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News (Media Awareness Project) - US HI: Impeachment Lawsuit Filed
Title:US HI: Impeachment Lawsuit Filed
Published On:1999-08-14
Source:West Hawaii Today (HI)
Fetched On:2008-09-05 23:42:42
IMPEACHMENT LAWSUIT FILED

Mayor Has No Comment, But Still Mulling Resignation

Hilo- A group of marijuana advocates said filing an impeachment
lawsuit against mayor Stephen Yamashiro and six County Councilmembers
was the last step in making them accountable for violating the county
charter.

In the impeachment lawsuit, Roger Christie said the mayor and council
members violated the county charter by not conducting a mandatory
program review of the "Green Harvest" marijuana eradication program.

Christie, a Pahoa hemp entrepreneur, filed the impeachment lawsuit
Wednesday afternoon at Hilo's Third Circuit Court. A date for a court
hearing has yet to be set.

Copies of the lawsuit, which lists 124 plaintiffs, were delivered to
Yamashiro and the councilmembers, including Jimmy Arakaki, Bobby Jean
Leithead-Todd, Aaron Chung, Al Smith, Dominic Yagong and Leningrad
Elarionoff.

Yamashiro said late Wednesday he had not yet seen the
lawsuit.

"The next step is to see what they have filed and analyze the
complaints and take the appropriate action," Yamashiro said. "I don't
believe in trying this matter in the media."

According to the Hawaii County Charter, a petition listing the charges
and signatures from 100 registered voters is all that is needed to
trigger a non-jury impeachment trial in Circuit Court.

If the court accepts the charges, guilty officials automatically are
removed from office.

The impeachment petition charges Yamashiro and six councilmembers with
denying justice, destroying domestic tranquility and creating more
crime and hard drug use by supporting Green Harvest.

It also charges officials with conspiring to keep taxpayers in the
dark by approving a limited 'special study' about the effects of the
program.

Finally, it claims appropriations are not "duly made," which is also
in violation of the county charter.

They also said a special study of the program that was ordered in 1996
was not adequate.

"It was designed to come up with a positive conclusion for the Police
Department and keep the county taxpayers in the dark," Christie said.

Yamashiro has suggested resigning from office, then holding a special
election to fill out the rest of his term.

He has said it would cost up to $30,000 to defend the impeachment
lawsuit in court, and he would rather spend that money on an election.

"Were still waiting to see if we can call the special election, the
initial reading is that we can not," Yamashiro said Wednesday.

Christie wasn't concerned about the mayor's proposal to resign and run
in a special election. Or the possibility of the mayor seeking
attorney's fees from his group if the impeachment effort fails.

"This can only have a positive outcome or consequences, no matter what
the mayor does or doesn't do," Christie said. "We'll take what comes.
We don't feel it's a risk."

Still, the group that filed the petition said even a proper review at
this point wouldn't end their impeachment efforts and they won't give
up until the officials are removed from office. The group plans to
hire an attorney to help with its case.

"They're just not to be trusted on this subject," Christie said.
"This is not personal."

Aaron Anderson, another hemp advocate, said he saw a helicopter 50
feet above his house Tuesday morning.

Jonathan Adler of the Hawaii Medical Marijuana Institute and Cannabis
Club, said he's been shot at nine times and lost homes because of the
eradication program.

Most of the six council members named in the impeachment weren't
worried.

"I hope that this action will cause a reaction from the general public
that will cause them to express their feelings on what philosophy they
support," Elarionoff, the Kohala council representative said. "Are
they for or against (marijuana) eradication?"

"I feel that we're doing our duty," said Arakaki, council chairman.
"I don't think we maliciously abused any authority."
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