Posted on: Thursday, July 5, 2001
Editorial
Mirikitani resignation is in public interest
Make no mistake, this week's affirmation by a federal jury of accusations of blatant corruption at the Honolulu City Council diminishes not only that institution but all of government in this state.
The jury took three days to convict three-term City Councilman Andy Mirikitani of cutting a deal in 1999 to pay two of his former aides $26,600 in year-end bonuses in exchange for their kicking back $6,880 to him and his campaign.
The length of the deliberations did not indicate a weakness of the case against Mirikitani, according to the jury's foreman and others, but a determination to thoroughly examine "every little thing."
So what happens next? Hawai'i state law is clear that Mirikitani will be barred from public office — but not until sentencing, which has been set for Dec. 4. He has the right to appeal his conviction, and in that connection and others, to ask for delays in sentencing.
In other words, if he plays it skillfully, he could conceivably serve out his full term, which ends in the fall of 2002. Before he decides whether to pursue that course, he must choose which interest he wishes to serve — his or the public's.
Certainly Mirikitani has the right — indeed, if he believes he is innocent, the duty — to appeal the guilty verdict. Toward that end, he must consider whether his resignation would help or hurt his appeal. He also must look to his personal finances in terms of his regular paycheck at the City Council.
But if he chooses to serve the public interest, he must resign his City Council seat immediately.
He now is badly damaged goods. If he were to remain on the council, he could not credibly represent his constituents. Other council members would be forced to treat him as a pariah. He couldn't be expected, given his legal dilemma, to give the job complete attention. And no one would believe, having so baldly put his own interests first, that he takes the public interest to heart.
Yet if he resigns now and wins on appeal, he is free to seek re-election to his council seat, since he wouldn't be succeeding himself.
It is to be hoped that Mirikitani will recognize the right course, and do it soon.
The public owes a great debt of gratitude to outgoing federal prosecutor Steven Alm and prosecutors led by Assistant U.S. Attorney Michael Seabright for exposing and pursuing this case.
And once again we must wonder, as we did in recent months when several bad cops were convicted in federal court, whether local law enforcement is asleep at the switch when it comes to public corruption.
