Claim of bias thrown out in Hokuli'a case

By Kevin Dayton
Advertiser Big Island Bureau

HILO, Hawai'i — Lawyers for the controversial Hokuli'a development say Kona Circuit Judge Ronald Ibarra is biased and should be removed from any involvement in a years-long series of court fights over the 1,500-acre project.

But Hilo Circuit Judge Riki May Amano rejected that argument Friday, ruling that the allegations "have no merit."

"The record that I reviewed carefully does not reflect that bias or partiality complained of" by developer 1250 Oceanside Partners, Amano said.

"The so-called objectionable comments of the judge were taken out of context," Amano said. "When this trial is viewed in its entirety — and I find it has been unusually lengthy and contentious — I find that Judge Ibarra demonstrated significant restraint throughout the trial."

The luxury Hokuli'a development in Kealakekua has been the site of disturbances of Hawaiian burials, destruction of sections of the ancient Ala Loa trail and two violations of the federal Clean Water Act.

The motion to remove Ibarra maintained that he "suggested and pursued" legal theories against Oceanside that had been dismissed or were never raised by the Protect Keopuka 'Ohana or other plaintiffs who sued over the project, which calls for 700 home lots, a golf course and lodge.

It also said Ibarra "consistently and improperly assisted the plaintiffs in their case" by cross-examining witnesses to draw out information that damaged Oceanside's case, and by allowing Protect Keopuka 'Ohana and other plaintiffs to violate court rules.

"Not only did Judge Ibarra one-sidely aid the plaintiffs, but the judge also created a negative atmosphere for Oceanside by way of violation of rules of evidence and other instances," the motion alleged.

Robert Kim, lawyer for the activists who sued Oceanside over the project, called the developer's arguments "baloney" and part of an effort to intimidate Ibarra after the judge presided over three years of legal wrangling in the case.

"They saw that the case is going against them, so they pulled the plug," Kim said. "It's an act of desperation."

Bert Kobayashi Jr., a lawyer for the developer, predicted before Amano ruled that her decision likely would be appealed whichever way it went. He would not say after the hearing whether Oceanside would proceed with an appeal.

The decision was one of Amano's final actions as a judge before she stepped down from the bench Friday. Amano retired after failing to win the approval of the Judicial Selection Commission for a second 10-year term.

Reach Kevin Dayton at kdayton@honoluluadvertiser.com or (808) 935-3916.