Substitute justices stand by sanctions

By David Waite
Advertiser Courts Writer

A group of fill-in justices acting as the state Supreme Court has ruled that it will not reconsider the sanctions imposed earlier this year on Supreme Court staff attorney Alvin Sasaki.

The Supreme Court substitute justices on April 1 went against a recommendation from the state Office of the Disciplinary Counsel that Sasaki be suspended from practicing law for three years. They reduced the penalty to public censure and 300 hours of community work.

Later in April, the disciplinary counsel, which recommends punishment for lawyers who have engaged in misconduct, asked the court to reconsider the sanctions.

Sasaki, a former chief deputy in the public defender's office, admitted to many acts of misconduct, almost all between 1988 and 1993 when he was in private practice. They included falsely notarizing 18 legal documents, lying under oath when questioned about the notarizations, and lying to an investigator from the Office of Disciplinary Counsel.

The substitute judges issued the ruling after the regular Supreme Court justices cited a conflict of interest. The substitutes in the majority were judges George Masuoka of Kaua'i, Shackley Raffetto of Maui, Ronald Ibarra of the Big Island and Gary W.B. Chang of O'ahu. O'ahu Circuit Judge Dan Kochi dissented, saying he believed that a suspension was warranted.

The substitute panel ruled on Sasaki's case three years after the Office of Disciplinary Counsel made its recommendations.

The order denying the request for reconsideration was issued Friday, signed by all five substitute justices.

Carole Richelieu, chief disciplinary counsel, declined to comment on the Supreme Court's rejection of the reconsideration request other than to say the reasons for seeking the reconsideration were spelled out in the office's request to the court.

Sasaki and his attorney, Keith Agena, did not respond to a request for comment on the matter.