Judge says he's staying on campaign-donor case
| • | Leong to remain on police panel |
By Johnny Brannon
Advertiser Staff Writer
A judge yesterday refused to disqualify himself from a case in which a prominent attorney is charged with helping to orchestrate illegal campaign contributions to Mayor Jeremy Harris.
Circuit Court Judge Steven Alm said an attorney for Edward Y.C. Chun had presented no evidence to substantiate his claim that Alm had reached a premature conclusion that Chun was guilty.
Chun, a senior partner in the Honolulu law firm of Chun Kerr Dodd Beaman and Wong, was indicted by an O'ahu grand jury in May on two misdemeanor charges. He allegedly advised a client, the Food Pantry grocery chain, to funnel at least $9,000 in company money to Harris' campaign under the names of company employees.
Chun's attorney, Dale W. Lee, argued that Alm had said in a July meeting that he would sentence Chun to 10 days in jail and a fine if he pleaded guilty, and would not accept a no-contest plea. Lee said that was inappropriate because Alm had not reviewed the facts of the case.
But in a detailed response of nearly one hour, Alm said the discussion had been in the context of Chun seeking a plea bargain with prosecutors. In such talks, guilt is assumed hypothetically so that judges can indicate what sentence they are inclined to impose if a deal is struck, Alm said.
Pre-plea discussions can help defendants decide whether to accept a plea bargain, but they should not "test the water" and then try to disqualify a judge if they don't like the outcome, Alm said.
Lee argued that a pre-plea talk had not been the basis for the meeting, and that he had been seeking clarification after he was told Alm generally does not accept no-contest pleas.
Alm said that by the time the discussion turned to sentencing, it was too late to challenge his objectivity in that manner. Lee declined to say how he would proceed in the case.
Chun could face sanctions, including disbarment, by the state Office of Disciplinary Counsel, whether he is convicted or not. Such issues are normally decided after related criminal proceedings conclude.
Reach Johnny Brannon at jbrannon@honoluluadvertiser.com or 525-8070.
