There are a variety of ways that Fukino has broken Hawaii law. The snag I’m coming up with is trying to figure out how to get a case that could be appealed beyond Hawaii, because Hawaii simply can’t be trusted.
IIRC, that means it would have to be a federal law that was broken. And it would have to be a civil case rather than criminal because nobody in position to file a criminal case has the courage or honesty to do it.
I’m such an ignoramus when it comes to legalities. What are some civil cases that could be appealed in federal court? Can we just brainstorm and maybe something will ring a bell?
“IIRC, that means it would have to be a federal law that was broken. And it would have to be a civil case rather than criminal because nobody in position to file a criminal case has the courage or honesty to do it.”
Does this mean you’ve ascertained that False Statements Act doesn’t have a qui tam provision? The beauty of qui tam is that any motivated citizen can file the claim, essentially on behalf of the federal government. They don’t need any federal prosecutor’s permission to pursue this. So it’s simply a matter of finding a lawyer willing to handle the case either on a pro bono basis or on a contingency fee basis, i.e., they take X% share of whatever funds might be awarded to you. In either case, you are not legally liable for any costs, so qui tam has zero downsides and a high upside potential.
“I’m such an ignoramus when it comes to legalities. What are some civil cases that could be appealed in federal court? Can we just brainstorm and maybe something will ring a bell?”
By its nature, a qui tam filing under a federal law would be heard in federal court: you’d be bypassing the state courts altogether. I’m 95% certain that means you would have appeal rights all the way up to the Supreme Court if need be.
If qui tam is not permitted, I’m not sure how you’d proceed. “In the United States, concurrent jurisdiction exists to the extent that the United States Constitution permits federal courts to hear actions that can also be heard by state courts. For example, where a party from Alabama sues a party from Florida for a breach of contract, the Alabama party can sue in either the federal court located in Florida (under its diversity jurisdiction) or in the state court located in Florida (under its personal jurisdiction over the defendant).” http://en.wikipedia.org/wiki/Concurrent_jurisdiction
The problem is that unlike a contract dispute, your state wouldn’t have a law that would make it possible to sue Fukino. Even if it did, the question of “standing” would inevitably arise. How are you harmed by Fukino’s violation of her own state’s law? If you were a Hawaiian resident, standing might be more straightforward, although again, I think you have to demonstrate tangible harm as opposed to saying that as a citizen you feel wounded that a state official is breaking a state law. If all the BC suits haven’t established standing for their plaintiffs, I don’t see how you’d have any stronger claim.
Anyway, I’m not a legal eagle, so the foregoing exhausts my own ability to provide guidance about how to proceed. Have you considered contacting Donofrio directly? He’s obviously thought about these angles a lot, so someone like him would be the most reliable way of getting an accurate answer.