Answering Brief In Maui Councilmember Residency Appeal: What Is "Immediate Forfeiture And Vacancy?"

Here's the Answering Brief filed by a Maui Councilmember in the case in which Lanai residents and voters assert he forfeited the Lanai seat on the Maui County Council under section 3-3 of the Maui Charter since he is not a resident of Lanai.

Section 3-3 of the Charter provides that "If a council member...ceases to be a resident of the council member’s residency area during the council member’s term of office, or if a council member is adjudicated guilty of a felony, the council member shall immediately forfeit office and the seat shall thereupon become vacant."

The Maui Circuit Court dismissed the complaint, and the Lanai voters appealed.

Disclosure: we represent the Lanai voters; the Opening Brief we filed earlier is posted here.

More to follow as the appeal progresses. This was earlier transferred from the Intermediate Court of Appeals to the Supreme Court.

Note: on October 20, 2009, the Hawaii Supreme Court issued an opinion in a separate but related case, Dupree v. Hiraga, No 29464, the councilmember's appeal from a determination by the State Board of Registration hearing that he is a Lahaina resident and his attempt to register to vote as a Lanai resident was invalid. More about that decision here.