University of Hawaii School of Law Library - Jon Van Dyke … · 2018-02-08 · Affidavit of Gerson Jackson, Jon's certificate and Jon's petition, . on the. Following persons on 2ttLday

'!

09/03/2002 13:45 6913703162

6913703162 GOVERNORS OFFICE KSA

,·,.,·'JON:M.YAN.nYKE '2$'lSlXIleStreet' .•. .. . . fJO'nt,luh:J HaVo'ai~968;ZZ . . Tel#hcme.: '80S-9~6:-g5()~·· .:'

.. ~~:$08::~5b.S~6~.i'

. ANDREA HILLYER 'Po O.B~I?ra~;P .

. pohnpei, FM96941 Te~ep}tone: 691 ~32()~6400 'F..x:691 r 320-6485

KOSRAE STATE COURT TRIAL DIVISION'

) ) ) ) ) ) ) ) ) )

Civil Action No •. fl,... 0.2..

GERSQNJACKSON

Vs.

KOSRAE STATE ELECTION

'CO~lM1SSI()N,

·;;;·'·,P~~n~t~ .' '.' " .. "

, .'",' :, '

SUM:MONS

. You.are hereby summoned and requested to serve upon plaintiffs

cOunSd~ whoSe address is Andrea Hillyer, Attorney atLaw,P. O. Box lliawer D,

Kolonia Pohnpei, FM 96941, an Answer to the Complaint which is herewi~h served

Upon you, within 20 days after service ofthiS'SummODS uponyo~ exclusive of the day

of service. If you fail to do so, judgment by default will be taken ag~ you for the

. reliefsought in the Complaint.

\

PAGE 01/13

University of Hawaii School of Law Library - Jon Van Dyke Archives Collection

· 09/03/2004 13:45 5913703152 6913703162

GOVERNORS OFFICE KSA PAGE 02/13

'DATE --A-~~---BY __ ~~~~~~

elf CERTIFICATE OF SERVICE

'thjsjtJto certify. that the Ilndenigned personally served a copy of complaint for ~':., ,. ...".' . " .' . .

',' ','

i·:·D~cJari.t~;' ~ Injondive t~lief, a motion to recuse J~dges George & Aliks~, a, . ';

Mo6onfor expedited procedure and a motion to admit Counsel Pro Hac Vice,

Affidavit of Gerson Jackson, Jon's certificate and Jon's petition, . on the.

Following persons on 2ttLday of ~ ~ 2002.:

1. Mr. Daniel Thompson Chairman, Kosrae Eledion Commissioner

2. Mr. Ron Bickett Attorney General State of Kosrae


,. e9/e3/2ee2 13:45 69137e3162

JON M. VAN DYKE 2515· Dole Street Honolulu. Hawai' i 96822 Telephone: 808-956-8509 Fax; 808-956-5569

ANDREA HILLYER P.O. Box-Drawer D

· pob:rtp~i, FM 9.694.1 . .• 'Telephone: ·691;.320-6400 'Fak:691-320-6485

6913703162 .. GOVERNORS OFFICE KSA

IN THE KOSRAE STATE COURT

· GERSON JACKSON.

Plaintiff)

YS.

KOSRAE STATE ELECTrON COMMISSION,

Defendant.

TRIAL DIVISION

) ) ) ) ) ) ) ) ) ) ) )

Civil Action No. -M _02....

MOTION FOR EXPEDITED PROCEDURE

MOTION FOR EXPEDITED PROCEDURE

COME NOW Plaintiff Gerson Jackson, by and through his undersigned attomey, and

PAGE e3li3

· most respectf'ully moves to request that this Honorable Court establish an expedited procedure

for thepresentcase. Because the deadline for filing for the Novernbel' 2002 election is October

1,2002, til"l.'le is of the essence, and Plaintiff will be denied the opportunity to r.unin the

November election unless a decision is made by October 1.

DATED: August 29,2002.


.... -'

· ci9/~j~2002 13:45

, '.,

5913703152 6913703162

GOVERNORS OFFICE KSA

Jon M. Vall Dyke AndreaS. Hillyer Attorneys for Plaintiff , ,

Lieutenant Governor Gerson Jackson

2

PAGE 04/13


6913703162 09/03/2002 13:45 6913703162 GOVERNORS OFFICE KSA PAGE 05/13

.. ---_ .. ... ... -'

'., .. M·· VA"'1'DYKE . JON.- .l~. .

.. l.S1$pol~Street. 6822 " ....... Horiolu1u,Haw;~l 1 9. 09

"".'\"" ho·1"' .. e- S08. ~956-85 ." Te.ep····.·· . . "Fax; 808~956·5599 .' ,.,.,'.' "YER

, ···ANDREAHI~J.- _ ., • . p' : O. Box. Drawel D .

:' ", -M96941 pollnpel~F ,' .. : 2.0~6400 Telephone: 691~3 Fax: 691-320-6485

.---


TRiAL DIVISION

~--~~------~-) GERSON JACKSON ,

Plaintiff,

. VS.

"'~OSRAE STATE ELECTION .' COMMISSION)

) ) ) ) ) ) ) ) )

, ,Defendant. ) ----~~------------~)

. . ~..:-O.L. Civil ActlonNo. - .

MOTION TO RECUSE JUDGES GEORGE ANDALlKSA .

COME NOW PlailltiffGerson Jackson, by and through his undersigned attorney. and

most respectfully moves to recuse Chief Justice Yosiwo p, George and Associate Jlistice Aliksa 'E_ Aliksa from sitting on the Trial Division in the present case for the reason that they both served as delegates to the Second Kosrae State Constitutional Convention in 1995, and the a~tions and deliberations of the delegates at that Convention constitute the main factual matters

'oCcbncernin the present litigation.

SecUQn 6,1201 of the Kosrae Code says that judges in Kosrae are oovemed b tl C d . . Co Y Ie 0 e of judicial Conduct of the American Bar Association. See also Waouk v V'O'· .. "'ae L J' de' ,.J' O. . • ~\.I .", S an reuzt

,Union, 6FSM Intr01. 14, 16-17(App. 1993), Canon 3(C) of the ABA Codecont2jns the


\ , " ,.'.1/;. ,,~

;~'" >·c ;'.:;, ,.':<':::" ,-'.;~;.~/:-": ,;' ':-0..'

09/03/20~2;13:45,

" .'

.Q91370~162 6913703162

. G.DVERNORSOFFICE ·KS~

following relevantprovisioI'ls: (1) A judge should disqualify himself in a proceeding in which his

'iri:lpai-tiality might reasonably be questioned. including but not limited to instances where: .

(a) he has a personal bias or prejudice concerning a party, or personal knowledge of disputed evidentiary facts concerning the proceeding;

. (b) he served as lawyer in the matter in c0r:ttroversy, or a lawyer with . whOI'i"1 he previously practiced law served during such association as a lawyer, cqnceming the matter, or the judge or such lawyer has been a material witness

. < concerning it..~: . "'.:' ...... " . ,

Becausebbth\ju'dgesGeo~geand Aliksa were delegates to the 1995 Con COIl. they have , . " ' . .

"personal knowledge of disputed evidentiary facts" and ea'c11 could very well be "a material •. !' . ,

witness" in this casco

PAGE 06/13

Also relevant is 4 F.S.M.C. sec. 1 24(2)(c) which requires a judge to "disqualify himself'

. "where he served in governmental employment and in such capacity participated as ... material

witness concerning the pwceeding or expressed an opinion concerning the merits of the

particular case in controversy." The delegates to the 1995 Con Con were "in govel1unental

employment" and hence cannot serve as judges to evaluate the work of this body .. See, e.g., Fu

ZhouFuyanPelagic I!'ishery Co .. Ltd. v. Wang Shun Ren, 7 FSM Intrrn. 601 (Pon. 1996). The

'caseofinreJano,6 FSM Intrm. 93 (1993), is distinguishable, because that case did not involve

any disp\lte or cl~al1cnge regarding the interpretation of the document l"1egotiated by the trial

Judge. In the, present case, an apparent mistake made by the delegates to the 1995 Con Con is i. ",: :: "'. :". . '

central to the controversy.

For these reasons, Plaintiff respectfully moves to recuse both Judges George and Aliksa

and request that another judge be appointed to decide the present dispute.

DATED: August 29,2002.

Jon M. Van Dyke Andrea Hillyer Attorneys for Plaintiff


691371213162 09/03/200213:45 5913703152 GOVERNORS OFFICE KSA PAGE 07/13

fillE-JON M. VAN DYKE 2515 Dole Street HciJlOlul~, Hawai'i 96822

DATE ---/-' .:..:q~~~::-

" • Tel~pJ:ione:808-956.8509 ," Fax: 808-956:-5569

ANDR,EAIULLYER P.6.·50~ DtawerD

,Pohnpei,FM96941 . Telephone: 691-320-6400 Fax: 691-320-6485


TRIAL DIVISION

GERSON JACKSON,

.Plaintiff,

;"'."

VS.

,KOSRAE STATE ELECTION 'COM1\.1ISSION,

Defendant.

) ) ) ) ) ) ) ) ) ) )

~--~----~--------------~)

C· 'I . N ·""'I.L_O'2.--1 Vi ActIOn o. _'T'_fP_

AFFIDA VIT OF PLAINTIFF GERSON JACKSON

AFFIDA VIT OF PLAINTIFF GERSQN JACKSON

Now comes your affiant, after being duly sworn, and does state and depose as follows:

1. My name is Gerson Jackson, and I am cUlTently Lieutenant Governor of the State of

Kosrae. I have personal knowledge of the facts contained in this affidavit.

2. The Honorable Yosiwo P. George was a delegate to the Second Kosrae State

Constitutional Convention in 1995. and served as President of this Convention.

3. The Honorable Aliksa B. Aliksa was also a delegate to the Second Kosrae State

Constitutional Convention in 1995.


.' 09/03/2002 13:45 6913703162

6913703162 GOVERNORS OFFICE KSA PAGE 08/13

" j/ ~J . /

I~

/ /' 4. Because of their participation in the Convention, and because the deliberations of the

Convention are central to the dispute in the above-captioned case, it is appropriate that they be

recused rrom sitting as judges in this case .

. , 5. This affidavit should not be interpreted as challenging the integrity of Chief Justice

. (Jeorge or of Associate !ustice Aliksa, who are both respected and honorable members of our

..... ' cdmm.unity.' ; ,.'";"1 ' .

. Further, your affiant sayeth naught.

Dated this 2-.,J.. day of ~k!!. 2002

Subsc~ibed and sworn to before me 2002.

SANDY A. AL8ERT, NOTARY PUSLIC . Fedoral.d Statos Qr Mi(fol'l~iQ

I<osroe Slotc

~OMMtSSI XPIRES ON THE

1;).:;- OAY Of


6913703162 09103/2002 13:45 6913703162 GOVERNORS OFFICE KSA


TRIAL DIV1SION

GERSON JACKSON,

Plaintiff~

vs.

KOSRAE STATE ELECTION COMMISSION,

Defend~nt.

) ) ) ) ) ) ) ) ) ) ) )

Civil Action No. ~- 02-

MOTION TO ADMIT COUNSEL PRO HAC VICE; CERTIFICATE OF SERVICE

PAGE 09/13

Comes now the undersigned on behalf of the Appellants in the above-captioned case, and

hereby files this Motion pursuant tothe Rules for Admission to Practice before'the Kosrae State

Court,regarding the admission of practice of Jon. M. Van Dyke before this court in the instant

case pro hac vjce, and states as follows~

1. Plaintiff has retained Jon M. Van Dyke to work with local counsel for purpose of

handling this case. Local counsel knowledgeable about litigation and capable of handling

procedural matters is also available~ and hence the granting of this motion will not cause any

delay· of the instant proceedings .

. 2. Jon M. Van Dyke is not a resident oftbe Federated States ofMicrollesia. Heis a

'resident of the State ofHawai'i and is a member of the State Bar of Hawai'i, and is seeking

admission to practice for the instant case only. He has previously participated as counsel in one

.. ,o~l1e,rcase in the FSM, State of Chuuk v. Secretary of Dept. of Finance, FSM App. Cas~ No. P4-

. '1999,' \Vhi~h 'tase is. now terminated.

:30 JoriM. Van Dyke possesses special qualifications and expertise in the area oflaw ,

. ··which isthe'subjectofthis litigatiorl, which is not present with any other counsel locally

available in the Federated States of Micronesia. His curriculum vitae is attached.


09/03/~002 13:45 6913703162 6913703162

GOVERNORS OFFICE KSA PAGE 10/13

4. The, instant litigation -concerns constitutional law issues that a're pecul1ariy within the

expepienceal1dImowledge' of Jon M. Van Dyke, and Plaintiff submits that his admission to

practice on this.particular case will be in the interests of justice and will benefit the jurisprudence

of the State ofKosrae.

. DATED; August 29, 2002, Pohl1pei, FSM

Andrea Hillyer .

Attomey for Plaintiff

CERTIFICATE OF SERVICE

1 certify that a copy of this Motion was served by _ this _ day of August, 2002 on

Kosrae State Election Commission

c.!o Office of the Governor, Kosrae State a!1d

Ron Bickett Attorney General

State ofKosrae PO Box 870

Tofol, Kosrae FM

2


6913703162

In the· Matter. of

'JON~Vt\NDYKE,

Attorney at Law,

6913703162 GOVERNORS OFFICE .KSA PAGE 11/13

DATE -IJ.-~~~==-~ BY-C~~~~~A~T~E~cnO~U~Rlf.

'KOSRAE

CERTIFICATE OF QUALIfiCATION

I, Evelyn M. Rimando, clerk of the Supreme Court of the State of Hawaii. do hereby

certify that JON MARl<HAM VAN DYKE is an attorney al1d was admitted to practice as an

attorney, counselor and solicitor in all the courts of the State of Hawaii on Janllary 20, 1977;

is~i pres~nta member of the bar of Hawaii, in good standing, and has never been suspended ", 0"_,, '-,,'.

for mis4:9nd'l1ct.

Dated: H~;molulll, Hawaii, August 28, 2002.


09/03/2902 13:45 5913703152

JOl'fM. V AN DYKE "2515 Doie Street ' Hollolulu.Hawafi 96822

'Telephone: 808-956-8509

6913703162 GOVERNORS OFFICE KSA

IN THE KOSRAESTATECOURT ,

TRIAL DIVISION

GERSON JACKSON,

Plaintiff,

vs.

KOSRAE STATE ELECTION CQMIVnSSION,

) ) ) ) ) ) ) ) ) ) )

~~~-----------------------)

Civil Action No. ftP-P 2,....-

PETITION OF NONRESIDENT ATTORNEY TO APPEAR IN A SPECIAL CASE

PAGE 12/13

PETITION OF NONRESIDENT ATTORNEY TO APPEAR IN A SPECIAL CASE

T.' JONl\:1. VAN DYKE. located at 2515 Dole Street, Honolulu, Hawari 96822, hereby,

apply to the Kosrae State Court to appear and participatein the above-titled action on behalf of

the Plaintiff.

I am a member in good standing of the bars of the State of Hawai'i (active), the State of

California (inactive), and the District of Columbia Onactive). I have appeared before the U.S.

District Courts of Hawai'i and NOlthern California, the U.S. Court of Appeals for the Ninth

.. ,Citpuit, theAdtninistrative Tribunal of the Asian Development Bank, the Supreme Court of the

'Federated States of Micronesia, the Supreme Court of the Republic of Palau, and the Supreme

1


.. , . 'ef91.03/2002" ;13: 45

6913703162 6913703162 GOVERNORS OFFICE KSA PAGE 13/13

COUlt of the Republic of the Marshall Islands.

I run not a resident of, nor am I regularly employed or engaged in business, professional

brother activities in the Federated States of !vficronesia. My residential address is 4191 Round

. . .

; Top'Pnve,Honolulu, Hawai'i 96822. I am not currently suspended or disbarred from any court, " . ..' .

·P,or,ba.~eIeverbeen sanctioned or disciplined in any manner by. any court.

I~'theabo~e~cap~ioned case, lwill be working with local counsel Andrea Hillyer, P.O. . .

BoXDrawerD, Pohnpei,FM96941, telephone number 691-320-6400. who isa ~ettiberof the

bar of this Court and who maintains an office in Pohnpei for the practice of law. She is the

attomeywith whom the Court and opposing counsel may readily communicate regarding the

conduct of this case and upon whom papers may be served .

. I declare under penalty of perjury that the foregoing is true and correct.

Dated this 27th day of August, 2002 . .

~ /f.I/~ J.,k Jon M. Van Dyke

2


Documents

University of Hawaii School of Law Library - Jon Van Dyke … · 2018-02-08 · Affidavit of Gerson Jackson, Jon's certificate and Jon's petition, . on the. Following persons on 2ttLday