A state judge says the Honolulu Police Commission should have agreed to provide legal representation for a police officer who is being sued by Katherine Kealoha’s uncle.

The uncle, Gerard Puana, claims he was framed for the theft of his niece’s mailbox and is suing Kealoha; her husband, retired Honolulu Police Chief Louis Kealoha; retired officers Dru Akagi, Walter Calistro and Niall Silva; and current officers Minh-Hung “Bobby” Nguyen and Daniel Sellers.

The lawsuit is on hold pending the outcome of a related federal criminal case.

Silva pleaded guilty in U.S. District Court to conspiring to frame Puana and to cover up the scheme. As part of his plea deal, Silva has agreed to testify against his co-conspirators. The Kealohas, Nguyen and Sellers are scheduled to stand trial in March on charges involving the alleged frame-up and cover-up.

The commission denied Nguyen’s request for legal representation in the civil lawsuit. Nguyen appealed. The commission then instructed city lawyers not to oppose Nguyen’s appeal and didn’t even file a response.

Circuit Judge Keith Hiraoka ruled Friday in Nguyen’s favor.

Chairman Loretta Sheehan says the commission likely will discuss Hiraoka’s order and whether to appeal it at next week’s commission meeting.

The commission approved legal representation for Akagi but denied it for Louis Kealoha. Sellers’ request is still pending. Calistro and Silva have yet to make requests.

Kealoha is suing the city and the commission for denying his request and for ignoring his wife’s request.