Board of Education Vice Chairman Brian De Lima, an attorney, is receiving some criticism for representing a Hawaii island man accused of forcing two children to have sex to produce pornographic images in 2008.
De Lima, however, said he is upholding his duty to provide legal representation to people accused of crimes, regardless of the severity of their crimes, and regardless of their guilt or innocence. That duty, he said, is completely separate from his role as a member of the school board, a post Gov. Neil Abercrombie appointed him to last year.
De Lima is representing John Ridgely Tucker, 56, who pleaded not guilty at his arraignment Friday in U.S. District Court in Hono-lulu. Tucker, who is being held without bail, is accused of six counts of producing child pornography.
Honolulu resident Marilyn Vrasa, who described herself as a retired teacher but not with the state Department of Education, said De Lima’s decision to represent Tucker calls into question his priorities.
Vrasa said she does not know De Lima and has had no dealings with him, but was appalled to learn that the vice chairman of the school board was defending a man accused of child pornography.
"His first priority under the BOE charter is to the children of the whole state of Hawaii," Vrasa said. "His vision is clouded. His first duty is to the children of Hawaii. He cannot, in good conscience, continue as a member of the board."
De Lima said criminal defense is part of being a trial attorney and that representing someone accused of child pornography does not mean he condones such acts.
"My function in the criminal defense system is to represent the accused against the allegations, and in America the accused are presumed innocent until they are proven guilty."
What’s more, "we perform our duties without judging or imposing our own morals and sensibilities," he said. "If we started doing that, who would defend people who are accused of serious crimes?"
He said he is equally passionate about advocating for youths as an appointed member of the school board, a post for which he receives no monetary compensation. Both of his daughters are in the public school system; one is a special-needs child, and De Lima has been a leading advocate for special-needs programs.
"Most people are capable of making the distinction between someone doing their sworn duty to defend someone within the bounds of the law and at the same time capable of doing public service where they are advocating, in this case, for quality education of our children."
De Lima said he was retained as a referral from a mutual friend and was not court-appointed. He turns down cases only when there is a conflict of interest, and none exists here, he said.
"Whether it’s legal or not, it’s a moral and ethical issue," Vrasa said. "Who do you service? Are you first serving the children, or are you going to serve someone accused of being a child molester?"
Craig Wagnild, president-elect of the Hawaii State Bar Association, said that De Lima, as a member of the bar, determines for himself whether he has any professional conflicts that would prevent him from representing Tucker. De Lima also "has to make his own decisions about whether or not he believes there are any other representations that he has going on, whether it’s on the board or anything else, that would affect his ability to fully represent him."
Wagnild said it’s not up to the board to decide that. "Everybody, including Mr. Tucker, is entitled to a vigorous defense," he said. "And as attorneys we’re often called upon to represent people that have been accused of bad things."
