Oahu judge named to Kenoi theft case

Hawaii Chief Justice Mark Recktenwald on Tuesday assigned an Oahu circuit judge to preside in the Mayor Billy Kenoi theft case on the Big Island.

Oahu Circuit Judge Dexter Del Rosario was temporarily reassigned to the Circuit Court on Hawaii island specifically for the Kenoi case.

The order went into effect Tuesday and will expire when the case is completed.

All Hawaii island judges have recused themselves from handling the case except for District Judge Barbara Takase, who will retire April 29.

The case will be heard in Circuit Court in Hilo, Judiciary spokeswoman Tammy Mori said.

Kenoi is charged with four counts of theft, two of which are Class C felonies. Other charges include one count of false swearing and three counts of tampering with a government record. The case is related to his alleged use of a county-issued purchasing card for personal purchases. He has reimbursed the county more than $31,000.

Some of the judges have cited the Hawaii Revised Code of Judicial Conduct Rule 2.11, which says, in part, that “a judge shall disqualify or recuse himself or herself in any proceeding in which the judge’s impartiality might reasonably be questioned,” such as cases in which the judge or a closely related person is a party to the proceeding, acting as a lawyer or is likely to be a witness.

University of Hawaii law professor Randy Roth said, “It’s not whether we know we’re going to be unbiased. It’s whether the circumstances are such that it is going to be accepted by the community we’ll be impartial and fair.”

He said a judge could have a relationship with the defendant that could cause people to doubt the judge’s ability to remain neutral and preside over the trial.

Roth said Del Rosario is highly regarded as a judge and, whatever the outcome, will be perceived as having handled the case in a fair manner.