'! 09/03/2002 13:45 6913703162 6913703162 GOVERNORS OFFICE KSA ,·,.,·'JON:M.YAN.nYKE '2$'lSlXIleStreet' .•. .. . . fJO'nt,luh:J . . Tel#hcme.: .:' .. . ANDREA HILLYER 'Po . . pohnpei, FM96941 691 'F..x:691 r 320-6485 KOSRAE STATE COURT TRIAL DIVISION' ) ) ) ) ) ) ) ) ) ) Civil Action No •. fl,... 0.2.. GERSQNJACKSON Vs. KOSRAE STATE ELECTION .' '.' " .. " , .'",' :, ' SUM:MONS . You.are hereby summoned and requested to serve upon plaintiffs whoSe address is Andrea Hillyer, Attorney atLaw,P. O. Box lliawer D, Kolonia Pohnpei, FM 96941, an Answer to the Complaint which is served Upon you, within 20 days after service ofthiS'SummODS exclusive of the day of service. If you fail to do so, judgment by default will be taken you for the . reliefsought in the Complaint. \ PAGE 01/13 University of Hawaii School of Law Library - Jon Van Dyke Archives Collection
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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
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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
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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
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