Judiciary in Hawai'i Cheats The Public

Demand Judicial Transparency

1.24.25 — Outgoing Chief Justice: "We Can’t Just Assume We Have The Public’s Trust": As he reaches Hawaiʻi's age limit to serve, Mark Recktenwald calls for more transparency “so the public can see what we are doing.”

Comment to CivilBeat, Chad Blair, on X/Twitter
Hawai'i judiciary cheated me !!! Review my case against HECO. See how COURTS cheat the public !!!

Let's have TRANSPARENCY !!! Circuit Court in the First Circuit Dean E. Ochiai cheated me. Intermediate Court of Appeals cheated me. Can PROVE IT !!! Let the PUBLIC see !!! Contact me

Hawaiian Electric Co (HECO) cheated me as an employee. They were required to inform me of their rules and policies. They failed. When they offered me a permanent position, I honestly, ethically informed them of my disability and related medication. HR employee Liz Dear and HR director Shana Buco led me to believe I would be fine. They lied. HECO fired me two weeks later.

Losing a job due to a "drug crime" is a death sentence for a professional employee. HECO would not speak with me. Had to hire attorneys. Jason Tani and Bryan Harada agreed to take my case.

About six weeks after they filed a complaint on my behalf in circuit court, Randall C. Whattoff, attorney for Cox Fricke LLP, representing Hawaiian Electric, threatened us by serving a Rule 11 motion for sanctions (see photo at right).

The Asian women at Hawaiian Electric were cruel and incompetent. I was honest and ethical. They lied to me. Set me up for failure.

Whattoff wrote, "Perhaps most egregiously, Mr. Goold has filed spurious complaints with the Office of Disciplinary Counsel against Connie Lau (the President and CEO of Hawaiian Electric Industries, Inc. (“HEI”)), Susan Li (the former Senior Vice President, General Counsel, Chief Compliance and Administrative Officer, and Corporate Secretary of Hawaiian Electric), and Thao Tran (Senior Associate General Counsel, Legal Department, Hawaiian Electric)."

Whattoff claims the complaint was "spurious" — read for yourself

The year Connie Lau's team fired me, she was the highest paid employee in the State of Hawai'i. Management was not competent. Then they incinerated Lahaina!

To me, Whattoff's motion was a hit-job. Told the attorneys I could defend against the character assassination. In my opinion, it was a weak and childish "attack the victim" strategy.

Tani and Harada were cowards in my opinion. They didn't step up to defend me. The $4 billion corporation scared them. They fired me — withdrew from the case.

Not knowing what to do, I amended the complaint and filed it under my name. Dared Whattoff to file the Rule 11 motion. He made excuses. Never filed. It was bullshit. I knew it. He knew it. It was a bluff.

Circuit Court in the First Circuit Dean E. Ochiai (at right) CHEATED me first by failing to alert me to the deadline to serve my complaint. Believe the official record shows he favored Hawaiian Electric throughout proceedings.

I later told both circuit court judge Ochiai and Intermediate Court of Appeals that Whattoff used a "threaten & retreat" stragegy. His action violated principles of good faith and Rule 11 protocols, in my opinion. Believe any competent attorney or judge would agree.

Hawai'i judiciary, like state government, is corrupt. They refused to protect me under the law. Residents cannot TRUST the Hawai'i judiciary.

Rush Moore LLP DEFAMED Scott Goold

RUSH MOORE LLP
A Limited Liability Law Partnership
Stephen K. C. Mau
Jason M. Tani, Esq.
Bryan M. Harada, Esq.

January 24, 2025

Aloha e Mr. Mau ~
I notified you previously that I was going to report Rush Moore LLC, Mr. Jason M. Tani and Mr. Bryan M. Harada, for what I believe was Legal Malpractice in my claim against Hawaiian Electric Company et al. Did not appreciate your threats. Your letter of April 20, 2023, is included (at right).

Record shows Harada notified me about April 6, 2021, in regard to a Rule 11 letter of sanctions he claimed to receive the previous night. He stated, "we intend to withdraw as your counsel as soon as practicable.”

Record shows that Tani stated to the circuit court on April 14, 2021, "To date, Plaintiff has not provided the Firm with any right to sue letter or other determination." (p2)

Tani's statement is deceptive and defamatory. Had informed Tani and Harada that the Hawai'i Civil Rights Commission (HCRC) had refused to provide a "right to sue" letter or other determination around March 24, 2021. Harada asked me to "please check weekly with HCRC so we can proceed with amending the complaint to make discrimination claims."

As part of Recktenwald's corrupt judiciary system, HCRC refused to provide the RTS letter and case files at that time. In fact, HCRC buried my complaint for some 3.5 YEARS. Sat on the director's desk.

HCRC director was William Hoshijo (above left). Liann Ebesugawa (above right) was HCRC Commissioner. Liann was also Assistant General Counsel for Hawaiian Electric Industries, Inc. Huge conflict of interst. I wrote at the time:
Cannabis Corruption at Commission: HCRC Chair Liann Ebesugawa Should Resign

*****
April 6, 2021: Harada to Goold

Hi Scott,
We got this last night; please review. Based on the sworn allegations and documents contained within, and your refusal to provide us with the information and HCRC documentation we previously requested, we intend to withdraw as your counsel as soon as practicable. Please take immediate steps to retain new counsel and we will provide them with your files.

The motion won’t be filed until April 27, 2021 to comply with court rules.

If you have any questions or concerns please do not hesitate to contact us.

Thanks,
Bryan
*****

Had OFFERED to forward 100s of pages on February 25, 2021 (below BLUE). Tani directed me to wait (below RED). I never REFUSED. Harada's claim is false, libelous and defamatory.

Rush Moore LLP Legal Malpractice

In Tani's pleading to the circuit court on April 14, 2021, he stated, "The Motion for Sanctions contained sworn statements and documentation that directly conflicted with allegations Plaintiff previously represented as fact to the Firm." (p2)

Believe Tani's statement is libelous. Nothing I represented to the Firm was false or inaccurate. In fact, once I received the case files from HCRC, I documented Liz Dear's sworn statements in the Motion for Sanctions were false.

Liz Dear assured me that my medication would be fine when I informed her on February 14, 2021. She denied my claim in her sword affidavit.

HECO's response (below) to HCRC impeaches Dear's statement. HECO admits Dear told me "I don't believe it will be a problem." I claim she said, "You will be fine." HECO also admits Dear told me she would inform her supervisor (Shana Buco), "and if there are any issues, someone will get back to you."

NOBODY got back to me. From our conversation, I believe Liz Dear assured me I would be fine. A competent attorney would win that point for me.

Like me, Liz Dear was a contracted employee for HECO. HECO attempted to avoid responsibility by BLAMING Dear. I had no knowledge about Dear's employee status. HECO HR director Shana Buco simply instructed me to work with Dear. I also assumed Dear was competent. HECO admits Dear was not trained.

HECO was negligent in their training of Dear, as well as with me. See 9.0 Training (above right). And HECO policy required that my supervisor discuss any "prescribed medication with a controlled substance" prior to beginning work. See 5.0 Use of Legal and Prescription Drugs (above right). HECO management failed over and over. Then HECO incinerated Lahaina.

Above, HECO claims "Goold did not mention his disability or his use of marijuana for his disability." I deny HECO's claim. HECO admits I told Dear that I had a "medical marijuana certificate." Of course I explained why to Dear. If they had questions or concerns, HECO should have asked for more information.

Below, HECO admits I told Dear my drug test would "likely show use of marijuana." I don't say "marijuana," would have said cannabis. However, clearly informed HECO of my medical cannabis use. HECO admits Dear told me, "and if there are any issues, someone will get back to you." It was HECO's responsibility to get back to me. HECO did not. Any competent attorney would win this argument.

As a pro se litigant, learned much later that:
The Sanctions Motion alleges that Mr. Goold “embarked on a campaign of harassment against Hawaiian Electric, its employees, and its parent company” [Dkt No. 93, Appendix A at 1] (emphasis mine).

Attorney Randall C. Whattoff's claim is disingenuous and false. All Mr. Goold wanted was to return to work. Hawaiian Electric management refused to speak with Mr. Goold. Hawaiian Electric management forced Mr. Goold to hire attorneys, which created an adversarial relationship.

Hawaiian Electric management intentionally frustrated the top-ranked IT employee. Appears Hawaiian Electric management hoped Mr. Goold would quit and go away. It's been six years. Mr. Goold is not going away! He's not a quitter.

HOWEVER, Rule 11 does not apply to conduct that occurred before litigation began. Attorney Randall C. Whattoff's action was unlawful. He chased away Mr. Goold's legal team with the Rule 11. That's unlawful.

Rule 11 is “not a panacea intended to remedy all manner of attorney misconduct occurring before or during the trial of civil cases … Thus, no matter how improper Abrahams’ [or Mr. Goold’s] alleged conduct may have been, Rule 11 is an inappropriate vehicle for reviewing and disciplining such conduct.”
Adduono v. World Hockey Ass'n, 824 F.2d 617, 621 (8th Cir. 1987)
ICA Dkt. 106 MER, March 19, 2023, p3.

Messrs. Harada and Tani had an obligation to either (1) defend me from an improper Rule 11 or (2) notify me that the Rule 11 was improper. Instead, they manufactured false statements about my alleged refusal to "provide us with the information and HCRC documentation we previously requested,” and made those statements before the circuit court. I have the relevant emailed communication between us to support this claim.

Outgoing Chief Justice Recktenwald now calls for greater transparency. Both the circuit court and ICA were aware of HECO’s unethical and sordid behavior. They refused to follow the law. Believe both courts showed judicial bias toward the $4 BILLION company over a pro se litigant.

Based on information and belief, I claim Rush Moore LLP, Messrs. Harada and Tani failed to engage me in good faith and should be sanctioned for legal malpractice.

Supporting Documents

Goold Complaint to Office of Disciplinary Councel [8.26.19] download

Response to HECO Motion to Dismiss Appeal [filed 3.19.23] download

Letter from Rush Moore LLC to Scott Goold [filed 4.20.23] download

Scott Goold Motion For Reconsideration [filed 1.18.24] download

ICA Order Denying Motion for Reconsideration [filed 1.24.24] download

Hawai'i Chief Justice Recktenwald LEGACY is CORRUPTION read story

Hawaiian Electric Policy: 5.0 & 9.0

The policy "will be provided to all new employees ..." including "all agency workers, contractors, consultants, and vendors." HECO did not provide to Scott Goold; appears HECO did not provide to Liz Dear.

Rush Moore LLP did not provide exceptional value

Randall C. Whattoff, Cox Fricke LLP, served an unlawful Rule 11

Hawaiian Electric serves 95% of Hawaii's people. They pledge, "With that great privilege comes great responsibility." This example shows HECO management is not responsible to the people of Hawai'i.

Historical Note: William W. Hall, who founded Hawaiian Electric Company in 1891, led the Honolulu Rifles in a coup against King Kalākaua. The overall impact marked a shift in the balance of electoral power away from Native Hawaiians and toward the White elite. [source]

The Daily Bulletin (September 30, 1887) covered the event. "William W. Hall of Honolulu is in town. He was one of that committee of thirteen that called on King Kalākaua and demanded that he either abdicate or sign the new Constitution."

"'We committeemen filed into the palace,' said Mr. Hall, 'and found the King at his desk in one of the rooms. He was pretty well frightened and extremely conciliatory. He asked us to-be seated, but we declined, and delivered our message standing.'

'Your Majesty,' our spokesman said, 'we have a communication for you.'

The King took the message and began to read it. The spokesman said 'Your Majesty will be given twenty-four hours within which to make an answer; find if there is none by that time it will be considered a negative one.'

'We then filed out. We felt no uneasiness, because all the reputable people of Honolulu were with us. We formed a secret league there in January and took in members until we had, at the time of the revolution, about 500 citizens sworn.

They had all joined the Honolulu Rifles, the only local militia, and I had furnished them all with Springfield rifles. The King had simply his police, composed of 100 natives and about sixty palace attendants.'"

Scott began serving residents of Hawai'i, as a contracted database analyst for Hawaiian Electric in August 2018. His coworkers praised him. Manager Lori Yafuso wrote in his 90-day review:

YOU have been a great asset to our team and it is your personality and humble nature that makes all of us so comfortable working together. We have had contractors on the DBA team before, but never with the synergy and positive energy that you bring with you. I believe you have had the greatest influence in our success and glad that we selected the right contractor. You have definitely made your mark here at HECO and have set the bar very high for future contractors!

Thank you for being you…keep doing what you do…keep that good karma flowing!
HECO IT Manager Lori Yafuso

Post-termination, Scott received an email from one of his colleagues:

Hi Scott,
I personally never saw any evidence of you being impaired. Quite the contrary in fact. I would say sharp, expedient, professional, techical, humble, the whole package really.

But I did notice you had a limp, so I suspected you were in pain, but you never mentioned anything, and I never bothered to ask, our conversations were always about getting things done, and you delivered in times when we had to deliver and get things done.

Marijuana is a complex issue, often misunderstood, has been known to relieve pain, and when used correctly does not impair.
Sincerely,
HECO IT coworker

When offered permanent employment, Scott Goold honorably, honestly and ethically disclosed his legal, prescribed medical cannabis use. HECO staff — all women — deceived him. They misled him. They promised to get back to him if there were any issues. Didn't. They entrapped Scott and set him up for failure. They discharged Scott from service — because they consider Scott to be a dangerous dude.

CDC Trained Scott beginning in 2009 to Battle Opioid Epidemic. HECO Fired Him. Corporate America is part of the problem.

Circuit Court in the First Circuit Dean E. Ochiai CHEATED

Intermediate Court of Appeals CHEATED

Scott Goold Motion For Reconsideration [filed 1.18.24] download

ICA Order Denying Motion for Reconsideration [filed 1.24.24] download

Ua Mau ke Ea o ka ʻĀina i ka Pono

"The life of the land is perpetuated in righteousness"