The Maui news. [volume] (Wailuku, Maui, H.I.) 1900-current, 1922-09-22
WHERE INTERESTS CONFLICT

Without going into the questions and issues that entered into
the }cyins ease there is in the circumstances that made such u hear
ing possible a point Of deep Importance and interest to every cOun-
ty in the territory. In the opinion of the majority Of the court
the point is mentioned though not stressed 50 much as it deserved.
No prosecuting officer. whether attorney general or county attorney
should be permitted to enter INTO private practice OF the Law while
holding such an office any more Than any judge Of a court should
be permitted to practice while on the bench. The coming session
of the legislature is the time when that question should be settled
and settled right.
If prosecuting officers are not to enjoy the opportunity of priv
ate practice it will be necessary to compensate them adequately for
their services as such officers in order that men of the requisite
ABILITY and position III their profession shall be willing to accept
such places. At present the compensation is not such that an in
cumbent feels he can give up private practice.
1t is admitted on all sides that a judge cannot practice as a
lawyer without placing himself in a position where he dSqualfes
himself for the seat on the bench in certain cases. Where a judge
participated in a case before ascending to the bench or is familiar
with the subject matter of a case that would be tried before him
when he 'dons the ermine" he will not sit in judgment, and can
not over the objection OF any of the parties to the action.
So with a prosecuting officer. lie may take a case that it would
appear on the surface would never involve him in any difficulty.
AS an instance he might in all innocence have entered for probate
a will which it developed later had been forged. Then he would
be placed in the position of having to prosecute his own client. 1t
might be a divorce case where the plaintiff alleged cruelty or aban-
donment and when the answer came in he might find his client
charged with bigamy or another punishable ofense. Again he
would be placed in a position where called upon to prosecute a
client from who he had accepted a retainer. One can never tell
what the developments may prove to be in a controversy, no matter
how plain and open it may appear
Under those circumstances it is evident there is quite as much
reason why a prosecuting officer should be restricted to the practice
u the office IS that a Judge should reinquiSh private legal business.
Maui is not alone in having discovered this. In every county
in the past dozen years there have been episodes which make evil
dent the necessity of combining officials to official practice.
1t has been suggested that the proposal for amendatory legis-
latim should come from the chief justice of the supreme court of
the territory and the suggestion is a good one but this paper would
urge that the suggestion come in the form of a recommendation
presented to the next legislature and signed by the chief justice of
the supreme court, his associates, the circuit court Judges. a resolu-
ton of the bar association and signatures of practicing members of
the bar. Such a recommendation should certainly bear weight and
it would be well to have embodied in ii the requisite salary increases
as well as the request for the restrictive legislation. The bar would
probably be practically unanimous ON the subject.