Commission On Judicial Conduct Judge Frietas of Hilo District Court, Hawaii

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1 IN THE DISTRICT COURT OF THE THIRD CIRCUIT
2 STATE OF HAWAII
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____________________________
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STATE OF HAWAII, )
5 )
Plaintiff, )
6 )
vs. )
7 )
PHILIP BIKLE, ) 3DTC-16-005744
8 )
Defendant. )
9 ____________________________)
10
TRANSCRIPT OF PROCEEDINGS
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before the Honorable Harry Freitas, Judge, Puna at Hilo
12 Division, presiding on Thursday, December 15, 2016.
13 FOR ARRAIGNMENT AND PLEA
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APPEARANCES:
15
EVANS SMITH
16 Deputy Prosecuting Attorney
17 PHILIP BIKLE, Defendant

Pro Se
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REPORTED BY: Audrey Tanouye, CSR 225
25 Official Court Reporter, State of Hawaii
Audrey S. Tanouye, CSR 225
Official Court Reporter, State of Hawaii
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1 THURSDAY, DECEMBER 15, 2016 8:50 O'CLOCK A.M.
2 --OoO--
3 THE CLERK: At number four for Philip Bikle.
4 MR. BIKLE: Here.
5 THE COURT: Morning, sir.
6 MR. BIKLE: Good morning. I contacted the Court
7 about ADA. I really need to sit, I got --
8 THE COURT: By all means. Have a seat, Mr. Bikle.

9 I'm sorry, I didn't get the contact information. But
10 definitely if you need a --
11 MR. BIKLE: Yeah, I contacted them.
12 THE COURT: -- you need to sit, have a seat.
13 Looks like you got a ticket for No License and No
14 Insurance. Do you have either of these?
15 MR. BIKLE: I'm sorry, do I have --
16 THE COURT: Either a license or an insurance?
17 MR. BIKLE: Oh, actually I object to that line of
18 inquiry right now because I'm challenging the jurisdiction
19 of the Court.
20 THE COURT: I don't have a problem with that. So do
21 you plan to challenge it on your own or would you like me
22 to refer you to the Public Defenders?
23 MR. BIKLE: I'm ready to go right now.
24 THE COURT: Can't do it now. You can file a motion.
25 MR. BIKLE: I have motions right here. And I've

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1 communicated actually with the Prosecuting Attorneys
2 Office, who communicated to me that they did not initiate
3 prosecution on this citation. And I have two
4 communications from them indicating this matter. I've got
5 them with me. And the fact that the case file lacks the
6 requisite filings, the verified complaint and/or verified
7 information signed off on by the Prosecuting Attorney,
8 which is required by the Hawaii criminal procedure. I

9 have all this laid out. I've got, like I say, it's all in
10 my Motion to Dismiss which challenges the jurisdiction of
11 the Court.
12 As far as my concerns, it looks like the -- one of
13 the court clerks just erred when they initiated a case as,
14 you know, they do not have a license to practice law.
15 It's a separation of powers issue. And, you know, like I
16 said, I communicated with the Prosecuting Attorney's
17 Office and I got my letters to them. And the fact that
18 they've agreed tacitly that there has been no initiation
19 of the prosecution. As I said, I mean, the case law shows
20 that.
21 THE COURT: Hang on. You had planned to dismiss
22 these charges at this point, Mr. Smith?
23 MR. SMITH: No, Your Honor.
24 THE COURT: Evidently they don't. Hang on, Mr.
25 Bikle. I understand you have all the motions, but did you

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1 file any of them?
2 MR. BIKLE: The thing is they haven't initiated
3 prosecution so --
4 THE COURT: Mr. Bikle, real easy question. Real
5 easy question --
6 MR. BIKLE: A comes before B.
7 THE COURT: Okay, so I will take that then as you
8 did not file anything?

9 MR. BIKLE: I have them right here and A comes
10 before B, this is process. This is irregular process.
11 They haven't filed anything. He has a superior, that's
12 who my letters were addressed to. So he hasn't been in
13 communication with that superior evidently or he would
14 already know this.
15 So you have a superior; do you not?
16 THE COURT: Mr. Bikle. Mr. Bikle, talk to me. Not
17 him. Talk to me.
18 MR. BIKLE: Okay.
19 THE COURT: I'm not going to dismiss it at this
20 point. I don't have a problem hearing your matter. I'm
21 not going to hear it now because I believe you have a
22 right to file it. I believe the State has a right to look
23 at it and decide what they want to do with it. And I
24 believe that I have an opportunity to look at it because
25 I'm not going to make a ruling just based on something

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1 when you come in and say, "Hey, you know what, I want this
2 dismissed right now because none of this stuff should go."
3 MR. BIKLE: Do you have my case file in front you?
4 THE COURT: I do not.
5 MR. BIKLE: So how do you know what charges I've
6 been charged with?
7 THE COURT: Well from what I see on my calendar
8 you're charged with a No License and No Insurance.

9 MR. BIKLE: Okay. So --
10 THE COURT: Am I mistaken?
11 MR. BIKLE: No. The thing is, the computer is not
12 the Prosecuting Attorneys Office, the court clerk is
13 not --
14 THE COURT: This is not generated by a court clerk.
15 It was generated, if you really want to know, probably by
16 a policeman.
17 MR. BIKLE: Yes, and he is also not licensed to
18 represent the State of Hawaii.
19 THE COURT: There is a statute that allows him to do
20 that. I'll be more than glad to look at what you got, but
21 I'm not going to do it today. That's the bottom line. I
22 want to give you an opportunity, but today is not that
23 day.
24 MR. BIKLE: The jurisdiction the Court has
25 challenged, that has to be addressed before the Court can

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1 proceed.
2 THE COURT: Mr. -- Mr. Bikle --
3 MR. BIKLE: So how would you like to handle this if
4 you're not going to deal with that right now? Would you
5 like to schedule another date?
6 THE COURT: Exactly.
7 MR. BIKLE: I'm not trying to be difficult here.
8 THE COURT: I hear you.

9 MR. BIKLE: I'm sleep deprived and --
10 THE COURT: Mr. Bikle. Mr. Bikle, hang on. Hang
11 on.
12 MR. BIKLE: Sure.
13 THE COURT: That's exactly what I want to do.
14 MR. BIKLE: Okay.
15 THE COURT: I thought -- I thought, and I apologize,
16 my communications to you were to --
17 MR. BIKLE: No, I'm sleep deprived. I have --
18 THE COURT: Well I want to get you out of here.
19 MR. BIKLE: -- health issues so.
20 THE COURT: I want to get you out of here, give you
21 a chance to get your sleep. Give you time to get all this
22 stuff ready. Gives me a time to read what you filed. Give
23 the State a time to response. Then we can come back and
24 make this a really productive meeting.
25 MR. BIKLE: Sure.

7
1 THE COURT: Instead of being lost.
2 MR. BIKLE: Would it be possible though to have a
3 Motion for a Bill of Particulars on this? Since the file
4 that I've been given, and the case file completely lacks
5 what I need to make a proper pleading and prepare a
6 defense.
7 THE COURT: Mr. Bikle, there's a probability of any
8 kind of motion being granted at this point. But not now,

9 until you file that motion. And I know why you seeking a
10 bill of particulars, I going be really honest and this may
11 sound strange, but I think the particulars are that you're
12 being charged with No License and No Insurance. That's
13 it. I don't know what else you want. So until you file
14 something, and tell --
15 MR. BIKLE: Well I can file it.
16 THE COURT: Great.
17 MR. BIKLE: Do you have somebody here in court that
18 I can file it with here? Or do you want me to hang out at
19 a traffic window?
20 THE COURT: I want you to file it downstairs. I
21 want you to send the Prosecutors a copy. I'm going to
22 give you a deadline to do it by. So you can get all your
23 paperwork squared away and get it done. Then that way the
24 prosecutors will have a chance to look at it and respond
25 to it. Then I will have a chance to read your paperwork,

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1 I will have a chance to read their paperwork. And then
2 I'll have an opportunity to make a very knowing and
3 intelligent response.
4 MR. BIKLE: Sure thing. And so will time for --
5 valid service on my part be incorporated into the time
6 that you're going to --
7 THE COURT: Absolutely. I mean, why not. How much
8 time do you need?

9 MR. BIKLE: Let's see, I think I can get everything
10 in the mail by Saturday through -- Saturday, Monday or
11 Tuesday.
12 THE COURT: Okay. Let me back up a step if I may.
13 You may have -- you have a right to an attorney. If you'd
14 like I could refer you to the Public Defenders. If you
15 want that opportunity then I'll gladly give you that. If
16 you don't, I'm going to have to do a couple of things. I
17 got to make sure that you're waiving their representation.
18 Because if you file the motion, I'm not going to let you
19 refile it again at another date should your motions not be
20 successful. So I want to give you as much opportunity to
21 get whatever you want and figure out what you want to do.
22 If you decide you do not want their help after talking to
23 them, you can always say, "Hey, I don't want your help any
24 more." And they'll get out and you'll be on your own.
25 MR. BIKLE: I would like time to contemplate whether

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1 or not I would like the assistance of counsel. Simply --
2 THE COURT: I don't have a problem with that.
3 MR. BIKLE: Okay.
4 THE COURT: So what I'd like to do also then is I
5 don't want to set a deadline for you to file things.
6 Because I going be honest, if you decide to file -- if you
7 decide to have them help you, and then you decide to file
8 something, I think it's better to give them an opportunity

9 to look and see what you're filing. Because then they can
10 help you figure it out. Maybe it needs to be different
11 case law has to be put on there, maybe some things got to
12 be changed. Give them an opportunity to help you out in
13 that fashion.
14 If you file it now, and then we start moving forward
15 without them really getting on, what happens is they end
16 up playing catch up and I end up having to continue it
17 anyway so they get an opportunity to get all the
18 paperwork, because they won't have it, and try and talk to
19 you also.
20 MR. BIKLE: Alright. I'm going to go ahead and
21 waive having any assistance of counsel. That way we can
22 set the deadlines because I'd like to get this --
23 THE COURT: I have a form I'd like you to fill out
24 then. I have a form that says you don't want an attorney,
25 you understand the charges against you, you understand

10
1 that the State must prove each and every element of these
2 charges beyond a reasonable doubt for you.
3 MR. BIKLE: My problem with that is it's waiving the
4 issue of jurisdiction if I'm going to acknowledge that the
5 State has initiated prosecution.
6 THE COURT: I hear you, Mr. Bikle. If you don't
7 want to do that, what's going to happen is I'm going to
8 just refer you to the Public Defenders. I'm not going to

9 do anything. Because I have to give you certain rights.
10 MR. BIKLE: I understand. I understand you're
11 obligated to do that.
12 THE COURT: Right. And then I'm going to end up
13 making you do that couple of times before I then say
14 you've waived your right to counsel. All I'm trying to
15 do --
16 MR. BIKLE: That's fine. I just would like to have
17 certain deadlines --
18 THE COURT: I have no problem with that.
19 MR. BIKLE: -- I can go by and I'm not ready to --
20 it's possible I might get some help. I'm not trying to be
21 arrogant but I've put about --
22 THE COURT: Mr. Bikle.
23 MR. BIKLE: -- years of research into this line of
24 law so.
25 THE COURT: I don't have a problem, Mr. Bikle. I

11
1 going be honest, the Public Defenders might be interested
2 in the research that you did. Might be able to help other
3 people, we'll see. But -- well whether or not you want to
4 share that, that's totally up to you.
5 But so let me refer you to them. I'm going to give
6 you another date to come back. I'm not going to give any
7 deadlines. I just going give you a date to come back.
8 When you come back on that date we'll see where you're at.
9 MR. BIKLE: Come back for an actual hearing as to
10 whether or not I'm -- or come back to file?
11 THE COURT: You know, it will be just to come back
12 to see whether or not you want their help. Do you want to
13 file your motions? Like I said, I cannot --
14 MR. BIKLE: Yeah, I would like to file them. I
15 mean, that's the thing.
16 THE COURT: Okay. I'm going to tell you that --
17 give you a heads up, that I don't have a problem with it,
18 I'll give you deadlines and everything else. But like I
19 said, I may end up continuing it later on for the Public
20 Defenders to get in or get out. I going have to make that
21 determination if you're not willing to fill out the
22 paperwork.
23 MR. BIKLE: It's not that I'm not willing. It's
24 that I don't want to waive that argument that I'm making
25 right now so --

12
1 THE COURT: Mr. Bikle --
2 MR. BIKLE: If you had to do that later, then so be
3 it. I'm not trying to be difficult. It's just as far as
4 my rights go and trying to get things taken cared of and
5 squared away.
6 THE COURT: Let's do it this way then, Mr. Bikle,
7 I'll bring you back to Court here, I'm going to make it on
8 January 24, 2017, and that will be at 8:30 in the morning.

9 I'm going to refer you to the Public Defenders
10 Office. You can fill out one of the applications, give it
11 -- we'll give you a notice, Mr. Bikle. We'll print
12 something out. So fill out one of the applications for
13 the Public Defenders Office, call them in seven to ten
14 days.
15 I'll also order that -- you want to file your
16 motions; right?
17 MR. BIKLE: Yes, I do.
18 THE COURT: Okay. So you file your motions no later
19 than January 3, 2017. And the State will have to respond
20 to your motions no later than January 17, 2017. And then
21 when you come back on the 24th I should have the motions
22 and the responses and had an opportunity to review them.
23 MR. BIKLE: Okay. I appreciate that.
24 THE COURT: Not a problem.
25 MR. BIKLE: Sorry if it was a little difficult at

13
1 first. Like I said, I'm a bit sleep deprived here.
2 THE COURT: Not a problem. We'll see you then, Mr.
3 Bikle.
4 MR. BIKLE: Okay. Thank you for your time.
5 THE COURT: You're welcome.
6 (9:03 a.m.)
7 --oOo--
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1 STATE OF HAWAII )
2 COUNTY OF HAWAII )
3 ______________________________)
6 I, AUDREY TANOUYE, CSR 225, an Official
7 Court reporter for the Third Circuit Court, State
8 of Hawaii, hereby certify that the foregoing

9 was transcribed to the best of my ability from the
10 proceedings recorded by FTR for the above-entitled cause.
11
12
13 Dated this 16th day of July, 2018.
14
15 OFFICIAL COURT REPORTER
16
17
18 /s/ Audrey S. Tanouye

AUDREY S. TANOUYE, CSR 225
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20
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24
25

1
1 IN THE DISTRICT COURT OF THE THIRD CIRCUIT

2 STATE OF HAWAII
3 ________________________
STATE OF HAWAII, )
4 )
)
5 vs. )
)
6 PHILIP BIKLE, )
)
7 Defendant. )
________________________)
8
9 WRITTEN TRANSCRIPT OF VIDEOTAPED PROCEEDINGS

10 held in connection with the above-entitled cause
11 before the Honorable Harry P. N. Freitas, District
12 Family Court Judge, presiding on the 4th day of

13 January, 2018.
14 APPEARANCES:
15 CHRISTOPHER P. SCHLUETER, AAL For the State

Deputy Prosecuting Attorney
16
17
MR. PHILIP BIKLE Defendant, Pro Se
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19
20 TRANSCRIBED BY: Geraldine L. Saffery, CSR 328, RPR

21 Official Court Reporter
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2
1 JANUARY 4, 2018, COURTROOM 2C, LOG NO. 2:19:53 P.M.

2 ---o0o---
3 THE CLERK: Recalling at No. 1 on our North and
4 South Hilo Traffic Calendar, also No. 2 on our Puna 1400

5 Traffic Calendar for Philip Bikle.
6 MR. SCHLUETER: Good afternoon, Judge. Deputy

7 Prosecuting Attorney Chris Schlueter reappearing on behalf
8 of State.
9 THE COURT: Philip Bikle?

10 Court notes no --
11 THE CLERK: He's a --
12 THE COURT: -- response.

13 THE CLERK: He's approaching, Judge.
14 THE COURT: What?
15 THE CLERK: He's approaching.

16 THE COURT: Oh. I'm sorry.
17 He's on this calendar and which other one?

18 THE CLERK: He's on the 1330 Hilo, No. 1 and
19 then No. 2 on our 1400 Puna.
20 THE COURT: Good afternoon, sir. Is your name

21 Philip Bikle?
22 MR. BIKLE: Yes.
23 THE COURT: You have any idea where we at on

24 this one, Mr. Schlueter? I see some comments about it
25 pending an appeal.
3
1 MR. SCHLUETER: That's my understanding as well.

2 Um, in June, uh, the case was stricken, placed
3 on today's calendar to, uh, discuss the pending appeal.
4 And I don't have any documents in my file to

5 indicate the defendant has filed a -- any appeal.
6 THE COURT: Mr. Bikle, so what's going on with

7 this?
8 MR. BIKLE: Which case are we talking about?
9 THE COURT: Either one. Which one you wanna

10 talk about?
11 MR. BIKLE: The, uh, infraction is still pending
12 in the Intermediate Court of Appeals, and the uh, criminal

13 case was dismissed due to lack of jurisdiction.
14 THE COURT: Which criminal case you talking
15 about?
16 MR. BIKLE: The only one that should be on the
17 docket for me. 3DTC-16-005744.

18 THE COURT: You saying that was dismissed?
19 MR. BIKLE: The ICA dismissed my appeal sending
20 it back down. And I have a writ of mandate right here

21 that I'd like to provide to you because I don't know of,
22 uh, any --
23 THE COURT: I'm gonna ask you to --

24 MR. BIKLE: -- correct means --
25 THE COURT: -- stand when you talk to the Court,

4
1 Mr. Bikle, if you don't mind?

2 MR. BIKLE: I have the ADA on file on record
3 from the very first day that I saw you and it continues --
4 THE COURT: What's wrong --

5 MR. BIKLE: -- as --
6 THE COURT: -- with you? I mean you can't

7 stand?
8 MR. BIKLE: I can stand. But my hamstrings have
9 been injured for the past sixteen years. I tore them and
10 I have a lot of scar tissue in a high proximal --
11 THE COURT: That's fine, Mr. Bikle.
12 MR. BIKLE: -- hamstring that --

13 THE COURT: I -- I --
14 MR. BIKLE: -- are -- (indiscernible) --
15 THE COURT: -- just wanted to make sure I had a

16 reason why you -- you were not standing 'cause --
17 MR. BIKLE: I --
18 THE COURT: -- as --
19 MR. BIKLE: -- I actually slouch like this, too,
20 because otherwise I'm sitting on the injury. It's right

21 on the sit bone.
22 THE COURT: Okay. I don't have anything. Um,
23 do you have something showing that the ICA dismissed

24 your -- so the other -- the tickets I think you're talking
25 about are the, uh, driver's license and the no insurance.

5
1 MR. BIKLE: That's the 3DTC-16005744 case.

2 Correct?
3 THE COURT: Yes.
4 You have anything from them showing that it got,

5 um, sent back?
6 MR. BIKLE: I didn't bring that. I thought -- I

7 thought that was incumbent on the prosecution to, uh,
8 follow up on that.
9 THE COURT: You filed it.

10 MR. BIKLE: I filed it but they're the ones that
11 are suppose to be prosecuting.
12 THE COURT: Right. But it's still your game --

13 MR. BIKLE: Well --
14 THE COURT: -- because of the --
15 MR. BIKLE: -- you could take my --

16 THE COURT: -- the appeal.
17 MR. BIKLE: -- word they dismissed it and they

18 brought it back down here or you --
19 THE COURT: Okay. I didn't get it is the bottom
20 line. I have nothing that shows me where it went or what

21 happened or any of that other stuff.
22 MR. BIKLE: Okay.
23 THE COURT: So basically what I'm -- what I'm --

24 I'm kinna inclined to do is just continue it a little bit
25 longer.
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1 What's hap -- and you said the other one, the

2 one regarding all the infractions --
3 MR. BIKLE: Yes.
4 THE COURT: -- you're saying that one --

5 MR. BIKLE: Is still --
6 THE COURT: -- there was no decision on that

7 yet.
8 MR. BIKLE: It's still sitting there in the ICA,
9 correct.
10 THE COURT: I would think you -- well let me
11 ask, would you like to wait until we get that one back
12 because they're all out of the same incident? Right?

13 MR. BIKLE: That would actually make life a lot
14 easier on me with the leg issues that I've got and --
15 THE COURT: I think --

16 MR. BIKLE: -- other --
17 THE COURT: -- it makes --

18 MR. BIKLE: -- chronic issues.
19 THE COURT: -- a lot of sense but I -- I'm --
20 MR. BIKLE: Well -- (Indiscernible.)

21 THE COURT: -- gonna --
22 MR. BIKLE: -- that's --
23 THE COURT: -- ask you --

24 MR. BIKLE: -- that's why I asked the last time
25 I came in for a status of appeal in November to pair these

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1 up, to, uh, have -- continue --

2 THE COURT: Thank you.
3 MR. BIKLE: -- these status of appeal hearings,
4 uh, together.
5 So if you would like to do that, we can do that.
6 As -- as I said I do have a, uh, writ of mandate

7 that I'm required to give to you before I file with the
8 Hawaií Supreme Court, so I'd like to do that.
9 And I did inquire with the, uh, traffic court

10 clerks as to who would be considered the senior judge here
11 since you guys have kind of a, um, I don't know, a musical
12 chairs going on, it's difficult to know who the senior

13 judge would be considered, and they didn't have a clear
14 answer either, so, um, otherwise I would have served this
15 with them. Because there's about fifteen of you all, I

16 think. Ten? Was it fifteen? And that's a lot of, uh,
17 paper for me to, uh, be printing as an indigent.

18 So is it -- is it possible you can provide, um,
19 information to me so that I can maybe use the JEFS system
20 and electronically serve the rest of the judges?

21 THE COURT: I -- I can't give you that
22 information. You can go downstairs and try and talk to
23 the clerks about it. But I -- I -- I can't give you, um,

24 a way how to file it electronically.
25 MR. BIKLE: I know how to file electronically.

8
1 It's just their contact information within the JEFS system

2 to be able to send it to them, um, as I been doing with
3 the prosecution in the ICA case. Um, uh, what's her name?
4 Um, BreeAnn Larios. She's on the ICA case so she's being

5 able to access all of those files. And I presumed the
6 judges also had access to that system and were

7 incorporated and basically could make life easy so I don't
8 have to print --
9 THE COURT: Let -- let me --

10 MR. BIKLE: -- a thousand pages.
11 THE COURT: Let me ask you this, you know, when
12 I look at this looks like there was never any sort of --

13 well I guess you did a motion to dismiss and looks like
14 Judge Udovic de -- denied your motion.
15 MR. BIKLE: Yes. And I actually, uh, filed a

16 motion to recuse after that because he had indicated on
17 the record that he had read the motion in its entirety and
18 then later in that same hearing he inadvertently revealed
19 that he actually hadn't read it at all because there were
20 references throughout that motion relating to, uh, pieces

21 of evidence that I asked him about and he said he didn't
22 have that evidence and, uh, that evidence was actually
23 physically stapled to the motion to dismiss and

24 referenced.
25 THE COURT: When did --

9
1 MR. BIKLE: And --

2 THE COURT: -- you file that, uh, request to
3 recuse him?
4 MR. BIKLE: That was filed in the, uh,

5 infraction side case.
6 THE COURT: Okay.

7 MR. BIKLE: And I didn't file one on the
8 criminal side because he passed upon his own, uh, recusal
9 there rather than having a separate judge review it for an

10 evaluation, uh, prejudice and bias.
11 THE COURT: Can you tell me when you filed that
12 then, the recusal one?

13 MR. BIKLE: Uh, the date of the recusal -- give
14 me a second. I think I have it.

16 MR. BIKLE: (Indiscernibly speaking.)
17 THE COURT: I'm just trying to find it in all of

18 this.
19 MR. BIKLE: I know it's listed on the, uh, the
20 online system.
21 THE COURT: Yeah, 'cause when I -- I --
22 MR. BIKLE: Motion --
23 THE COURT: -- read through --

24 MR. BIKLE: -- to recuse. So let's see, it
25 would have been filed March 28th, 2017 is when it's

10
1 stamped. And I have a official copy here if you'd like to

2 see it.
3 THE COURT: No, I -- I -- March when?
4 MR. BIKLE: March 28th.

5 THE COURT: March --
6 MR. BIKLE: 2000 --

7 THE COURT: -- 28th.
8 MR. BIKLE: -- 17, and it was filed in the
9 case --
10 THE COURT: Okay.
11 MR. BIKLE: -- 3DTI-16-016896.
12 THE COURT: I -- I'm under the impression then

13 that request to recuse was denied --
14 MR. BIKLE: That's --
15 THE COURT: -- because Judge Udovic had the

16 hearing two days after that.
17 MR. BIKLE: That's correct.

18 THE COURT: Okay. I just wanted to make sure I
19 have it all lined up here.
20 You never went to trial or anything then on the

21 license and no insurance?
22 MR. BIKLE: He set a date for trial without even
23 arraigning me, so that's part of what's going in the writ

24 of mandate.
25 And, you know, with -- he failed to arraign me

11
1 and the events in which these, uh, alleged violations

2 occurred was November 16, 2016, so it's --
3 (indiscernible) --
4 THE COURT: Right.

5 MR. BIKLE: -- uh, well over a year since I
6 should have been, uh, properly served with the, uh,

7 summons and complaint, and also, uh, arraigned. And
8 the -- what is curious as to what the time would be, uh,
9 if we were looking at the time tolling, considering

10 tolling requires --
11 THE COURT: Well once you filed your motion to
12 dismiss that would have tolled everything.

13 MR. BIKLE: Well what I'm concerned with is
14 the -- from the beginning, where -- where do things start?
15 THE COURT: Where does what start? The tolling?

16 MR. BIKLE: The alleged initiation of
17 prosecution?
18 THE COURT: It usually starts from the -- your
19 appearance in court.
20 But let me ask this then, you -- I mean you

21 wanna arraign him, Mr. Schlueter?
22 I'm not sure. Did anyone even refer you to the
23 Public Defenders?
24 MR. BIKLE: Uh --
25 THE COURT: Looks like you just --

12
1 MR. BIKLE: -- the day I --

2 THE COURT: -- came in --
3 MR. BIKLE: -- came in --
4 THE COURT: -- and you made -- looks like you

5 made your oral motion to dismiss all the way back -- looks
6 like the first date you came back.

7 MR. BIKLE: On the 15th of December.
8 THE COURT: Yeah.
9 MR. BIKLE: I made the oral motion and you made

10 a, uh, referral to the Public Defender --
11 THE COURT: And you never --
12 MR. BIKLE: -- which --

13 THE COURT: -- went.
14 MR. BIKLE: -- I declined.
15 THE COURT: You never --

16 MR. BIKLE: I --
17 THE COURT: -- went?

18 MR. BIKLE: -- declined. Yes, I declined and I
19 declined the waiver, um --
20 THE COURT: And you refu --

21 MR. BIKLE: -- because I --
22 THE COURT: -- you --
23 MR. BIKLE: -- wanted to --

24 THE COURT: -- you --
25 MR. BIKLE: -- challenge jurisdiction.

13
1 THE COURT: You wouldn't sign the waiver of

2 attorneys?
3 MR. BIKLE: I would not waive the, um, option of
4 challenging jurisdiction, correct.

5 THE COURT: I'm -- okay. I'm not -- I'll -- not
6 discussing your waiver of challenging jurisdic --

7 jurisdiction.
8 MR. BIKLE: If I take away --
9 THE COURT: I'm asking whether or not you signed

10 the form, um, waiving your right to counsel?
11 MR. BIKLE: I did not sign that, no.
12 THE COURT: Do you -- would -- are you willing

13 to sign that?
14 MR. BIKLE: That's something that would
15 interfere with my ability to challenge jurisdiction.

16 THE COURT: Okay.
17 Then I'm gonna do this at this point, I'll note

18 that you were referred to the Public Defenders back in
19 December of 2016. At that time you expressed your want or
20 your desire not to have representation by the Public

21 Defenders and you are not willing to fill out the waiver
22 of counsel form. Is that -- we okay with that
23 representation?
24 MR. BIKLE: That sounds correct.
25 THE COURT: Okay.

14
1 And then today as we sit here today you still do

2 not want help from the Public Defenders. Is that correct?
3 MR. BIKLE: That's correct.
4 THE COURT: Okay.

5 Then at this time I'll find that you have waived
6 your right to counsel in these proceedings.

7 Um, I'm just trying to figure out how we get
8 this stuff together. That -- the problem I see is you --
9 you went through a hearing on the -- the matters -- the

10 infractions but nothing occurred on the, um, the license
11 and the no insurance.
12 MR. BIKLE: I'm not sure what you mean by a

13 hearing for --
14 THE COURT: You had a --
15 MR. BIKLE: -- the --

16 THE COURT: -- hearing --
17 MR. BIKLE: -- infractions.

18 THE COURT: -- on May 3rd -- on March 30th --
19 MR. BIKLE: A motion to --
20 THE COURT: -- 2000 --

21 MR. BIKLE: -- suppress --
22 THE COURT: -- 17.
23 MR. BIKLE: -- hearing?

24 THE COURT: You had a hearing looks like with
25 Judge Udovic.
15
1 MR. BIKLE: Yeah.

2 THE COURT: Where the officers took the stand
3 and all of that --
4 MR. BIKLE: Yeah, a motion --

5 THE COURT: -- other stuff.
6 MR. BIKLE: -- to suppress hearing.

7 THE COURT: And looks like he made a ruling.
8 MR. BIKLE: Yes.
9 THE COURT: Um --
10 MR. BIKLE: But again the infraction, uh, case
11 is still sitting in the ICA so --
12 THE COURT: Right.

13 MR. BIKLE: -- uh, I don't know that that's
14 anything we need to concern ourselves with.
15 THE COURT: No. What I'm telling --

16 MR. BIKLE: (Overlapping -- indiscernible.)
17 THE COURT: -- you is because that one's still

18 up there and the other one is back down we gotta figure
19 out what we're gonna do with that.
20 You have any comment, Mr. Schlueter?

21 MR. SCHLUETER: State would re -- request a
22 status hearing in two to three months and to see if the
23 ICA --
24 THE COURT: Do you want --
25 MR. SCHLUETER: -- makes a --

16
1 THE COURT: -- to wait --

2 MR. SCHLUETER: -- it's remanded.
3 THE COURT: -- on this other one to come down,
4 Mr. Bikle, or do you wanna go forward on your trial on

5 the -- on the license and insurance?
6 MR. BIKLE: Uh --
7 THE COURT: I going tell you why I'm asking. I
8 -- I --
9 MR. BIKLE: Yes.

10 THE COURT: -- don't want you to think I'm
11 trying to hide the ball or do anything else to you.
12 Bottom line is I -- I notice you expressing your rights

13 that you need the trial in so many months and all of these
14 other things. I'm trying to give you that.
15 So if you want that right, I gotta set this for

16 trial. If you don't want that right or you willing to see
17 what happens on the other one, you willing to waive the

18 time, then I'll just waive the time and wait to see what
19 happens on the other one.
20 Totally up to you.
21 MR. BIKLE: Um, I'm not willing to waive, uh --
22 THE COURT: Okay.
23 MR. BIKLE: -- an arraignment. And I do think

24 that, uh, possibly the most effective -- the time
25 efficient thing for everybody involved would be to, uh,

17
1 schedule another status of appeal hearing --

2 THE COURT: I'm not --
3 MR. BIKLE: -- for the --
4 THE COURT: -- gonna schedule --

5 MR. BIKLE: -- other one --
6 THE COURT: -- any status --

7 MR. BIKLE: And if it --
8 THE COURT: -- if you're not willing to waive
9 your right to have a trial within 180 days. If you not

10 willing to waive that right, but you still want me to kick
11 it down three months down the road, that makes no sense
12 because what I'd be doing is violating your --

13 MR. BIKLE: That's fine.
14 THE COURT: -- constitutional --
15 MR. BIKLE: I mean I'm not gonna waive the right

16 to the trial within so many days.
17 THE COURT: Which is fine.

18 MR. BIKLE: In fact --
19 THE COURT: I going just set it for trial that's
20 why.
21 MR. BIKLE: Well I haven't been arraigned so
22 I -- (indiscernible) --
23 THE COURT: We can take --

24 MR. BIKLE: -- don't know --
25 THE COURT: -- care of that --

18
1 MR. BIKLE: -- (overlap -- indiscernible.)

2 THE COURT: -- really quick.
3 MR. BIKLE: -- (overlap -- indiscernible) Judge
4 Udovic, as that's something that I can --

6 MR. BIKLE: -- (Overlap -- Indiscernible.)

7 THE COURT: You wanna arraign him,
8 Mr. Schlueter?
9 MR. SCHLUETER: Sure. One second, Judge.

10 MR. BIKLE: This is, uh, something that I
11 believe requires a written --
12 THE COURT: No, it doesn't.

13 MR. SCHLUETER: I can --
14 THE COURT: You have --
15 MR. SCHLUETER: -- orally --

16 THE COURT: -- a --
17 MR. SCHLUETER: -- arraign --

18 THE COURT: -- citation.
19 MR. SCHLUETER: -- him.
20 THE COURT: The citation serves as a complaint.

21 You can be charged by citation.
22 The only times they need to file it is because
23 if they tend to amend it. I don't believe they're

24 intending to amend it, so the citation is sufficient.
25 MR. BIKLE: The --

19
1 THE COURT: But you can file any motion you want
2 alleging that it's not. Or I should ask, 'cause this
3 is -- I haven't seen this in a very long time, did you
4 file such a motion?

5 MR. BIKLE: I filed a motion to dismiss based on
6 the grounds that the police officer is not a prosecuting

7 officer --
8 THE COURT: Is that the one --
9 MR. BIKLE: -- which is well established --

10 THE COURT: -- that got appealed and got kicked
11 back down?
12 MR. BIKLE: Pardon?

13 THE COURT: Is that part of your appeal that got
14 dismissed and kicked back down?
15 MR. BIKLE: It is, however, the appeal was

16 dismissed based on the lack of jurisdiction as an
17 interlocutory appeal. I did not know at that point in

18 time that interlocutory appeals were suppose to go
19 straight to the Supreme Court and, uh, as a result of
20 that, and the fact that the case that, uh, this relied
21 upon, uh, Baranca [phonetic], I had to locate that and
22 once I located it it was too late, I had already made my
23 filings with the ICA.

24 THE COURT: Okay.
25 MR. BIKLE: And the ICA didn't even review the,

20
1 uh, merits of any of the arguments or the evidence that I

2 had provided them with. They strictly looked at did they
3 have jurisdiction.
4 THE COURT: Right.

5 MR. BIKLE: They said no and they kicked it back
6 down.
7 THE COURT: Okay.
8 MR. BIKLE: So that stuff is going in a writ of
9 mandate which I said I'm gonna give to you --

10 THE COURT: Don't have a --
11 MR. BIKLE: -- and the others.
12 THE COURT: -- problem with that.

13 You wanna arraign him or what do you wanna do,
14 Mr. Schlueter, 'cause he's not gonna waive his time.
15 MR. SCHLUETER: I can arraign him, Judge.

16 On --
17 THE COURT: Okay.

18 MR. SCHLUETER: On or about November 11th, 2016,
19 uh, Phil Bikle operated -- I mean in Puna, County and
20 State of Hawaiì, Phil Bikle operated a -- or --

21 THE COURT: I wanna see the ticket.
22 MR. SCHLUETER: -- knowingly, intelligently, or
23 voluntarily failed to opt -- uh -- failed to operate a

24 vehicle with a proper license under, uh, 286-102, in
25 violation of statute.
21
1 And one second.

2 On or about November 11th, 2016, uh, Phil Bikle,
3 in Puni and Count -- Puna, County and State of Hawaiì, um,
4 opt -- uh -- knowingly, intelligent, or voluntarily, uh,

5 operated a vehicle without motor vehicle insurance in
6 violation of Chapter 431:10C-104, in a violation of the

7 statute.
8 THE COURT: Okay, Mr. Bikle, your plea to that
9 charge?
10 MR. BIKLE: Um, I would like to have that in a
11 common vernacular without any --
12 THE COURT: You'd like --

13 MR. BIKLE: -- technical -- (indecipherable) --
14 THE COURT: -- to have what?
15 MR. BIKLE: I would like to have that in the

16 common vernacular rather than a --
17 THE COURT: Which part of it --

18 MR. BIKLE: -- (indiscernible) --
19 THE COURT: -- didn't you understand?
20 MR. BIKLE: The parts that may or may not have

21 had legal terms in there.
22 THE COURT: You -- you lost me.
23 He's basically charging you with driving without

24 a license on November 11th, 2016, and driving without
25 insurance November 11, 2016. You don't understand that?

22
1 MR. BIKLE: I don't understand any legal terms

2 that he may or may not have used. I would like them in a
3 common vernacular which is a right that I have so that I
4 can fully understand the alleged charges before me and

5 knowingly make --
6 THE COURT: Which part of -- Which part of it

7 don't you understand? That's what I'm trying to figure
8 out. 'Cause when your response is, "he may or may not
9 have used any legal terms", what that basically means is,
10 "Everything he said I don't understand. So what I want --
11 MR. BIKLE: I mean we're --
12 THE COURT: -- is for him" --

13 MR. BIKLE: -- in a court of law.
14 THE COURT: Hear -- hear me out.
15 MR. BIKLE: Okay.

16 THE COURT: "So what I want is for him to speak
17 common language which may or may not be legal language, so

18 may or not -- I might not understand." So pretty much
19 it's just, "I don't understand." So I'm trying to figure
20 out which part don't you understand?

21 MR. BIKLE: Well if I could have the charges in
22 front of me written it would make a lot easier since I
23 have --
24 THE COURT: They're on --
25 MR. BIKLE: -- some sleeping --

23
1 THE COURT: -- the citation.

2 MR. BIKLE: -- problems.
3 THE COURT: Take a look. You have a copy of
4 your citation?
5 MR. BIKLE: The citation does not have them in
6 common vernacular and it does not have a statement.

7 THE COURT: Which part of the citation don't you
8 understand that's not in common vernacular?
9 MR. BIKLE: I don't understand -- I -- I would

10 like them to clarify which elements of the charges are
11 legal terms. Let's put it that way.
12 THE COURT: You know, they don't have to do

13 that. That's the part where I asked you -- hear -- hear
14 me out. That's the part where I ask you whether or not
15 you want an attorney. And then when you say, "I don't
16 want an attorney, I wanna do this self [sic] on my own
17 because I know what I'm doing, I know all the elements, I

18 know how to defend all of this stuff, and I know how to do
19 all of those things", after you make that statement you
20 cannot then turn around and say, "Whoa, wait a minute, I

21 don't understand this stuff." That's why I try and give
22 you one attorney for the attorney to help you with that.
23 So let me ask you would -- do you want to try --

24 you -- would you like an attorney now? 'Cause if you do,
25 I'll withdraw my earlier ruling and give you that

24
1 opportunity. I wanna make sure you understand what's

2 going on.
3 MR. BIKLE: I don't want an attorney that is a
4 part of the bar which is openly engaged in a conspiracy to

5 deprive me of my due process rights. I have --
6 THE COURT: Who -- which attorneys --

7 MR. BIKLE: -- according --
8 THE COURT: -- would that be? Is that just all
9 attorneys that are part of the bar?

10 MR. BIKLE: Do you want me to name them on the
11 record?
12 THE COURT: Well I --

13 MR. BIKLE: 'Cause that's --
14 THE COURT: -- I'm --
15 MR. BIKLE: -- gonna go out for the public.

16 I got an audio recording --
17 THE COURT: I don't --

18 MR. BIKLE: -- of one of --
20 MR. BIKLE: -- you -- (overlap --

21 indiscernible) --
22 THE COURT: -- I don't have a problem with that.
23 I -- all I'm -- I'm just trying to give you an attorney.

24 You tell me if you want one, I going give you one.
25 MR. BIKLE: I don't --

25
1 THE COURT: You don't want one --

2 MR. BIKLE: -- want anybody that's a member of
3 the club that's attempting to deprive me of my due
4 process --
5 THE COURT: So -- so you --
6 MR. BIKLE: -- rights --

7 THE COURT: -- don't want any --
8 MR. BIKLE: -- which is well --
9 THE COURT: -- one --

10 MR. BIKLE: -- documented --
11 THE COURT: Hear me out.
12 MR. BIKLE: -- in this writ of mandate.

13 THE COURT: Hear me out.
14 You don't want anyone that's licensed to
15 practice law in the State of Hawaiì?

16 MR. BIKLE: I don't want anyone that's a member
17 of the bar.
18 THE COURT: Okay. So you want --
19 MR. BIKLE: That's a problem.
20 THE COURT: -- someone -- you want someone to

21 represent you that is not licensed to practice law in the
22 State of Hawaiì?
23 MR. BIKLE: I would like to handle my own legal

24 affairs.
25 THE COURT: I don't --

26
1 MR. BIKLE: And I --

2 THE COURT: -- have a --
3 MR. BIKLE: -- would like --
4 THE COURT: -- problem with that. And that's

5 why I already gave you that right and I found that you
6 waived your right to counsel because I referred you over a

7 year ago. You never went. You filed all the paperwork.
8 I tried to send you again. You didn't wanna go. We're
9 talking about it again. You still don't want somebody.

10 So all I'm trying to tell you is you cannot take the
11 position that I don't want anybody's help but I don't
12 understand anything you're saying.

13 MR. BIKLE: My position is laid out in all of
14 the documents that I filed so far which include the fact
15 that I was never given a proper summons and complaint

16 regardless of what is being claimed about a police officer
17 being able to bring charges in the name of the State and

18 the people of the State of Hawaiì.
20 MR. BIKLE: And that's --

21 THE COURT: -- I --
22 MR. BIKLE: -- not allowed.
23 THE COURT: -- understand that.

24 MR. BIKLE: It's not allowed --
25 THE COURT: I understand that.

27
1 MR. BIKLE: -- at all. That did not start the

2 tolling.
3 You've already past the statute of limitations
4 for when he's allowed to arraign me. He -- that -- that

5 was back on the day of the alleged offense --
6 THE COURT: Once you --

7 MR. BIKLE: November --
8 THE COURT: -- you filed your motion to
9 dismiss --
10 MR. BIKLE: I don't initiate anything. They are
11 suppose to initiate --
12 THE COURT: Okay.

13 MR. BIKLE: -- prosecution.
14 THE COURT: Did they file the motion to dismiss
15 or did you?
16 MR. BIKLE: That's irrelevant.
17 THE COURT: No, it's not.

18 MR. BIKLE: They -- They have to --
19 THE COURT: No, it's not.
20 MR. BIKLE: -- initiate --

21 THE COURT: It's not irrelevant.
22 MR. BIKLE: They have to -- A comes before B.
23 THE COURT: Who filed the motion to dismiss?

24 You or them?
25 MR. BIKLE: A comes before B. Initiation of

28
1 prosecution precedes the --

3 MR. BIKLE: -- conferrence --
4 THE COURT: -- I hate to be --

5 MR. BIKLE: -- of jurisdiction --
6 THE COURT: -- rude, sir --

7 MR. BIKLE: -- to the court.
8 THE COURT: -- but I'm not gonna continue to
9 argue with you over this or have this discussion.

10 MR. BIKLE: Well you're just ignoring my
11 statements.
12 THE COURT: No, I'm not.

13 MR. BIKLE: You are ignoring my statements.
14 THE COURT: No. I hear --
15 MR. BIKLE: And you guys --

16 THE COURT: -- I hear what --
17 MR. BIKLE: -- are --

18 THE COURT: -- you're saying.
19 MR. BIKLE: -- cornered on this.
20 THE COURT: You -- Mr. Bikle, you don't like

21 what I'm telling you so you pretty much sticking to your
22 same thing. And I'm trying to do what you want. You
23 wanna get arraigned. I asked him to arraign. He --

24 MR. BIKLE: I would --
25 THE COURT: -- arraigned you.

29
1 MR. BIKLE: -- like to leave here today with a

2 dismissal because, uh, prosecution failed to initiate any
3 charges. They're the only ones authorized in the State of
4 Hawaiì to bring charges.

5 THE COURT: What do you want to do --
6 MR. BIKLE: It be --
7 THE COURT: -- as far as the arraignment,
8 Mr. Bikle? Let's start with that --
9 MR. BIKLE: It's --

10 THE COURT: -- and then I'll go back --
11 MR. BIKLE: -- it's too late.
12 THE COURT: -- to that other part.

13 MR. BIKLE: You guys -- you guys past the
14 statute of limitations.
15 THE COURT: Okay. Then at this time what I'll

16 do is I'll note your representation and the fact that you
17 don't wanna enter a plea as to the arraignment, so at this

18 time the Court's gonna enter your not guilty pleas as to
19 the arraignment --
20 MR. BIKLE: I'm --

21 THE COURT: -- of the charges.
22 MR. BIKLE: I object. I'm inable [sic] to
23 plead.
24 THE COURT: I don't have a problem with --
25 MR. BIKLE: I'll plead.

30
1 THE COURT: -- your objection, Mr. Bikle.

2 MR. BIKLE: Present me with proper charges.
3 THE COURT: I don't have a problem with your
4 objection, Mr. Bikle. You can file whatever motions you

5 feel is appropriate. I'd be more than glad to entertain
6 your motions.
7 And then, um, you have a Rule 48 date that
8 you're aware of, Mr. Schlueter, or how soon you want me
9 set it?
10 MR. SCHLUETER: Um, soon as possible.
11 THE COURT: Okay.
12 MR. BIKLE: What -- what is the -- the time for

13 a trial at this point?
14 THE COURT: You can look it up. You can go --
15 MR. BIKLE: So you guys --

16 THE COURT: -- look it up --
17 MR. BIKLE: -- don't even know.

18 THE COURT: -- up under Rule 48.
19 MR. BIKLE: You don't even know that you're --
20 THE COURT: (Indiscernible.)

21 MR. BIKLE: -- you don't even know that you're
22 performing this within the valid time, are you?
23 THE COURT: You know, I'm well aware of what the

24 rules are, Mr. Bikle. I'm also well aware of the fact
25 that as a judge I cannot give people legal advice. So I

31
1 cannot --
2 MR. BIKLE: You're required to --
3 THE COURT: -- tell you --
4 MR. BIKLE: -- know the amount of time --

5 THE COURT: I do.
6 MR. BIKLE: -- that you have --

7 THE COURT: I do.
8 MR. BIKLE: -- to deal with somebody.
9 THE COURT: I do.

10 MR. BIKLE: So if the amount of time is already
11 tolled, then you can't set a date for me --

13 MR. BIKLE: -- for --
14 THE COURT: -- Mr. Bikle --
15 MR. BIKLE: -- some sort of trial.

16 THE COURT: -- you and I already do not agree as
17 to the motion to dismiss. Is that correct? I even asked

18 you who filed it. You told me doesn't matter. They got
19 a --
20 MR. BIKLE: You know --

21 THE COURT: -- certain time --
22 MR. BIKLE: -- who filed it.
23 THE COURT: -- to do certain things and all that

24 --
25 MR. BIKLE: Look at --

32
1 THE COURT: -- other --

2 MR. BIKLE: -- the file.
3 THE COURT: -- stuff. So hang on.
4 MR. BIKLE: Why would --

5 THE COURT: Hang on.
6 MR. BIKLE: -- the prosecution file?

7 THE COURT: Hang on.
8 So you and I already disagree with that.
9 Correct?
10 MR. BIKLE: I would like to stay at the --
11 THE COURT: I take it --
12 MR. BIKLE: -- topic --

13 THE COURT: -- you're not gonna answer that
14 question then. You just gonna do like you normally been
15 doing --
16 MR. BIKLE: You're --
17 THE COURT: -- and just move to something else.

18 MR. BIKLE: You're talking about tangents.
19 THE COURT: Excuse me?
20 MR. BIKLE: You're talking about tangents.

21 The core central issue is: Do you have
22 jurisdiction? Did they initiate prosecution within the
23 time that they're required to? They did not.

24 And again, I -- you know, I -- I understand at
25 this courthouse I'm just gonna have to go above.

33
1 Everybody at this courthouse does not seem to, uh, care

2 what the legislative acts say in regards to who is
3 mandated with the task, the duty of initiating
4 prosecution. That's their job. The cop does not have a

5 license to practice law. That's required --

7 MR. BIKLE: -- along with --
9 MR. BIKLE: See, you're --

10 THE COURT: -- I don't agree --
11 MR. BIKLE: -- ignoring --
12 THE COURT: -- with --

13 MR. BIKLE: -- me --
14 THE COURT: -- you.
15 Mr. Bikle --
16 MR. BIKLE: You're ignoring me.
17 THE COURT: Excuse me?

18 MR. BIKLE: Right there you're -- you're
19 ignoring me. You're not addressing that.
20 THE COURT: If you'd stop so that I could speak

21 you would hear --
22 MR. BIKLE: And you're gonna go --
23 THE COURT: -- that --

24 MR. BIKLE: -- on a tangent.
25 THE COURT: There you go.

34
1 If you'd stop and hear what I say, the officer

2 has the right to summons you. He does. That is my
3 position. You might not agree with me and I'm perfectly
4 with fine with that, but my ruling is he has the right to

5 summons you to come to court. He has the right to issue
6 these citations. That's why you're here. I am not going

7 off any tangents. I'm being direct with you, sir. I try
8 to ask you direct questions. You choose to go off on the
9 tangents, so --
10 MR. BIKLE: See now you're --
11 THE COURT: -- I'm not --
12 MR. BIKLE: -- flipping it on me.

13 THE COURT: -- going there any -- Mr. Bikle,
14 stop --
15 MR. BIKLE: The rules --

16 THE COURT: -- already. Mr. Bikle, stop.
17 I'm gonna set it for a trial, you can file

18 whatever you want, and then we'll just go from there.
19 So if I do it on -- how soon you want it? You
20 want it like the 25th or the 18th? When do you want it?
21 MR. SCHLUETER: 18 -- 18th is fine.
22 THE COURT: 18th?
23 MR. SCHLUETER: (No record response.)

24 THE COURT: Okay.
25 MR. BIKLE: What --

35
1 THE COURT: So Mr. Bikle, I'll --

2 MR. BIKLE: What is the --
3 THE COURT: -- order you to come back here for
4 your trial on January 18th, 2018, and that'll be at 2:00

5 in the afternoon.
6 MR. BIKLE: I object to this. You guys did not

7 clarify when the time for the final, uh, date of a trial
8 to be, so for all I know you just scheduled a trial
9 without knowing the date that was the final date that you
10 could actually have a trial. And this thing's been
11 delayed for quite some time at this point.

13 MR. BIKLE: It's been delayed tremendously, and
14 not by my request.
15 UNIDENTIFIED SPEAKER: Where's the --

16 (inaudible).
17 THE CLERK: Right here.

19 What you can do, Mr. Bikle, is now you have an
20 exact date. You know the trial is gonna be on --

21 MR. BIKLE: And I don't --
22 THE COURT: Hear me --
23 MR. BIKLE: -- know --

24 THE COURT: -- out --
25 MR. BIKLE: -- when the last --

36
1 THE COURT: -- Mr. Bikle --

2 MR. BIKLE: -- day was --
4 MR. BIKLE: -- that you guys --

5 THE COURT: -- hear me out.
6 MR. BIKLE: -- can do this.

7 THE COURT: You have an exact date. You can
8 file whatever you want because prior to this there was no
9 deadline. Now I made a trial date so now --

10 MR. BIKLE: There is a deadline.
11 THE COURT: -- you have an exact deadline.
12 MR. BIKLE: There's a deadline --

13 THE COURT: You can --
14 MR. BIKLE: -- for them --
15 THE COURT: -- go --
16 MR. BIKLE: -- to --
17 THE COURT: -- through --

18 MR. BIKLE: -- initiate --
19 THE COURT: -- and figure it all out. You can
20 file a motion, I don't have a problem with that, showing

21 me that it's outside of their right to have the hearing or
22 the trial. And if you do that and you win, awesome, I
23 rule in your favor. If you do that and you lose, then we

24 go to trial.
25 MR. BIKLE: You guys don't even bother with

37
1 reading my motions. I have Judge Udovic -- you guys are

2 just angry because I had a YouTube video go viral with
3 Udovic caught lying on the stand and with him entering
4 objections.
6 MR. BIKLE: And here you are --

7 THE COURT: -- I'm --
8 MR. BIKLE: -- completely --
9 THE COURT: -- I'm not --

10 MR. BIKLE: -- ignoring the same issues.
11 THE COURT: Mr. Bikle, I'm gonna discuss
12 Mister --
13 MR. BIKLE: You don't --
14 THE COURT: -- Udov --
15 MR. BIKLE: -- have to.

16 THE COURT: -- Judge Udovic's --
17 MR. BIKLE: I'm -- I'm gonna allow -- I like to

18 go on the record, the public record, too, everybody can
19 hear it.
20 THE COURT: I -- I don't have a --

21 MR. BIKLE: I had --
22 THE COURT: -- problem with that.
23 MR. BIKLE: -- over a hundred -- almost 150,000

24 hits. You guys had that whole channel pulled. I know --

38
1 MR. BIKLE: -- you guys did.

2 THE COURT: -- your matter's done. I'm gonna
3 ask you to leave --
4 MR. BIKLE: Yeah. Whatever.

5 THE COURT: -- come back on January 18th, 2018,
6 at 2:00, and then we can deal with it then.

7 THE CLERK: Judge, the Puna case, the status for
8 appeal is gonna continue with that, too?
9 THE COURT: Yeah. And then we'll continue --

10 yeah, I going give you another date, Mis -- too,
11 Mr. Bikle, be -- uh, nah, let's bring him back on that
12 date, too.
13 THE CLERK: Okay.
14 THE COURT: The one -- the -- the infractions
15 that you have up on appeal, I going leave it on that same

16 date. I'm not gonna do anything 'cause you -- I'm -- I
17 gotta wait for the appeal to come back down, but I don't
18 want to end up giving you all these different dates. I
19 just wanna give you one date at a time. Are you okay with
20 that?
21 MR. BIKLE: You're gonna do what you -- you're
22 gonna do, so go 'head.
23 THE COURT: You tell me if -- if you're okay

24 with it, I'm gonna leave it.
25 MR. BIKLE: Go 'head --

39
1 THE COURT: If you're un --

2 MR. BIKLE: -- and do it.
3 THE COURT: -- not okay with it, Mr. Bikle, then
4 I'll give you two dates.

5 MR. BIKLE: I'm not okay with this whole
6 proceeding but go ahead and schedule that on the same day.

7 THE COURT: You sure? I wanna --
8 MR. BIKLE: I just --
9 THE COURT: -- make sure --

10 MR. BIKLE: -- said --
11 THE COURT: -- you're okay with that.
12 MR. BIKLE: -- I'm not okay with anything --

13 THE COURT: Okay, then --
14 MR. BIKLE: -- going on --
15 THE COURT: -- should I --

16 MR. BIKLE: -- here.
17 THE COURT: -- put it on a different date?

18 MR. BIKLE: Put that on the same date.
19 THE COURT: Okay.
20 MR. BIKLE: I don't agree to anything going on

21 here but put it on the same date.
22 THE COURT: Thank you, Mr. Bikle. We'll see you
23 then.
24 (Hearing adjourned and next case called at 2:52:02 PM.)
25 ---o0o---
40
1 COUNTY OF HAWAII )
2 STATE OF HAWAII )
3 CERTIFICATE
4 I, Geraldine L. Saffery, CSR 328, RPR, Official

5 Court Reporter of the Third Circuit Court, do hereby
6 certify that the foregoing pages numbered 2 to 39,

7 inclusive, contains a true and accurate transcription,
8 done to the best of my ability, of the videotaped
9 proceedings held in connection with the aforementioned

10 cause, identified as follows:
11 COURTROOM 2C, LOG NO. 2:19:53 PM through
12 2:52:02 PM.
13 Dated: ___________________________.
14
15
16 ____________________________________
17 GERALDINE L. SAFFERY, CSR 328, RPR

18
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20
21
22
23
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Commission On Judicial Conduct Judge Frietas of Hilo District Court, Hawaii

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Commission On Judicial Conduct Judge Frietas of Hilo District Court, Hawaii

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1

1 IN THE DISTRICT COURT OF THE THIRD CIRCUIT

13 FOR ARRAIGNMENT AND PLEA

17 PHILIP BIKLE, Defendant

1 THURSDAY, DECEMBER 15, 2016 8:50 O'CLOCK A.M.

3 THE CLERK: At number four for Philip Bikle.

4 MR. BIKLE: Here.

5 THE COURT: Morning, sir.

6 MR. BIKLE: Good morning. I contacted the Court

7 about ADA. I really need to sit, I got --

8 THE COURT: By all means. Have a seat, Mr. Bikle.

10 definitely if you need a --

11 MR. BIKLE: Yeah, I contacted them.

12 THE COURT: -- you need to sit, have a seat.

13 Looks like you got a ticket for No License and No

14 Insurance. Do you have either of these?

15 MR. BIKLE: I'm sorry, do I have --

16 THE COURT: Either a license or an insurance?

17 MR. BIKLE: Oh, actually I object to that line of

18 inquiry right now because I'm challenging the jurisdiction

20 THE COURT: I don't have a problem with that. So do

21 you plan to challenge it on your own or would you like me

22 to refer you to the Public Defenders?

23 MR. BIKLE: I'm ready to go right now.

24 THE COURT: Can't do it now. You can file a motion.

25 MR. BIKLE: I have motions right here. And I've

Audrey S. Tanouye, CSR 225

1 communicated actually with the Prosecuting Attorneys

2 Office, who communicated to me that they did not initiate

3 prosecution on this citation. And I have two

4 communications from them indicating this matter. I've got

6 requisite filings, the verified complaint and/or verified

7 information signed off on by the Prosecuting Attorney,

8 which is required by the Hawaii criminal procedure. I

10 my Motion to Dismiss which challenges the jurisdiction of

12 As far as my concerns, it looks like the -- one of

14 you know, they do not have a license to practice law.

15 It's a separation of powers issue. And, you know, like I

16 said, I communicated with the Prosecuting Attorney's

17 Office and I got my letters to them. And the fact that

18 they've agreed tacitly that there has been no initiation

19 of the prosecution. As I said, I mean, the case law shows

21 THE COURT: Hang on. You had planned to dismiss

22 these charges at this point, Mr. Smith?

23 MR. SMITH: No, Your Honor.

24 THE COURT: Evidently they don't. Hang on, Mr.

Audrey S. Tanouye, CSR 225

1 file any of them?

2 MR. BIKLE: The thing is they haven't initiated

4 THE COURT: Mr. Bikle, real easy question. Real

6 MR. BIKLE: A comes before B.

7 THE COURT: Okay, so I will take that then as you

8 did not file anything?

10 before B, this is process. This is irregular process.

11 They haven't filed anything. He has a superior, that's

12 who my letters were addressed to. So he hasn't been in

13 communication with that superior evidently or he would

14 already know this.

15 So you have a superior; do you not?

16 THE COURT: Mr. Bikle. Mr. Bikle, talk to me. Not

17 him. Talk to me.

18 MR. BIKLE: Okay.

19 THE COURT: I'm not going to dismiss it at this