22 Haw. 245 | Haw. | 1914
The court, of its own motion, requested counsel to appear and present their views with reference to the matter of the qualification of Mr. Justice Watson to- sit and partake in the hearing and decision of the appeal in this case.
The original complaint was filed in the court below on March 4, 1914. On March 5, a demurrer was interposed by the defendant, Lord-Young Engineering Company, Limited, which was signed “Thompson, Wilder, Watson & Lymer. F. W. M. and Fred W. Milverton” as attorneys for the said defendant. Later, other pleadings were filed which were signed in the same manner. Mr. Watson took no part whatever in the preparation or management of the case, did not discuss it with the client or with his associates in the firm, and received no compensation in connection with the case. Justice Watson’s appointment as a member of this court was confirmed by the United States senate on March 11, and he took the oath of office on March 19, 1914,' upon which date his membership in the law firm in which he had been associated was severed. The question is whether his formal connection with the case as above explained constitutes a present disqualification. The court is of the opinion that it does.
Section 84 of the Organic Act provides that no person shall sit as a judge in any case in which he has been “of counsel.”