The only stable state is the one in which all men are equal before the law. - Aristotle

1. Beliefs are the degree of truth one assigns to something. Rarely does a listener come before
you with a blank slate. The challenge is to identify attitudes and beliefs that might be
supportive and to build upon them. For those who are unsupportive of your argument, you
must work to erase—or reshape—them.
Demosthenes dramatizes the debate about the “political situation” and challenges the
Athenians' complacency. His method is confrontational and meant to engender action. He
rightly acknowledges that there is resistance to the action he desires, and he works with and
through that resistance by giving it voice and responding to it with force.
The Art of Persuasion
Paul Mark Sandler, Esq.
Shapiro Sher Guinot and Sandler
<https://www.shapirosher.com/img/headers/The-Art-of-Persuasion-Sandler.pdf>
________________________________
CRIMINAL JUSTICE STANDARDS
Prosecution Function - Fourth Edition (2017)
American Bar Association
<https://www.americanbar.org/groups/criminal_justice/standards/ProsecutionFunctionFourthEdition/>
The primary duty of the prosecutor is to seek justice within the bounds of the law, not merely
to convict. The prosecutor serves the public interest and should act with integrity and balanced
judgment to increase public safety both by pursuing appropriate criminal charges of
appropriate severity, and by exercising discretion to not pursue criminal charges in appropriate
circumstances. The prosecutor should seek to protect the innocent and convict the guilty,
consider the interests of victims and witnesses, and respect the constitutional and legal rights
of all persons, including suspects and defendants.
________________________________
THE CONSTITUTION OF THE STATE OF HAWAII
ARTICLE I
DUE PROCESS AND EQUAL PROTECTION
Section 5. NO PERSON shall be deprived of life, liberty or property without due process of law, nor
be denied the equal protection of the laws, nor be denied the enjoyment of the person's civil rights or
be discriminated against in the exercise thereof because of race, religion, sex or ancestry. [Ren and am
Const Con 1978 and election Nov 7, 1978] (Emphasis Supplied)
RIGHT TO PRIVACY
Section 6. The right of the people to privacy is recognized and shall not be infringed without the
showing of a compelling state interest. The legislature shall take affirmative steps to implement this
right. [Add Const Con 1978 and election Nov 7, 1978]

2. TO KEEP THEM HONEST, BIG ISLAND WANTS TO PUBLISH LIST OF
TRAVELERS WHO SHOULD BE IN QUARANTINE
By Mahealani Richardson, HAWAII NEWS NOW, September 14, 2021
<https://www.hawaiinewsnow.com/2021/09/15/mayor-roth-wants-quarantine-list-made-public-stop-people-infecting-others/>
Hawaii County Mayor Mitch Roth is asking the state if he can publish a list of travelers who
are supposed to be in quarantine. Roth, a former county prosecutor, says there's not enough
quarantine enforcement and he believes too many rule breakers are out in public ― potentially
spreading COVID. He said last month more than 100 people flew to Hawaii Island and had to
quarantine because they couldn't prove they were vaccinated or had a negative COVID test.
The ACLU of Hawaii said publishing the list does pose potential concerns.
“These include the inherent concerns about health privacy regardless of whether someone
is demonstrably ill, concerns about possible vigilantism against people whose names
appear on the list, concerns about violations of privacy stemming from such publication,”
said Executive Director Joshua Wisch, adding that there are also general concerns about
unintended consequences.
________________________________
HAWAII REVISED STATUTES
[§127A-29] Misdemeanors
<https://www.capitol.hawaii.gov/hrscurrent/Vol03_Ch0121-0200D/HRS0127A/HRS_0127A-0029.htm>
ANY PERSON violating any rule of the governor or mayor prescribed and promulgated
pursuant to this chapter and having the force and effect of law, shall, if it shall be so stated in
the rule, be guilty of a misdemeanor. Upon conviction, the person shall be fined not more
than $5,000, or imprisoned not more than one year, or both.
ANY PERSON who intentionally, knowingly, or recklessly destroys, damages, or loses any
shelter, protective device, or warning or signal device, shall if the same was installed or
constructed by the United States, the State, or a county, or is the property of the United States,
the State, or a county, be fined the cost of replacement, or imprisoned not more than one year,
or both. The governor or mayor, may, by rule, make further provisions for the protection from
misuse of shelters, protective devices, or warning and signal devices. [L 2014, c 111, pt of §2]
________________________________
EQUAL JUSTICE FOR ALL
PROSECUTORIAL DISCRETION - CITE AND DIVERT
It's different than “cite and release” which allows someone to avoid going to jail, but still
comes with a criminal charge. Divert means there is no arrest, no jail time and no criminal
charge on someone's record if they follow the plan. “The major benefit to the Cite and
Divert Program is that it provides an opportunity to stay out of the criminal justice system
and keep the criminal record clean,” the sheriff's office statement said. “Rather than going
to jail and having a case filed, a person will meet with a prosecutor from the Criminal
District Attorney's Office who may recommend an appropriate course of diversion.”
The program will give law enforcement officers an additional option when they think a
warning is not enough, but jail time is too harsh. The sheriff's office said cite and divert
was discussed about a year ago with no action, but with the current COVID-19 outbreak
among jail inmates and staff, it was decided by law enforcement administrators that it
would be best to move forward with it now. The anticipated launch date is Sept.1.

3. “Diversion is a good policy when there is a pandemic and when there is not a pandemic,
and we're seeing clearly as a fatal virus sweeps through our jail that it’s more important
than ever to keep people out,” said Jordan Buckley.Buckley is part of Mano Amiga, an
immigration advocacy group that's been pushing for the jail diversion program for nearly
two years. [Reference Supplied: Mano Amiga https://www.manoamigasm.org/>]
Justice reform advocates show frustration with delayed promises by presenting birthday cake
By Luz Moreno-Lozano and Hojun Choi, Austin American-Statesman, July 9, 2021
<https://www.statesman.com/story/news/local/2021/07/09/justice-reform-activists-frustrated-delays-cite-and-divert-plan/7905106002/>
________________________________
HAWAII MAYOR MITCH ROTH
I believe in having a transparent government. I agree with the governor's initial suspension
of the open government laws for a limited time and limited purpose as decisions needed to
be made quickly when the emergency first started. This action was taken to allow
government operations to continue while ensuring that quarantine procedures to protect the
health and safety of state residents and visitors were capable of being complied with.
However, now that the pandemic has gone on for several months, I believe we should look
to other avenues of allowing the public to have notice and access to open meetings and
public records. Roth has served as the prosecuting attorney for Hawai`i County since
November 2012. Prior to that, he served as the deputy prosecutor in Hilo for 13 years, and
as the deputy prosecutor for the City & County of Honolulu for five years. “It was a
difficult decision, leaving as prosecutor, but, on the other side of that, I see that if we go
upstream, we can solve more problems before they get to the prosecutor's office,” Roth
said. Mayor Roth described that the pandemic also exposed the need for infrastructure and
the need to bring them back to a “decent standard.”
Candidate Q&A: Hawaii County Mayor — Mitch Roth
We need to change the philosophy of our current government
from one which sees itself permitting businesses to exist to one that helps businesses succeed
By The Honolulu Civil Beat Staff, September 13, 2020
<https://www.civilbeat.org/2020/09/candidate-qa-hawaii-county-mayor-mitch-roth/>
Roth on Mayoral Run: 'We're all in this together
Big Island Now, December 11, 2019
<https://bigislandnow.com/2019/12/11/roth-on-mayoral-run-were-all-in-this-together/>
Hawai`i County Mayor Mitch Roth Discusses Critical Issues Facing Hawai`i County Today
By Jack Dugan, Big Island Now, August 18, 2021
<https://bigislandnow.com/2021/08/18/exclusive-interview-hawai%CA%BBi-county-mayor-mitch-roth-discusses-critical-issues-facing-hawai%CA%BBi-county-today/>