Petition — Yee v. Yee

Supreme Court brief1976

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IN THE SUPREME COURT OF THE UNITED STATES

OCTOBER TERM 1975

JANICE CHING YEE, PETITIONER PRO SE

VS.

ALFRED ALPHONSE YEE and/or ALFRED A. YEE & AS-

SOCIATES, HSC*, NO. 6102,

STEPHANIE KOKERNAK, HSC*, NO. 5943,

ROBERT HOGAN and/or HOGAN, ROTHER, GRIMES &

BYBEE, HSC*, NO. 5971,

JUDGE B.M. VITOUSEK, and/or the FAMILY COURT of

the FIRST CIRCUIT of the STATE OF HAWAII, HSC*,

NO. 6008,

DR. BETTY ADAMS and/or HAWAII'S DEPARTMENT OF

HEALTH and/or GERRY NAGAHISA and/ or the ADULT

SERVICE BRANCH of the STATE OF HAWAIIS FAMILY

COURT, FIRST CIRCUIT HSC*, NO. 5924,

HAROLD NICKELSEN and/or CONROY, HAMILTON,

GIBSON, NICKELSEN, & RUSH, HSC*, NO. 5969,

JAMES KOSHIBA and/or the HAWAII BAR ASSOCIA-

TION, HSC*, NO. 5970,

ROBERT FRANKLIN, HSC*, NO. 5949,

RESPONDENTS.

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NO.

IN THE SUPREME COURT OF THE UNITED STATES

OCTOBER TERM 1975

JANICE CHING YEE, PETITIONER PRO SE

VS.

ALFRED ALPHONSE YEE and/or ALFRED A. YEE & AS-

SOCIATES, HSC*, NO. 6102,

STEPHANIE KOKERNAK, HSC*, NO. 5943,

ROBERT HOGAN and/or HOGAN, ROTHER, GRIMES &

BY BEE, HSC*, NO. 5971,

JUDGE B.M. VITOUSEK, and/or the FAMILY COURT of

the FIRST CIRCUIT of the STATE OF HAWAII, HSC*,

NO. 6008,

DR. BETTY ADAMS and/or HAWAII'S DEPARTMENT OF

HEALTH and/or GERRY NAGAHISA and) or the ADULT

SERVICE BRANCH of the STATE OF HAWAII'S FAMILY

COURT, FIRST CIRCUIT HSC*, NO, 5924,

HAROLD NICKELSEN and/or CONROY, HAMILTON,

GIBSON, NICKELSEN, & RUSH, HSC*, NO. 5969,

JAMES KOSHIBA and/or the HAWAII BAR ASSOCIA-

TION, HSC*, NO. 5970,

ROBERT FRANKLIN, HSC*, NO. 5949,

RESPONDENTS.

JOINT PETITION FOR WRIT OF CERTIORARI

TO THE SUPREME COURT OF THE UNITED STATES

JANICE CHING YEE,

Petitioner Pro Se,

3169 Alika Avenue

Honolulu, Hawaii, 96817

*HSC -HAWAII SUPREME COURT.

WILLIAM L. FLEMING of

CADES, SCHUTTE, FLEMING & WRIGHT

Attorneys for Respondents:

ROBERT HOGAN, ET AL;

HAROLD NICKELSEN, ET AL; and

JAMES KOSHIBA &/OR the HAWAII

BAR ASSOCIATION.

165 S. King Street

Honolulu, Hawaii 96813

RONALD AMEMIYA 694

NELSON CHANG 726

Attorney General & Deputy for Respondents:

GERRY NAGAHISA, ET AL; and/or

DR. BETTY ADAMS, ET AL;

RONALD AMEMiLYA 694

CEDRIC CHOI 1375

Attorney General & Deputy for Respondent:

JUDGE B.M. VITOUSEK, ET AL;

HAWAIL STATE CAPITOL

415 South Beretania Street

Honolulu, Hawaii, 96813

MAX GARCIA

Attorney for Respondent:

ROBERT FRANKLIN,

Suite 990 Pacific Trade Center,

190 S. King Street,

Honolulu, Hawaii, 96813

STANLEY KANETAKE

Attorney for Respondent:

STEPHANIE KOKERNAK

228 Kuulei Road

Kailua, Hawaii, 96734

EDWARD Y.C. CHUN of

CHUN, KERR, & DODD

Attorneys for Respondent:

ALFRED ALPHONSE YEE, ET AL,

Suite 1408, AmFac Building

700 Bishop Street

Honolulu, Hawaii, 96813

| page

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EEE EE SE iii

inn dccdcopecbsduccceeseseces iii

ns. occ ceeecceccesesedecs 5

ecw ddeneeane 7

a ys) 26

sn cee ecneeseesesees 28

EE ES IO 37

VI. REASONS FOR GRANTING THIS WRIT......... 58

Ne ee eaneeeenss 59

AFFIDAVIT OF PETITIONER PROSE ..... APPENDED

APPENDICES:

STATUTES APPENDED ............... APPENDICES

“A” (and all subsections)—pertains to case HSC #5949;

“B” (and all subsections)—-pertains to case HSC #6102, HSC

#5930, and/or FC-D No. 81258;

“C” (and all subsectiois)—-pertains to cases to be “Consoli-

dated”: HSC #5949

#5943

#5969

#5970

#5971

#5924

#6008

#6102

#5903, Appealed as USSC #75-1143;

“D” (and all subsections)—pertains to unfiled “Motions”,

which could have been filed:

“E” (and all subsections)—-pertains to “EXHIBITS” FOR

RESTITUTION;

“F” (and all subsections) pertains to “FINAL ABSOLUTE

DIVORCE DECREE” and all “Supplemental Decisions”

of the lower Family Court of Hawaii;

“G" (and all subsections)— pertains to evidence of Prejudice

by the lower Circuit Court of Hawaii;

“H”-pertains to more evidence of the Supreme Court of

Hawaii's clerks’ Violation of Legal Rights for Petitioner

Pro Se as well as for all innocent parties;

“I” (and all subsections)—-pertains to all “NOTICE OF

APPEAL” from the lower Circuit Court of Hawaii; includ-

ing Family Court;

TABLE OF CASES

pages

1. DORIS DAY vs. ROSENTHAL, California............ 8

2. GLOSS vs. PEOPLE, 259, Il, 332, 102, NE 763 ........ 10

3. HASLAM vs. MORRISON, 1133 Utah, 14, 190

RN Eat o ee ee 10

4. HUDGINS vs. STATE, 2 Ga. 173, 176 .2.....0...0000- 10

5. JILLSON vs. CAPRIO, (ENCYCLOPEDIA OF NEGLI-

GENCE, p. 1147 (sec409), vol. #2, 1962) ...........000. 8

6. PEOPLE vs. WINTERS, 171 Cal. App. ............--- 1

STATUTES

|. STATUTES INVOLVED ...........00.055. 28 to 37

2. HAWAII SUPREME COURT RULES:

tt Pc. shadene hasesekeedseanenns 29

ee err ry 14, 29

CODE OF PROFESSIONAL RESPONSIBILITY’S

ETHICAL CONSIDERATIONS: EC2-27 31, 52

EC2-28 31, 52

EC2-30 31, 52

EC7-21 16, 19, 31,

44, §2

46, 52

EC7-22 16, 31,

EC7-26 41

DT ee rer er 15, 19,

I a od ie la Bad el he areal 15, 19,

Ss &

3. UNITED STATES SUPREME COURT RULES:

OE TD oc cc ccéuecseesueunene’s 7, 24, 26, 28

Ls ok eee leiinnes whee ee 26

Giddens leeds con chnhaennes 26, 29

TD “00 ised eGe deena enhauceneaeees 26

wiawa. . cinch ated Dae dnenenint 3, 26, 29

4. HAWAII'S REVISED STATUTES:

CEES TED Sec rsctssdacvsscccvccveds 32

IE a, Sarr oe 9, 32

er Perera e 9, 32

re a a ee ea 9, 32

—

eka wh odie a cutee admin aaa 9, 33

BERR oreo 33

stbiunchsrdhudeultidaceacwes 33

ME dbedlebiwkéukhscksunke Sus 12, 33, 46

a dck-<en nodcneenunbebecos 35

DCCL te tdwetecbeseassdssekecs 33, 45, 51

Es Sweats eon ecenddeeeen dane 34, 45, 51

DT Thctbkndhisocehesdanetuns 5, 6, 7, 34

a re eee ree 35

P4645 0ngdass cheenesdeaneu 35

PRO Atk tudeutnéeseucecoueoans 53

5. HAWAII'S RULES OF CIVIL PROCEDURE:

Th ccisghashdbhsuteeneninckcasees 18, 20, 36

iD sitncecekunsdvuebeh dhadaeasaved 36

Caktnaeeesestduats ss ssautuceetons 16, 36

DET vuacceukealukbeReededtaceees 44

in dnkAaeuwnncéesedeebunsabedeudied 36

. FEDERAL RULES OF CIVIL AND APPELLANT

PROCEDURE:

Chapter 133:28:sec 2101(c) ...........2.00.. 26, 36

SD IK 606 dw éncdensccadbaon 3, 37, 59

DNS Hck 6henceeeehasscenneenanetecenin 16

TEXT BOOKS

_BALLENTINE’S LAW DICTIONARY

ee CE cc ecu ccc uhasucadesennes 10

. CRIMINAL LAW by Donnelly, Goldstein,

& Schwartz, (1st Edition) 1962.............. 1!

. ENCYCLOPEDIA OF NEGLIGENCE (vol.

Sy MAG ods SRE WERERES Cece ecoocenecen 8

_ LAW OF TORTS by William L. Prosser,

ie Ge OE, i's 5 6k esd antec bendesancees 8, 43

MISCELLANEOUS AUTHORITIES

February 8, 1976 SUNDAY STAR BULLETIN

& ADVERTISER “PARADE” (DORIS DAY

IS 000.5:05640 005 6500s enseuesutsueus 8

IN THE SUPREME COURT OF THE UNITED STATES

OCTOBER TERM 1975

NO.

JANICE CHING YEE, PETITIONER PRO SE

Vs.

ALFRED ALPHONSE YEE and/or ALFRED A. YEE & AS-

SOCIATES,

STEPHANIE KOKERNAK,

ROBERT HOGAN and/or HOGAN, ROTHER, GRIMES &

BY BEE.

JUDGE B.M. VITOUSEK and/or the FAMILY COURT OF

THE FIRST CIRCUIT of the STATE OF HAWAII,

DR. BETTY ADAMS and/or HAWAII'S DEPARTMENT OF

HEALTH AND/OR GERRY NAGAHISA and/or the

ADULT SERVICE BRANCH of the STATE OF HAWAIPS

FAMILY COURT, FIRST CIRCUIT,

HAROLD NICKELSEN and/or CONROY, HAMILTON,

GIBSON, NICKELSEN, & RUSH

JAMES KOSHIBA and/or the HAWAII BAR ASSOCIA-

TION,

ROBERT FRANKLIN,

RESPONDENTS.

JOINT PETITION FOR WRIT OF CERTIORARI

TO THE SUPREME COURT OF THE UNITED STATES

To the Honorable Chief Justice and Associate Justices of the

Supreme Court of the United States, Janice Ching Yee, the

Petitioner Pro Se herein, prays for a Writ of Certiorari to Re-

view and/or Direct the Judgement of Hawaii's Supreme Court

and/or Order Judgement per Discretion, Prerogative and Ini-

tiative of the Supreme Court of the United States against the

Judgements entered in the lower Courts, dated:

1. December 30, 1975, at 4:07 p.m., for case HSC #5949;

(APPENDIX “A(1)”)

2. January 12, 1976, at 3:46 p.m., for case HSC #5949; (AP-

PENDIX “A(1)”)

3. January 12, 1976, at 4:23 p.m., for the “Consolidation of

Appeals”; (APPENDIX “C(1)”)

4.November 3, 1975, at 6:08 p.m. for case HSC #5930;

(APPENDIX “B(1)”)

5. November 17, 1975, at 2:56 p.m., for case HSC 5930; (AP-

PENDIX “B(1)”)

6. November 17, 1975, at 2:57 p.m. for case HSC #5930;

whereby this case has been re-Appealed and is pending

as HSC #6102 in Hawati’s Supreme Court (APPENDIX

“B(1)")

7. February 13, 1976, at 3:47 p.m. for the “Consolidation of

Appeals”; (APPENDIX “C(1)”") and

8. February 13, 1976, at 3:48 p.m. for the “Consolidation of

Appeals”; (APPENDIX “C(1)”)

which:

A. Affirmed the May 2, 1975, and July 18, 1975 “Nunc

Pro Tunc” June 4, 1975 lower Circuit Court Order,

Judgement and Decree for case HSC #5949 (Civil

#44578), which inflicted substantial injury against the

Legal Rights of Plaintiff-Appellant Pro Se as Petitioner

Pro Se against Hawaii's Supreme Court's affirmation

of the lower Court's dismissal and denial, which

worsened:

B. The Unequitable Terms of the March |, 1973 absolute

divorce (which is not on Appeal). (APP. “B(2)”)

C. Denied Consolidation (APP. “C(1)") of Appeals

against the Conspiracy consisting of:

APP. “C(2) (a)”, Yee vs. Kekernak, HSC NO. 5943,

which was dismissed June 30, 1975 by the lower

Circuit Court of Hawaii.

APP. “C(2) (b)”, Yee vs. Hogan, et al, HSC No. 5971,

which was dismissed and filed June 16, 1975, which

unfairly made Defendants recover costs through

Plaintiff who never was at fault.

APP. “C(2) (c)", Yee vs. Vitousek, et al, HSC NO.

6008, which was dismissed and filed August 28, 1975,

by the lower Circuit Court.

APP. “C(2) (d)”, Yee vs. Nagahisa, et al, and/or Ad-

ams, et al, HSC NO. 5924, which dismissed the Mo-

tion for Summary Judgment for Plaintiff against the

unfair granting of Defendants Motion for Summary

Judgment by the Orders of the lower Circuit Court

filed April 11, 1975, and whereby Motion for Retrial

2

ee

was denied on May 7, 1975.

APP. “C(2) (e)”, Yee vs. Nickelsen, et al, HSC NO.

5969, which was dismissed and filed June 16, 1975,

which unfairly made Defendants recover costs

through Plaintiff, who never was at fault.

APP. “C(2) (f)", Yee vs. Koshiba, and/or the Hawaii

Bar Association, HSC NO. 5970, which was dis-

missed and filed June 16, 1975, which unfairly made

Defendants recover costs through Plaintiff, who never

was at fault.

All of the Respondents as Defendants-Appellees, were in-

stigators and/or perpetrators, as Conspirators* for the “Con-

spiracy for Prejudiced Persecution by Malicious Abuse of Ju-

dicial Process” by Defamatory Coerced Incompetency for

Coerced Ignominy “by Deprivation of Income and Legal Rights

tor Petitioner” Pro Se as Plaintiff Appellant Pro Se, against

their Violation whereby a criminal case evolved out of an or-

dinary divorce case, which was irreconcilable.

Both parties of all cases reside in the State of Hawaii.

PETITIONER PRO SE HEREBY REQUESTS case USSC

#75-1143 be added or joined to This Joint Petition; OR This

Joint Petition be considered a Supplemental Brief for case

USSC #75-1143, according to the USSC RULES, Rule 24 #5, or

the FEDERAL RULES OF CIVIL PROCEDURE, Chapter

133:28 (sec. 2106).

(*Conspirators*:)

*Alfred Alphonse Yee & or Alfred A. Yee & Associates, HSC #6102

Stephanie Kokernak, HSC #5943

Edward Chun & or Chun, Kerr, & Dodd, HSC #5903, USSC #75-1143

Robert Hogan & or Hogan, Rother, Grimes, & Bybee, HSC #5971

Judge B.M. Vitousek & or the Family Court of the First Circuit of the State

of Hawaii, HSC #6008

Dr. Betty Adams & or Hawaii's Dept. of Health, AND OR Gerry Nagahisa

& or the Adult Service Branch of the State of Hawau’s Family Court,

First Circuit, HSC #5924

Harold Nickelsen & or Conroy, Hamilton Gibson, Nickelsen & Rush,

HSC #5969

James Koshiba & or the Hawaii Bar Association, HSC #5970

Robert Franklin, HSC #5949, pending appeal to USSCtt

*tUSSC- UNITED STATES SUPREME COURT

PETITIONER PRO SE HEREBY also Requests for Permis-

sion to include “Orders” by Hawaii's Supreme Court, this 2nd

day of April, 1976, wherefore all of the copy for this Petition

was in the final process preceding final printing whereby it was

completed on March 31, 1976, with a few last minute subtrac-

tions or additions; wherefore the following “Orders” of the

Supreme Court of Hawaii, were received this April 2, 1976 and

is hereby appended as APPENDIX “J”:

1. March 31, 1976; at 3:26 p.m.; for case HSC #6102

2. April 1, 1976; at 3:55 p.m.; for case HSC #5943

3. April 1, 1976; at 4:01 p.m.; for case HSC #5971

4. April 1, 1976; at 4:00 p.m.; for case HSC #6008

5. April 1, 1976; at 3:51 p.m.; for case HSC #5924

6. April 1, 1976, at 3:58 p.m.; for case HSC #5969

7. April 2, 1976; at 9:34 p.m.; for case HSC #5970

So, please excuse the inclusion of Rule 20 of the USSC

RULES, for it did apply until this 2nd day of April.

ee ee oe

a

1. OPINIONS BELOW

The Opinions and Judgements of Hawaii's Supreme Court

below for case HSC NO. 5949 for Yee vs. Franklin, hereby

have been included as APPENDIX “A(1)” and APPENDIX

=.

The Judgements of the lower Trial Court of Hawaii's Cir-

cuit Court for case HSC NO. 5949 for Yee vs. Franklin, dated

May 5, 1975 and July 18, 1975, “Nunc Pro Tunc”, June 4,

1975, is hereby included as APPENDIX “A(2)”.

The Opinion and Judgement of Hawaii's Supreme Court

below for case HSC NO. 6102, for Yee vs. Yee, which was

ease HSC NO. 5930, for Yee vs. Yee, has not been decided,

and Petitioner hereby prays the Supreme Court of the United

States can Review this case pending in Hawaii's Supreme

Court and/or Direct a Judgement on these Pleadings for

Petitioner Pro Se for a fast determination of this case before

Judgement is given in said Hawaii Supreme Court, according

to Rule 20 of the UNITED STATES SUPREME COURT

RULES.

The Opinion and Judgement of Hawait’s Supreme Court

for case HSC NO. 5930, is hereby appended as APPENDIX

“BCL”.

The Opinion and Partial Judgement of the lower Trial

Court of Hawaii's Family Court for case HSC No. 6102, dated

March |, 1973; whereby the Statute of Limitations can be

extended to 6 (six) years for Concealment of Malice, according

to HAWAIL REVISED STATUTES, Chapter 657-20, also

against Concealment of Conspiracy; is hereby appended as

APPENDIX “B(2)”.

The Opinion and Judgements of Hawaii's Supreme Court

below for the Consolidation of “Appeals Against Conspiracy

for Prejudiced Persecution by Malicious Abuse of Judicial

Process for Deprivation of Income and Legal Rights for Plain-

tiff-Appellant”, are hereby included in APPENDIX “C(1)”,

and Petitioner Pro Se hereby prays the Supreme Court of the

United States can review ALL of these cases; including case

HSC NO. 5949 which was affirmed for dismissal in the lower

Courts of Hawaii; pending in Hawaii's Supreme Court before

Judgement is given in the aforementioned Hawaii Supreme

Court, according to Rule 20 of the UNITED STATES SU-

PREME COURT RULES. (Judgements made 4/1/76)

The Opinion and Judgment of the lower Trial Court of

Hawaii's Circuit Court for the cases to “Consolidate Appeals

5

Against Conspiracy for Prejudiced Persecution by Malicious

Abuse of Judicial Process for Deprivation of Income and

Lega! Rights for Plaintiff Appellant,” Yee vs.:

1) Franklin, HSC #5949 (Judgement below —-APP. “A(2)”)

2) Kokernak, HSC #5943

3) Hogan et al, HSC #597]

4) Koshiba & or the Hawaii Bar Association, HSC #5970

5) Nickelsen et al, HSC #5969

6) Adams et al, & or Nagahisa et al, HSC #5924

7) Vitousek et al, HSC #6008

whereby the Statute of Limitations can be extended to 6 (six)

years, according to HAWAII REVISED STATUTES, Chap-

ter 657-20 for Concealment of Malice for Conspiracy; is

hereby Appended as APPENDIX “C(2) (a-f)”

NOTICE OF APPEAL from the lower Courts to Hawaii's

Supreme Court ts hereby appended as follows:

1. APPENDIX “i(A)” for HSC #5949, for Civ. #44578

. APPENDIX “I(B) (a)” for HSC #6102, for FC-D #81258

. APPENDIX “I(B) (b)” for HSC #5930, for FC-D #81258

. APPENDIX “I(C) (a)” for HSC #5943, for Civ. #44869

. APPENDIX “I(C) (b)” for HSC #5971, for Civ. #44240

. APPENDIX “I(C) (c)” for HSC #6008, for Civ. #45123

APPENDIX “I(C) (d)” for HSC #5924, for Civ. #44263

. APPENDIX “I(C) (e)” for HSC #5969, for Civ. #44244

APPENDIX “I(C) (f)” for HSC #5970, for Civ. #44262

CSCeENDYAHwl

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Il. JURISDICTION

The Jurisdiction of This Supreme Court of the United

States; whereby it can Review or Direct the Judgement of

these cases; was invoked on the grounds of the following

situations:

1. November 2, 1973—an “Order” for a “guardian ad litem”

was illegally ordered against Petitioner as Plaintiff (Ap-

pellant Pro Se) who herehy Appeals for Extension of the

Statute of Limitation, according to HAWAIT'S REVISED

STATUTES, Chapter 657-20 for limitations of six (6)

years against the “Concealment” of “Malice for Con-

spiracy” OR “Conspiracy for Malice” by nine (9) Con-

spirators* for Prejudiced Persecution by Malicious Abuse

of Judicial Process as this “guardian ad litem order”

for coerced incompetancy and coerced ignominy by Dep-

rivation of Income and Legal! Rights for Plaintiff Appel-

lant Pro Se, who hereby Appeals as Petitioner Pro Se

against this Violation of Legal Rights whereby the Juris-

diction of This Court was invoked, according to Rule 19

(a & b) of these UNITED STATES SUPREME COURT

RULES, wherefore:

(a) “a state court has decided a federal question” “in

a way probably not in accord with applicable de-

cisions of this court”,

for the UNITED STATES CONSTITUTION and its

AMENDMENTS, specifically; its:

(1) First Amendment for FREEDOM and/or Equal

Protection by Law for ALL FREEDOMS:

(2) Fourth Amendment against “false arrest” ex-“guar-

dian ad litem” or “trustee” “orders” insinuating

incompetency of a capable American woman as

Plaintiff (Appellant) Pro Se. who hereby Appeals

as Petitioner Pro Se;

(3) Sixth Amendment for a speedy trial by an impar-

tial Judge or to be informed of the nature of the

accusation of incompetancy against Petitioner Pro

Se, who has asked before for representation by

counsel as afforded by this Amendment, also to be

confronted by the witness who was the false accus-

er of spendthrift incompetency against Plaintiff Ap-

pellant as Petitioner Pro Se;

(4) Eighth Amendment against “cruel and unusual

*page 3.

punishment”, which is also against the Fourth,

Fifth, and Sixth Amendment, unless duly convicted

or which should be protected also by the Due Pro-

cess of Law or

(5) Thirteenth and Fourteenth Amendment tor due

process of law or for Equal Protection by Law (as

the First Amendment) against “financial enslave-

ment” or “involuntary servitude”, after all Peti-

tioner Pro Se never was incompetent and/ or against

this label and/ or petitioner doesn’t want to work for

my ex-husband Alfred Alphonse Yee and/or his

company Alfred A. Yee & Associates, for alimony

which was and still is unequitable as temporary par-

tial settlement.

(6) Nineteenth Amendment for EQUAL RIGHTS

FOR WOMEN FOR EQUITABLE SETTLE-

MENTS FOR PLAINTIFF APPELLANT PROSE

AS PETITIONER PRO SE JANICE CHING YEE.

(7) Twenty-Seventh Amendment tor EQUAL RIGHTS.

PERIOD.

OR, (b) “where” Hawaii’s Supreme Court as “a court

of Appeals rendered a decision in conflict with the

decision of another court of Appeals”

whereby the California Court of Appeals does Grant

Women as Mrs. Jillson (page 1147 (sec. 409) of the EN-

CYCLOPEDIA OF NEGLIGENCE) of Jillson vs. Caprio,

who set a precedent tor any woman like Petitioner Pro Se

who can collect Complete Restitution against Legal Re-

straint, for “NOT ONLY THE PERPETRATORS, BU

THE INSTIGATORS OF UNLAWFUL VIOLENCE IS

FULLY RESPONSIBLE TO ITS VICTIM”, and “ANY-

ONE WHO AIDS A FALSE ARREST IS GUILTY!”

(page 1159 (sec. 410) of the ENCYCLOPEDIA OF NEG-

LIGENCE.) OR, Doris Day, who collected Restitution

against lawyer Gerry Rosenthal, who swindled her out of

hard earned money, rightfully Doris Day’s, wherefor

Doris Day set a precedent for women like Petitioner Pro

Se, who once worked hard while young and didn’t expect

to work in our sunset years or twice for the same money,

or rather expected to rest and play in our old age. For, ac-

cording to William L. Prosser's LAW OF TORTS, page

869, (3rd edition) 1964, for Petitioner as Plaintiff-Appel-

lant Pro Se, who can collect restitution against Illegal

8

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I 6 es pl eI all

om ORE te eae ot aie Oe

Malicious Prosecution by Respondents as Defendants-

Appellees as Conspirators* for Illegal Defense by the Il-

legal “guardian ad litem” “order,” which was Malicious

Abuse of Judicial Process.

OR, (b) “where” Hawaii’s Family Court or Circuit Court

“has decided an important state question in a way

in conflict with applicable state law”

whereby HAWAII'S REVISED STATUTES, Chapter

551-27 and/or Chapter 551-30 and/or 551-31 AND/OR

Chapter 551-34 were invoked, thereby invoked the Juris-

diction of This United States Supreme Court; tor it ts

frightening to think how this can affect Hawaii's Amer-

ican citizens or the future generation whereby anvbody

can be suddenly restrained by this terrible bad precedent

which Judge B.M. Vitousek imposed without “due Pro-

cess of Law” as afforded by the U.S. CONSTITUTION

AND ITS AMENDMENTS for no other causes than pre-

judice by the vain lawyers and the vain judge whose van-

ity against criticism can destroy a capable American

human being by defamation, libel and slander by Mali-

cious Abuse of Judicial Process, which therefore invoked

the Jurisdiction of the U.S. Supreme Court against the

invokement by Hawaii's Supreme Court and/or the Fam-

ily Court Judge B. M. Vitousek or the lower Circuit Judge

N. Kawakami, “which had decided a Federal question in a

way in conflict with applicable decisions of this court”

and/or “decided an important question of Federal Law”

against ‘enslavement’, “which has not been, but should be,

settled by this” Supreme “Court” of the United States.

PETITIONER PRO SE hereby APPEALS to This

United States Supreme Court for a Precedent whereby

This Supreme Court can Order an Amendment for Peti-

tioner Pro Se Janice Ching Yee against the lower Trial

Court judge Norito Kawakami, where he can by Joinder,

be included as a party in the suit against Respondent

Judge B.M. Vitousek in case HSC #6008 whereof (Re-

spondent) Judge Norito Kawakami must pay Petitioner

Pro Se Janice Ching $1 million for Restitution against

Judge Norito Kawakami's personal Prejudice which de-

prived Pciitioner of earlier monetary restitution of a mini-

mum of $8 (eight) million for Petitioner Pro Se Janice

Ching Yee or a maximum of $15 (fifteen) million for Peti-

*page 3.

tioner Pro Se Janice Ching Yee for restitution for Merit of

Monetary Claims for suffering suffered by Restraint of

Person, whereof Restraint of Trade was caused by it,

which caused Deprivation of more income for Petitioner

Pro Se against the decrease in income and social activities

caused by this which is not the type of living customary

for Plaintiff-Appellant Pro Se, as Petitioner Pro Se,

against the Dismissal of the 8 (eight) cases of Conspiracy

in the lower Trial Court of the Circuit Court, whereof

ALL of the lower Trial Court of the Circuit Court’s Deci-

sions, Judgments, and Orders were VOID for “PREJU-

DICE OF JUDGE”, pg. 978 of BALLENTINE’S LAW

DICTIONARY for “Haslam vs. Morrison,” 1133 Utah;

30 A AM. J. Rev. ed Judges +170 OR VOID FOR “PRE-

JUDICE: an opinion formed before the facts are known

or in disregard of facts.” found on page 978, again, or also

“Hodgins vs. State” or also “Gloss vs. People” on “PRE-

JUDICE’ ‘against Petitioner Pro Se as Plaintiff (Appel-

lant) Pro Se; as has been pled more than once in all cases.

(Respondent) Judge N. Kawakami, declared his Preju-

dice on April 8, 1975 at 11:46 a.m. before the first Hearing

of April 9, 1975 at 10:30 a.m. for the eight (8) cases of

Conspirators*, except Alfred A. Yee of case of FC-D

#81258, which was still pending in Family Court and

whereof Judge B.M. Vitousek refused to make the final

judgement so the case can be appealed, so Petitioner Pro

Se had to “Appeal Against the Unequitable Terms of the

Final Absolute Divorce Decree for Settlement and Child

Custody”; for Petitioner against Kawakami as a Contri-

butory Conspirator* who said “What if I were to tell you,

you won't get anything out of this?” upon getting permis-

sion to file a “Motion”, which was not exactly in confor-

mity for margins, (APPENDIX “G(a)”) in a five (5) min-

ute conference wherefore Judge Kawakami asked for it,

according to the clerks. This VOIDED Norito Kawa-

kami’s Judgements, wherefore Kawakami should have

disqualified himself in the lower Circuit Court; and there-

fore, the lower court Judgements should not have been

affirmed by Hawaii's Supreme Court: for then it com-

pounded the lower Circuit Court's harmful, prejudicial,

and reversible ERROR. This is Illegal, according to

*page 3.

10

CRIMINAL LAW, by Donnelly, Goldstein and Schwartz,

pages 966-970, “People vs. Winters”, 171 Cal. App. 2d

876, 342, P. 2d 538 (App. Dept. Sup. Crt 1959), the

Supreme Court Ruled there:

“The dismissals were void because the trial Judge (Ka-

wakami and/or Vitousek) acted in a matter where he

openly declared his bias and prejudgement without dis-

qualifying himself.”

Hawaii's Supreme Court should have seen Kawakami's

Conflict and Reversed Kawakami's Prejudiced Judge-

ment; and therefore should have denied any Respondents

as Defendants-Appellees’ Motions for Affirmation of the

lower Circuit Court’s ERROR of PREJUDICE.

.A Hearing was held in Hawaii's Supreme Court on

Oct. 21, 1975 at 9:30 a.m. for Argument in case HSC

#5930 Yee vs. Yee, whereby the argument was read verba-

tim from a prepared testimony by Petitioner as Plaintiff-

Appellant Pro Se, and if This Court Requests, it can be

transcribed or retyped against the refusal by the clerks of

the Supreme Court of Hawaii, or “the Courts” refusal for

copies of transcripts of proceedings, which “so far de-

parted from the accepted and usual course of judicial pro-

ceedings,” as to call for an exercise of this court’s power

of supervision.” Kaimuki High School's class for “Psy-

chological Behavior” was present as witness, as well as

their teacher, Mrs. Loo for this Hearing. This case HSC

#5930: now on Appeal as HSC #6102, was dismissed com-

pletely Dec. 30, 1975, for prematurity; by Decision and

Orders filed:

1) November 3, 1975 at 6:08 p.m. whereby Appellant's

Motions were denied “on the ground that Appellant's

Appeal is premature”,

2) November 17, 1975 at 2:56 p.m., whereby “Appellant's

Motion to Amend Opening Brief for Excusable Error

or Neglect, filed October 20, 1975” was denied, for Ap-

peal was denied by the Order of November 3, 1975”,

3) November 17, i975 at 2:57 p.m., whereby “the Peti-

tion for Rehearing filed on November 5, 1975 is denied

without argument”,

AND hereby appended as APPENDIX “B(1)”, where-

upon these Decisions and Orders mentioned, which was

for case HSC 45930, now is Docketed for Appeal in Ha-

waii's Supreme Court as case HSC #6102, whereby the

Opening Brief was filed March 2, 1976. Petitioner Pro Se

hereby Appeals to This Supreme Court of the United

States to Order the Complete Records of this case for evi-

dence of Merits for Petitioner Pro Se or direct a Judge-

ment on these Pleadings of this Petition against Con-

spiracy for Prejudiced Judicial Persecution by Malicious

Abuse of Judicial Process, as Restraintive Supplemental!

Decisions for Coercion of Non-assertion of Petitioner Pro

Se’s Hawaii Legal Rights as well as American Constitu-

tional Rights against Conspiracy for “Swindle” by Judi-

cial “financial enslavement” and Judicial “involuntary

servitude” for Deprivation of Income and Legal Rights

for Petitioner, against also the Coercion for Non-assertion

of Legal Rights against the clerks of Hawan’s Supreme

Court for a bad Court Record for Petitioner, whose good

Court Record can not be shown, due to refusal of the

clerks of Hawaii's Supreme Court for the filing of proper

Motions for Petitioner who hereby presents the Index of

“the Court Record” and to include Petitioner's additions

as presented in the Opening Brief of HSC #6102. and

should have been noted in “the Court Record”, specifical-

ly the record of case HSC #5930, since the clerks were

requested to do so. (APPENDIX “B(3) (a-d”) Petitioner

Pro Se hereby Appeals to This Court to consider this as

more evidence for Merits for Petitioner Pro Se against

the Respondents’ Conspiracy for Coercion of Non-asser-

tion of Legal Rights for Petitioner against their deliberate

Delay as Harassment and or Obstruction of Justice for

Petitioner Pro Se.

. Requests for copies of Transcripts were denied although

the Bailiff Phillips (earlier) said he had taped the pro-

ceedings for the use of “the Court”. This was a Violation

of HAWAITS REVISED STATUTES, Chapter 672-19.

(STATUTES APPENDED) (APPENDIX “A(3)”)

.A Hearing was Ordered and Heard on Dec. 5, 1975 at

10:30 for case HSC #5949, and the last statement heard

was “the Court will take this under advisement”, previ-

ous to the “Order” of APPENDIX “A(1)° and “C(1)”,

dated Dec. 30, 1975 and Jan. 12. 1976.

.On December 5, 1975 was filed, “Motion to Consolidate

Appeals against Conspiracy for Prejudiced Persecution by

Malicious Abuse of Judicial Process for Deprivation of

Income and Legal Rights for Plaintiff-Appellant; (and or)

Motion for Judgement on the Pleadings; Memorandums

of Points and Authorities; Affidavit of Plaintiff-Appel-

1?

—

0 PAM win urs ee

eee ee

meeset om

Ce ee ee a

7 eee

lant” against:

1. Stephanie Kokernak, HSC #5943

2. Robert Hogan, et al, HSC #5971

3. Judge B.M. Vitousek, et al, HSC #6008

4. Dr. Betty Adams, et al, and/or Gerry Nagahisa et al,

HSC #5924

. Harold Nickelsen, et al, HSC #5969

. James Koshiba and/or the Hawaii Bar Association,

HSC #5970

7. Robert Franklin, HSC #5949

THE COMPLETE “MOTIONS” ARE APPENDED

oS 4)

FOR MERIT FOR PETITIONER’S APPEAL TO THIS

SUPREME COURT OF THE UNITED STATES FOR

PETITIONER’S JOINT PETITION FOR WRIT OF

CERTIORARI. (APP. “C(3)”)

“The Court” could have Granted this “Motion to Con-

solidate” according to Rule 2(d)of HAWAITS SUPREME

COURT RULES as pled, for: “Consolidation. When

cases involving a common question of law or

fact are pending before the Court, it may order

a joint argument and may make other orders

concerning proceedings to avoid any unneces-

sary costs or delay”.

The last case was dismissed earlier and if the other six

(6) cases were to be argued all at once on March 9, 1976,

it Was in essence a “consolidation” of Appeals; so WHY

not Grant the “Motion to Consolidate Appeals Against

Conspiracy”? It was and is a Conspiracy whereby ALL

Respondents Conspired by their Prejudices and Malice,

Instigated, Perpetrated, and, or contributed to for the Pre-

judiced Persecution effected by Judge B.M. Vitousek’s

Malicious Abuse of Judicial Process, as the ex-“guardian

ad litem order” for Illegal Coerced Incompetency against

Due Process of Law against this coerced ignominy by

coerced incompetency and coerced destitution by Depri-

. vation of Income and Legal Rights for Petitioner Pro Se

as Plaintiff Appellant Pro Se, as was motioned and filed

on Dec. 5, 1975 and denied on January 12, 1976. (APP.

“C(3)") and (APP. “D(1)(a to f)”)

13

§. December 19, 1975—-“Motion to Reserve Plaintiff Ap-

pellant’s Rights” was denied filing by the clerks, which

was a Violation of Legal Rights for the Justices to con-

sider the Motion, as well as for Legal Rights for Plain-

tiff-Appellant who was only trying to Amend Pleadings

for Discovery against respondents Alfred Alphonse Yee’s

1974 income per income tax statements, received in April,

1975 after the April 15, 1975 tax date from Robert Frank-

lin, Respondent who deceptively gave the 1973 income tax

statements of A.A. Yee, et al. This can be explained in

detail if needed.

6. December 22, 1975, “Motion for Judgement on the Plead-

ings for Plaintiff-Appellant Pro Se; Memorandums of

Law in Support of Motion; Affidavit of Plaintiff Appel-

lant Pro Se” was refused filing by the clerks (APPENDIX

“C(5)") which was again Violation of Legal Rights for

Plaintiff-Appellant Pro Se.

. December 23, 1975—A letter was written to the Justices

of Hawaii's Supreme Court to Order Filing of the Dec. 22,

1975 “Motion for Judgement on the Pleadings for Plain-

tiff Appellant Pro Se, Against the Defendants-Appellees,

who all defaulted, “by failure to serve or file a written

statement in opposition to this motion”, which therefore

“may be deemed a waiver of Objection to the granting of

the motion”, and/or the Defendants-Appellees, didn’t

notify the clerks of the Supreme Court of Hawaii, thereby

Defendants-Appellees as Conspirators* Defaulted, ac-

cording to Rule 6(b) of HAWAITS SUPREME COURT

RULES (APP. “C(6)")

8. Orders were filed on:

1) December 30, 1975 at 4:07 p.m., whereof “the judge-

ment of the Tria! Court” was “affirmed” “granting

Defendant's Motion to Dismiss” for case HSC #5949,

2) January 12, 1976 at 3:46 p.m., whereof “Petition for

Rehearing for case HSC #5949, filed Jan. 5, 1974

“was denied” “without argument, and

~~

3) January 12, 1976, at 4:23 p.m. whereof “Motion to

Consolidate Appeals against Conspiracy for Preju-

diced Persecution by Malicious Abuse of Judicial Pro-

cess for Deprivation of Income and Legal Rights for

*page 3

ae

a ee ee

ee ee ee ee ee ee ee ee |

ee

Plaintiff Appellant” and “Motion for Judgement on

the Pleadings, filed December 5, 1975” were “denied

without arguments” for all cases; excluding HSC

#6102, which was docketed January 29, 1976 and there-

fore was not included earlier, AND wherefore, these

Orders are appended as follows in APPENDIX “A(1)”.

But by then, the Respondents as Defendants-Anpellees still

had Not Opposed the “Motions” of Dec. 5, 19/5; THERE-

FORE, ALL of the RESPONDENTS AS DEFENDANTS-

APPELLEES DEFAULTED for JUDGMENTS ON THE

PLEADINGS FOR PETITIONER PROSE AS PLAIN-

TIFF APPELLANT PRO SE against the Order Denying the

“Motion to Consolidate, etc.” and/or the “Motion for

Judgement on the Pleadings against Hawaii's Courts’ Ille-

gal Malicious Prosecution against Petitione? as Plaintiff Ap-

pellant Pro Se who was the injured and/or aggricved party,

and therefore was the “prosecutor”, not Defendants-Appei-

lees, as Respondents, who acted as [legal Prosecutors. This

is bad enough, but for “the Court” then also denied “Judge-

ment on the Pleadings” for Plaintiff Appellant Pro Se for

Restitution for Merit of Monetary Claims for same Petitioner

Pro Se, who hereby Demands Summary Judgement against

ALL Respondents as Defendants-Appellees, per EXHIBITS

FOR RESTITUTION.

Petitioner hereby challenges these Judgements of Ha-

waii’s Supreme Court, according to HAWAII'S SUPREME

COURT RULES:

1) Rule 16.1, for the Jurisdiction of the Hawaii Supreme

Court for discipline and/or Jurisdiction for control of

its court proceedings, but to deny a good capable

American woman as Plaintiff-Appellant Pro Se, who

pleads against the lower Courts’ Prejudiced Judicial

Persecution, Malfeasance, Impropriety, Malicious A-

buse of Judicial Process as Delay for Coercion for Non-

assertion of Legal Rights for Petitioner who Appealed

against all of this? AND/OR

2) Rule 16.2, for the HAWAII SUPREME COURT

RULES’ CODE OF PROFESSIONAL RESPONSI-

BILITY”, which “shall govern the conduct of all at-

torneys subject to discipline under this Rule”, specifi-

cally for the CODE’S ETHICAL CONSIDERA-

15

ree ens Mn ners

9.

10.

12.

TION’S EC7-22; (STATUTES APPENDED) and with

respect for its ETHICAL CONSIDERATIONS’ EC7-

21. (STATUTES APPENDED) against malicious abuse

of Judicial Process

January 9, 1976—letter of Appeal for help for case HSC

#6102 against deliberate blatant “Swindle” or Deprivation

of Income for Plaintiff Appellant Pro Se as Petitioner. (AP-

PENDIX “B(8)(a)”)

January 20, 1976-—-“Motion for Amendment of Exhibits for

Restitution for Damages Suffered by Plaintiff Appellant Pro

Se; Memorandums, Arguments, and Exhibits; Affidavit of

Plaintiff-Appellant Pro Se,” for the “Consolidation” was

presented for filing; but it was refused filing by the clerks,

who said “the Court” could consider it later, whereby it was

considered and then filed January 21, 1976. (APPENDIX

“C(7)")

. January 21, 1976—‘“Motion for New Trial (for HSC #5949)

and or in the Alternative, Motion for Relief from Order of

January 12, 1976, Denying Petition for Rehearing: Memo-

randums, Arguments, and Exhibit in Support of Motion; Af-

fidavit of Plaintiff Appellant Pro Se was refused filing by

the clerks, but it was timely, according to Rule 59 of HA-

WAII'S RULES OF CIVIL PROCEDURE, and/or FED-

ERAL RULES OF CIVIL PROCEDURE against the Order

of Jan. 12, 1976, denying Petition for rehearing, filed Jan.

5, 1976. (APPENDIX “C(8)"— Motion only-cover and Mem-

orandums, etc. not included)

January 22, 1976—letter to the Justices to Order the “Mo-

tion” of January 21, 1976 to be filed, for case HSC #5949

whereby the “Motion” was refused filing after it was sup-

posedly “considered by the Court”, which was in Violation

of Legal Rights for Plaintiff-Appellant Pro Se for Assertion

of Legal Rights for same Petitioner Pro Se. (APP. “C(8-2)”)

. February 3, 1976—“ Motion for Summary Judgement and / or

Judgement on the Pleadings; Memorandums, Arguments

and Exhibits in Support of Motion; Affidavit of Plaintiff Ap-

pellant Pro Se” for case HSC#6102, was denied filing by the

clerks of the Supreme Court for no reason given. A letter

was written and together the “Motion” and the letter was

left to be considered b, the Justices, of Hawaii's Supreme

16

ee Me ee he ote Mee he eS eet ee ee

Ri Oe RE OO Owe

Se et eee

15.

Court, who denied filing of the Motion and Letter, against

“euslavement”. This was a proper “Motion” and/or Appeal

for help against the lower Family Court’s Judicial “financial

enslavement” by Judge B.M. Vitousek’s February 2, 1976,

filed “Eleventh Supplemental Decision”. It could have been

considered, eliminating working on another Opening Brief

of HSC #6102, due March 29, 1976, filed March 2, 1976. This

case HSC #6102 has teen pled as case HSC #5930 from Au-

gust 26, 1975’s Opening Brief for #5930, until dismissed by

Decision and Order for Prematurity on November 3, 1975,

at 6:08 p.m., whereby “Petition for Rehearing”, filed No-

vember 5, 1975 at 3:52 p.m. was denied on Nov. 17, 1975 at

2:57. (APPENDIX “B(4)” letter only—“Motion” not in-

cluded)

. Order filed Feb. 13, 1976, at 3:47, denied Appellant's “Mo-

tion for Amendment of Exhibits for Restitution for Damages

Suffered” for the “Consolidation of Appeals” whereby more

evidence of Alfred A. Yee, et al’s Deception or Alfred A.

Yee’s attorney Edward Chun, et al’s PERJURY for Decep-

tion for Swindle or Deprivation of income for Plaintiff-Ap-

pellant Pro Se as Petitioner, for the Justices could have con-

sidered Summary Judgement or Judgement on the Plead-

ings as pled for same Petitioner for Complete Settlement as

Equitable Settlement. (APPENDIX “C(9)”)

Order filed February 13, 1976 at 3:47, denied “Appellant's

Motion to Grant an Injunction During Pendancy of an Ap-

peal, filed on January 26, 1976, being legally defective on its

face,” was “denied without argument”. This Motion was

proper, for Plaintiff-Appellant who hereby challenges the

decision or Order of Hawaii's Supreme Court; for Petitioner

as Plaintiff-Appellant once helped build up the name and

person of Petitioner's ex-husband, Alfred A. Yee, Respon-

dent, who does owe Petitioner a Complete Settlement as

Equitable Settlement, per Restitution of APP. “AXE” and

APP. “AFT” of the Opening Brief HSC #6102 and hereby

appended as APPENDIX “E(i)”, for Petitioner Pro Se

against Judicial “financial enslavement” or Judicial “invol-

untary servitude”, as lending money at no percentage inter-

est, whereby no amount of Pleading seemed to get through

to “the Courts”, who ignored any plea for money or tem-

porary Relief, wherefore there was no recourse than to bor-

row money for 10%, whereof Petitioner should not need to

17

16.

17

do this, which ts cruel and unusual punishment against Peti-

tioner Pro Se, Janice Ching Yee, who never committed adul-

tery, crime, or deliberate sin. (APPENDIX “B(9)”)

Order filed February 13, 1976 at 3:48, “denying Appellant's

Motion for Reconsideration of Orders of January 12, 1976

denying “Motion to Consolidate Appeals Against the Con-

spiracy for Prejudiced Persecution for Malicious Abuse of

Judicial Process tor Deprivation of Income and Legal Rights

for Plaintift-Appellant” and or “MOTION FOR JUDGE-

MENT ON THE PLEADINGS” per Rule /2(c) of HA-

WAITS RULES OF CIVIL PROCEDURE and/or FED-

ERAL RULES OF CIVIL PROCEDURE, AND/ORSUM-

VARY JUDGEMENT per Rule 56(a) of THESE RULES.

This Order was after Plaintiff-Appellant Pro Se’s letter of

December 23, 1975, to the Justices, with a request to

GRANT AND ORDER JUDGEMENT ON THE PLEAD-

INGS against the Defendants Appellees as Respondants,

who ALL Defaulted. (APPENDIX “C(10)") How come the

Court didn’t consider Respondents’ (as Defendants Appel-

lees) DEFAULT?

?.On February 17, 1976, “Objections to Orders of Feb. 13,

1976, Denying Reconsideration of the Dec. 5, 1975 “Motion

to Consolidate Appeals, etc. and or Orders Denying Amend-

ments of Exhibits for Restitution; Motion to Alter Order of

February 13, 1976, or Retrial of all cases, Memorandums,

etc.; Affidavit of Plaintiff Appellant Pro Se, was denied fil-

ing by the clerks, who said it was denied filing by “the

Court”, not divulging names of “the Court” in the back

rooms, who then were also in Violation for Coercion of Non-

assertion of Legal Rights for Plaintiff-Appellant Pro Se as

Petitioner for Respondents’ Default including Alfred Al-

phonse Yee, et al, and or Edward Chun, et, who were the

co-instigators and/or perpetrators of the Conspiracy*, al-

though their names were not mentioned in the title, since

they were dismissed earlier and refused inclusion by the

clerks. Their attorneys received copies of these “Motions”,

whereby Pleadings against them, were included. The “Mo-

tion to Consolidate, etc.”, filed Dec. 5, 1975, was denied fil-

ing earlier by the clerks, and/or “the Court” unless the

names of Alfred Yee et al and, or Edward Chun, et al were

deleted from the title. (APPENDIX “C(!1)”)

*page 3

1%

mf

p— “> ee ee ee ee ee ee eee)

18.

19.

February 17, 1976—“Objection” and/or Motion to Recon-

sider” “Order of Feb. 13, 1976” for HSC #6102, HSC #5924,

and HSC #6008 was refused filing by the clerks which was

again Violation of Petitioner's Legal Rights, against the

clerks’ Conflict and/or the Conflict of “the Court” for Con-

tributory Conspiracy for Coercion of Non-assertion of Lega!

Rights and Income for Plaintiff-Appellant (APPENDIX

“B(8)(b)"); (APP. “C(13)"); and (APP. “C(14)”)

February 20, 1976—“Motion for Temporary Monetary Relief

Memorandums, Arguments, and Exhibit in Support; Affi-

davit etc.” for case HSC #6102 was denied filing by the

clerks; then denied by “the Court” on Feb. 20, 1976; then

March 2, 1976. This unfiled “Motion for Temporary Mone-

tary Relief” included a request for the Justices to Order fil-

ing of “Objection, etc., and/or Motion to Reconsider, etc.”

for:

l)the “Consolidation” of the cases named in the Dec. 5,

1975 “Motion to Consolidate Appeals Against Conspir-

acy”

2) case HSC 5924

3)case HSC 6008

4) case HSC 6102

The note of denial by clerk Suzuki, was Illegal Violation of

Assertion of Petitioner's Legal Rights, according to HA-

WAIT SUPREME COURT RULES, Rule 16.1 and Rule 16.2

and/or HSCR’s CODE OF PROFESSIONAL RESPONSI-

BILITY’S ETHICAL CONSIDERATIONS, specifically

EC7-21, against Malicious Abuse of Judicial Process for

Non-assertion of Legal Rights for Petitioner Pro Se for the

U.S. Constitution and all of its Amendments, specifically

Amendment One (1) for Equal Freedom and/or Equal Pro-

tection by Law for Freedom and/or Amendment Six (6) fora

“fast trial”, unhampered by Delay as Obstruction of Justice

for Petitioner Pro Se hereby is appended. (APPENDIX “D

(6)"—the note only) The Motions of Feb. 17, 1976, not in-

cluded. were due Feb. 19, 1976, so Petitioner as Appeilant

won't lose the Appeal. Petitioner’s intentions are good for

the filing of these Objections and Motions, as can be evi-

denced by signed receipis from each of Respondents as Ap-

pellees’ lawyers, dated Feb. 20, 1976, for the “Motion for

Iemporary Relief’, (because of the “Consolidation,” they

19

20.

each received a copy) AND/OR certified mail receipts for

the Feb. 17, 1976 “Motions” (APP. “B(5)") THESE “MO-

TIONS” ALL WERE AGAIN PRESENTED, TO BE

FILED “NUNC PRO TUNC” DATE OF MOTIONS, AT

THE MARCH 9, 1976 HEARING of the six cases in Ha-

waii's Supreme Court against:

Kokernak, HSC #5971

Hogan, et al, HSC #597]

Adams, et al, &/ or Nagahisa, et al, HSC #5924

Nickelsen, et al, HSC #5969

Vitousek, et al, HSC #6008

Koshiba &/or the Hawaii Bar Assoc., HSC #5970

February 23, 1976-—being unsuccessful earlier in obtaining a

date for the Notice of Motion, it was deleted out of the “Mo-

tion to Strike Judge Vitousek’s Eleventh Supplemental De-

cision; Motion for Summary Judgement OR Judgement on

the Pleadings for Appellant as Petitioner, both “Motions”

“Nunc Pro Tunc” as of Feb. 2, * (Really Feb. 3, excuse this

inadvertant mistake) 1976 Pleading to Hawaii's Supreme

Court and this was filed at 9:32 a.m., using the unfiled Feb.

3, 1976 Pleading to Hawaii's Supreme Court as Exhibit “A”

for this “Motion”. As Plaintiff-Appellant Pro Se, I try to do

the best I can to present my Pleadings for Judgement by Ha-

waii’s Courts, who don’t seem to hear me right or seem to be

personally against me, for | reaily try for a “fast determina-

tion” of this case FC-D #81258, HSC #5930, and/or HSC

#6102, whereby FC-D #81258 should be completed against

the lower Family Court’s Judge B. M. Vitousek’s Malfeasant

Conflict as a Conspirator* for Prejudiced Persecution by

Malicious Abuse of Judicial Process by Eleven Supplemen-

tal Decisions and/or at least five (5) other “orders”, all of

which were for Deliberate Delay for Malicious Injury of

Plaintiff Appellant Pro Se as Petitioner, Pro Se, who hereby

Appeals to the U.S. Supreme Court against this and Malice

by Judge Vitousek and/or the Defendants Appellees as Re-

spondents for Conspiracy for Delay as Harassment through

ELEVEN HEARINGS from Feb. 12, 1973 until March 25,

1976 as the last Hearing, which could have been stipulated

for Non-hearing or Rather for Judgement on the Pleadings,

according to Rule 12(c) of HR of CP. as pled earlier and/or

*page 3

20

Tt et a SO pee i ew

ee ee ee se ee pe ee ee Se

ee ee Or RS ee eee ee ee eee

21.

22.

23.

24.

throughout most of the Hearings for Complete Settlement

as Equitable Settlement, and/or as the most feasible solu-

tion for the divorced couple, as pled and will This Court

please excuse the persistence by Petitioner Pro Se who

thinks 1 AM RIGHT, against coerced destruction by coerced

incompetancy by defamation for coerced ignominy by co-

erced destitution Libel, and slander by coerced non-asser-

tion of Legal Rights for Plaintiff-Appellant Pro Se as Peti-

tioner Pro Se, who hereby APPEALS to This U.S. Su-

preme Court for Help; for I cannot afford $5000.00 as a re-

tainer fee for Legal help and | have appealed to more than

100 local lawyers as members of the Hawaii Bar Association

for help, but nobody would help on a contingency basis

(APPENDIX “B(6)”)

February 27, 1976--Order by HSC, denying Assignment of

HSC #5930, the number of the original Appeal for case FC-

D #81258, to case HSC #6102, filed Feb. 11, 1976. (APP.

“Bi 7)")

March |, 1976-—note of denial by “the Court” signed by Ed.

K. Suzuki. (APPENDIX “B(5)”)

March 2, 1976--Opening Brief for HSC #6102 is filed, and

hereby is appended, the Indices for the Record on Appeal

and Supplemental Records AND additions supplied by Peti-

tioner Pro Se for conformity to the evidence against Viola-

tion of Legal R -hts for Petitioner for assertion of Legal

Rights for Plaintiff Appellant Pro Se as Petitioner Pro Se.

(APP. “B(3)”)

March 2, 1976-—Notice of hearing was set for cases Yee vs.:

Kokernak, HSC NO. 5943

Hogan, et al, HSC NO. 597]

Vitousek, et al, HSC NO. 6008

Nagahisa, et al, &/or Adams, et al, HSC NO. 5924

Nickelsen, et al, HSC NO. 5969

Koshiba &/or the Hawaii Bar Association HSC NO. 5970

to be argued and heard on March 9, 1976, from 9:30 to 10:30

a.m. whereby Koshiba’s case was to be heard at 10:30 a.m.

This was an hour and a half accorded for five (5) cases,

which ordinarily should be argued for 2'4 hours, a half hour

each case, allowing each side 15 (fifteen) minutes minimum.

(APP. “D(1)(a to fy")

21

25. March 5, 1976- letters of acknowledgement were mailed by

certified mail after the Hawaii's Supreme Court’s clerks re-

fused to accept the letters, which gave a clearer picture of

“Motions” to be argued in the Hearing of March 9, 1976.

These were received on March 8, 1977, then filed, where-

upon clerk Makikau made the comment publicly on March

9, 1976, “the Court had to xerox 5 copies”, which never hap-

pened before or was never requested before. This extra ex-

pense of certified mail to get a letter receivea by the Courts

is also a small example of coercion of spending for extra un-

necessary expenses for the Defamation as a coerced “spend-

thrift”, which is Respondent Alfred A. Yee’s fault and not

Petitioner Pro Se’s against Alfred A. Yee who would pay a

tax counsel $5,723.00 to deprive Alfred's ex-wife Petitioner

Janice C. Yee of $1250.00 which would have been spent on

Alfred’s or Janice’s children. ((APP. “B(8)(a)”)(unfiled))

(APPENDIX “D(2)(a to f)”)

. March 8, 1976--another letter of acknowledgement (APP.

“D(3)") was presented for filing, marked “Received”,

March &, 1976, but not approved by the Justice whereby Jus-

tice Bert T. Kobayashi, who reclused himself out of Koshi-

ba's case for consanguinity, because Kobayashi Junior ts

Koshiba’s partner of Law, however refused to recluse him-

self out of the other eight (8) cases of the Conspiracy, al-

though Justice Baird Kidwell reclused himself out of all

cases because of his consanguinity for once having worked

for Goodwill, Anderson, and Quinn, attorneys for Edward

Chun, et al, Respondents of USSC NO. 75-1143, filed Feb.

12, 1976, wherefor Petitioner Pro Se hereby Appeals to This

U.S. Supreme Court to include this case USSC NO. 75-1143

as a party to This Joint Petition, whereby all Pleadings can

conform against all Respondents of the Conspiracy for Pre-

judiced Persecution by Malicious Abuse of Judicial Process

for Judicial “financial enslavement” and/or Judicial “invol-

untary servitude” by Deprivation of Income and Legal

Rights for Petitioner Pro Se, against the refusal of Justice

Bert T. Kobayashi to recluse himself, but he voted and

signed the Order, dated October 6, 1975 denying “Motion

for Reconsideration of Order of September 9, 1975, and/or

Motion for Summary Judgement for Plaintiff-Appeliant,

filed September 11, 1975.” This can be found in Appendix

“A” of case USSC #75-1143 of Yee vs. Chun, et al. wherefor

Kobayashi’s Conflict for Dismissal of the cases so Respon-

22

54

27.

dent Koshiba’s case can be dismissed can be confirmed

should Justice Bert T. Kobayashi’s voting record be nega-

tive; for Respondent as Defendants-Appellees Edward Chun,

et al conducted a harmful defense for Malicious Injury of

Petitioner Pro Se, whose inadvertance forgot to mention this

in the Pleadings for case USSC #75-1143; and may these

Pleadings be considered part and parcel of ALL cases.

APP.“D(3)”

arch 9, 1976— Hearing for Yee vs.:

Kokernak, HSC #5943

Hogan, et al, HSC #5971

Judge B.M. Vitousek, et al HSC #6008

Adams et al, &/or Nagahisa et al, HSC #5924

Nickelsen et al, HSC #5969

Koshiba &/or Hawaii Bar Association HSC #5970

whereof the testimony for Petitioner Pro Se was prepared

and/or read verbatim, expecting the worse and/or hoping

for the best for a fast Order for Judgement on the Pleadings

for Plaintiff-Appellant Pro Se OR even a fast Order for

“Temporary Monetary Relief” for money Petitioner should

not have been deprived of for 1975 (APP. “B(8)(a)”) since

the alimony was 2/3 of fixed expenses. It was and is so small.

It was only a check for $1250.00 which would have satisfied

a number of debts until Complete Settlement for Plaintiff

Appellant Pro Se who cannot understand the lower Courts

of Hawaii OR the Defendants-Appellees who are destitute

of compassion for Petitioner who didn’t deserve coerced

destitution. Presented to Hawaii's S.C. Justices to Order the

previously mentioned “Motion for Temporary Monetary Re-

lief” to be filed at this Hearing of March 9, 1976, was also

included as mentioned “Motions” dated Feb. 17, 1976 for:

“Objection, etc. and/or Motion to Reconsider, etc.” for:

1)the “Consideration” of the cases named in the Dec. 5,

1975 “Motion to Consolidate Appeals Against Con

spiracy.”

2)case HSC NO. 5924

3)case HSC NO. 6008

4)case HSC NO. 6102

Also included were signed receipts acknowledging receipt of

this Feb. 20, 1976 “Motion for Temporary Monetary Relief”,

which included the “Objections and Motions” for Feb. 17.

1976 above, and certified receipts (APP. “D(4)”) for these

Feb. 17, 1976 “Objections” and “Motions” mentioned above,

for Petitioner's good intentions to Appeal or not lose the Ap-

23

28.

30.

peal. The Civics Class of teachers Mrs. Conquest and Mrs.

Ogasewara of Aiea High School are witnesses who were

present as observers for the Hearing. Hereby are appended

“Exhibits for Restitution asked for against Respondents

who were all “Guilty”, according to the ENCYCLOPEDIA

of NEGLIGENCE (vol. #2) page 1147 (sec. 409) and) or

page 1159 (sec. 410) for Jillson Vs. Caprio, “ANYONE

WHO AIDS A FALSE ARREST IS GUILTY!” OR tor

Judgement on the Pleadings for Plaintiff Appellant Pro Se

as Petitioner Pro Se against Defendants Appellees (Respon-

dents) who al// Defaulted. (APP. “C(12)") All of this has

been mentioned in the Pleadings for Petitioner Pro Se.

Marci 19, 1976—-a letter requesting a copy of transcript was

denied filing or unreceived by the clerks, which was again

Violation of Petitioner's Legal Rights, whereof although ar-

gued it was against HRS+, Chapter 622-19, (STATUTES

APPENDED) they still persisted. The clerks said the Bailiff

made the tapes for “the Court’s” use and upon argument

said “what if it was erased?”, wherefore Petitioner Pro Se

hereby pleads for the U.S. Supreme Court to Direct Ha-

waii’s S.C.+ on this matter of copies of Transcripts for ac-

cording to Rule 19(1)(b), wherefore Hawaii's S.C. “has so

far departed from the accepted and usual course of judicial

proceedings” and/ “or so far sanctioned such a departure by

a lower court, as to call for an exercise of this Court’s power

of supervision.” May this also apply to filing methods. Also,

Petitioner can supply a copy of my testimony in Cuurt,

whereby it was read verbatim except for a couple of side

comments and a short recess, forgetting Kobayashi was sup-

posed to be reclused for Koshiba, whereof Circuit Judge Ar-

thur Fong substituted for Justice Bert T. Kobayashi for the

case against Koshiba. (APP. “A(3)(b)”) Letter of denial was

received Apr.2, 1976, filed Apr.1, 1976, (APP.“A(3)(6)")

_ March 22, 1976—“Motion for Relief of Judgement” for case

FC-D #81258 was filed in Circuit Court, whereby this case

should have a final Judgement, Order, or Decree, since it

was only a simple divorce case and has been appealed to Ha-

waii's Supreme Court against the “Unequitable Terms ot

the Final Absolute Divorce (Final, and not on Appeal) De-

cree and Child Custody.” (APP. “B(10)”)

March 22, 1976—“Amendment of Motion for Relief of

Judgement for case FC-D, #81258, was also filed and hereby

24

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Se

ae oe. nee ee ee) eee pee er)

Ph ne Ee ee ee

3]

32

appended for Appeal to This U.S. Supreme Court for Peti-

tioner Pro Se against Judge B.M. Vitousek’s Violation of

Petition Pro Se’s Legal Rights to include AMERICAN

CONSTITUTIONAL RIGHTS and all AMENDMENTS,

in particular AMENDMENT ONE (1) for FREEDOM and

or AMENDMENT SIX (6) for a fast and speedy trial, and

include all amendments specifically mentioned in this Joint

Petition for Writ of Certiorari. (APP. “B(10)”)

. March 23, 1976—“Motion to Amend Opening Brief” was

filed in Hawaii's Supreme Court for Case HSC #6102, to in-

clude the March 22, 1976 “Motions” (both) filed in the Fam-

ily Court of the First Circuit Court of Hawaii, and hereby

appended for a faster determination of This case (FC-D

#81258, which does not have a final Judgement yet) HSC

#6102 pending the possibility of a Judgement on the Plead-

ings for Petitioner Pro Se for This United States Supreme

Court to Order it if Petitioner’s Pleadings please This Su-

preme Court of the United States for Judgement on the

Pleadings for $3 million for Petitioner Pro Se, Janice Ching

Yee to set a precedent for Complete Settlement for any cap-

able American woman as Petitioner as Plaintiff-Appellant

Pro Se, who once helped build up the name, reputation, and

company of Petitioner’s ex-husband Respondent Alfred Al-

phonse Yee, et al. (APP. “B(!0)") and (APP.“E(1)"’)

March 25, 1976—Hearing was heid in the lower Family

Court for case FC-D #8158, at 2 p.m. for the “Motions” of

March 22, 1976, whereof the Hearing could have been fore-

gone and or Judgement on the Pleadings for Plaintiff (Ap-

pellant) Pro Se Janice Ching Yee really could have been the

most generous gesture on the part of Defendants (Appellees)

Altred Alphonse Yee et al, or on the part of the poor Judge

B.M. Vitousek, who already had called ten previous Hear-

ings, wherefore this judicial “enslavement” seems to de-

crease income and legal rights after each Hearing for Plain-

tiff (Appellant) Pro Se as Petitioner who cannot seem to find

recourse and already dread the answer to be given in a

week. The answer could have been given in the Hearing

since the Judge read both of the “Motions” and all of the

Pleadings previously. (APP. “B(10)")

THEREFORE, THEJURISDICTION OF THIS COURT

has been invoked, since, according to the UNITED

STATES SUPREME COURT RULES, Rule 1%1)(a & b):

“(a) Where a state court has decided a federal ques-

25

tion of substance not theretofore determined by

this court, or has decided it in a way probably not

in accord with applicable decisions of this court.

“(b) Where a court of appeals has rendered a decision

in conflict with the decision of another court of ap-

peals on the same matter; or has decided an impor-

tant state” “question in a way in conflict with ap-

plicable state” “law; or has decided an important

question of federal law which has not been, but

should be, settled by this court; or has decided a

federal question in a way in conflict with applicable

decisions of this court; or has so far departed from

the accepted and usual course of judicial proceed-

ings, or so far sanctioned such a departure by a

lower court, as to call for an exercise of this court's

power of supervision.”

whereby Petitioner's Joint Petition for a Writ of Certiorari

can be reviewed by This Court, for Supervision.

The Jurisdiction of This Supreme Court of the United

States also reside on the FEDERAL RULES OF CIVIL

AND APPELLATE PROCEDURE, Chapter 133, Title 28,

Section 2101(c); THE U.S. SUPREME COURT RULES,

Rule 19(1 fa & b), Rule 22(3), Rule 23, specifically, not

exclusively Rule 23(5), and/or Rule 24(5).

PETITIONER PRO SE hereby Petitions to This Court

for a Writ of Certiorari in the above captioned cases for a

Show Cause Order also, whereof, this Petitioner hereby

prays that an Order be issued directed to the said Honor-

able Supreme Court of Hawaii, requiring it to Show Cause

in This Court of the United States, at a time to be desig-

nated by This Court for:

ill. QUESTION: WHY DOESN'T HAWAII SUPREME

COURT BELIEVE IN JUSTICE FOR

PLAINTIFF-APPELLANT PRO SE, as

Petitioner, JANICE CHING YEE?

|. Why does it not direct a new Judgement end or va-

cate the Judgement below?

2. Why does it not Review and or Reconsider the Hawaii

Supreme Court’s own Orders, which were in Reversi-

ble FRROR?

3. Why does it not Grant the “Motion to Consolidate Ap-

peals Against Conspiracy for Prejudiced Persecution for

Malicious Abuse of Judicial Process for Deprivation of

26

— 7

es er ee eet en we een ee Tee

os ee ek ot Lae

wn

10.

Income and Legal Rights for Plaintiff-Appellant; MO-

TION FOR JUDGEMENT ON THE PLEADINGS:

Memorandums, etc.?” (APPENDIX “C(3)”)

. Why aren't the Justices consistent about reclusal?

. Why doesn’t Hawaii’s Supreme Court Order Reversal

OR, VOID the lower Circuit Court Judge N. Kawa-

kami’s VOID PREJUDICED JUDGEMENTS, instead

of affirming the lower court’s judgements?

. How can a Judge sit in Judgement and not-be a member

of the Hawaii Bar Association?

. Why doesn’t Hawaii’s Supreme Court believe in

the UNITED STATES CONSTITUTION AND

ITS AMENDMENTS FOR PETITIONER PRO SE.

. Why doesn’t Hawaii's Supreme Court believe a woman

from Hawaii can set a precedent for Hawaii for Com-

plete Settlement for Equitable Settlement for a Good

Woman for Final Absolute Divorce of 20 years of mar-

riage and five (5) legitimate children to Petitioner Pro

Se Janice Ching Yee (for the record) who never com-

mitted adultery, crime, or deliberate sin?

. Why does it deny a copy of the Transcript or tape of the

Court proceedings of any case in Hawaii's Supreme

Court?

Why don’t the Justices contro! the clerks and their deci-

sions to file or not file by “the Court” and/or who is

“the Court”

27

IV. STATUTES INVOLVED

HAWAIPS SUPREME COURT WAS WRONG and com-

mitted harmful, prejudiced, reversible ERRORS by af-

firming the lower Circuit Court Trial Court’s Decision,

Judgement, and Order in case HSC #5903, docketed, and

Pending Appeal as case USSC 75-1143; and/or case HSC

#5949, presented for Appeal this day. The STATUTES IN-

VOLVED for the aforementioned cases and the following

seven (7) cases: Janice Ching Yee vs.:

1) Alfred Alphonse Yee, HSC #6102

2) Stephanie Kokernak, HSC #5943

3) Robert Hogan, et al, HSC #5971

4) Judge B.M. Vitousek, et al, HSC #6102

5) Nagahisa, et al, & or Adams, et al, HSC #5924

6) Harold Nickelsen, et al, HSC #5969

7) Koshiba &/ or the Hawaii Bar Assoc., HSC #5970

are on Appeal in Hawaii's Supreme Court and hereby Ap-

pealed to This Supreme Court of the United States are:

|. THE UNITED STATES SUPREME COURT RULES:

1) Rule 20, whereof “a writ of certiorari to review a case

pending in a court of appeals, before judgment is giv-

en in such court. will be granted only upon a showing

that the case is of such imperative public importance

as to justify the deviation from normal appellate pro-

cesses and to require immediate settlement in this

court.”

2) Rule 19(1) (a & b), whereof “Il. A review on writ of

certiorari is not a matter of right, but of sound judicial

discretion, and will be granted only where there are

special and important reasons therefor. The following.

while neither controlling nor fully measuring the

court's discretion, indicate the character of reasons

which will be considered:

(a) Where a state court has decided a federal question

of substance not theretofore determined by this

court, or has decided it in a way probably not in

accord with applicable decisions of this court.

(b) Where a court of appeals has rendered a decision

in conflict with the decisions of another court of

appeals on the same matter: or has decided an

important state” “question in a way in conflict

with applicable state” “law; or has decided an im-

portant question of federal law which has not

28

ee ee he eS ee ee ee oT eee

Oe re a OB Ort ese es Oe

A ere COA Re noe ag tt OF sh

RBA. Ln eee Bi»

been, but should be, settled by this court; or has

decided a federal question in a way in conflict

with applicable decisions of this court: or has so

far departed from the accepted and usual course

of judicial proceedings, or so far sanctioned such

a departure by a lower court, as to call for an

exercise of this court’s power of supervision.”

3) Rule 23 in its entirety, whereof specifically:

“5. Where several cases are sought to be reviewed on

certiorari to the same court that involve identical

or closely related questions, it shall suffice to file

a single petition for writ of certiorari covering all

the cases.”

4) Rule 24, #5. specifically, according to the discretion

of the Justices of This Honorable Supreme Court of

the United States:

“5. Any party may file a supplemental brief at any

time while a petition for a writ of certiorari is

pending calling attention to new cases not” pre-

sented “at the time of his last filing.”

2. HAWAITS SUPREME COURT RULES:

1) Rule | (a) (1):

“(a) Applicability of Other Court Rules: Definitions.

(1) The Hawaii Rules of Civil Procedure, the Hawaii

Rules of Criminal Procedure, the District Court

Rules of Civil Procedure and the District Court

Rules of Penal Procedure are hereby adopted as

a part of these rules whenever applicable.”

2) Rule 2(d): “Consolidation. When cases involving a

common question of law or fact are pending be-

fore the court, it may order a joint argument and

make other orders concerning proceedings to

avoid any unnecessary costs or delay.”

3) Rule 6(b):

“6. MOTIONS.

(b) Time. A copy of the motion shall be served on

opposite party not less than 10 days before the

hearing, unless otherwise ordered by the court.

The moving party shall serve and file with his mo-

tion a brief written statement of reasons in suppert

of the motion and the authorities on which he re-

lies. The adverse party, if he intends to oppose the

motion, shall serve and file a brief written state-

29

ment of reasons in opposition to the motion and

the authorities on which he relies in such manner

that they will be received not later than 5 days

after he has been served, or earlier if ordered by

the court. Failure to serve or file a written state-

ment in opposition to a motion, or failure to ap-

pear at the hearing may be deemed a waiver, of

objection to the granting” “of the motion. A party

who does not oppose a motion shall notify the

clerk and opposing counsel promptly.

4) Rule 16. #16.1 and #16.2:

“RULE 16. DISCIPLINARY RULES.

16.1 Jurisdiction. Any attorney admitted to practice

law in this State and any attorney specially ad-

mitted by a court of this State for a particular pro-

ceeding is subject to the exclusive disciplinary

jurisdiction of the supreme court and the Board

hereinafter established. Nothing herein contained

shall be construed to deny to any court such pow-

ers as are necessary for that court to maintain

control over proceedings conducted before it,

such as the power of contempt, nor to prohibit

any bar association from censuring+ a member or

suspending or expelling a member from member-

ship in the as,ociation.”

+This is against Amendment | of the United States

Constitution for FREEDOM OF SPEECH AND

OR PRESS AND/OR PETITION against Mali-

cious Abuse of Judicial Process.

16.2 Grounds for Discipline.

(a) The Code of Professional Responsibility, at-

tached hereto as Exhibit A, as amended by this

court, shall govern the conduct of all attorneys

subject to discipline under this Rule.

(b) +Acts or omissions by an attorney which vio-

late the Code of Professional Responsibility

shall constitute misconduct and shall be

ground for discipline, whether or not the act

or omission occured in the course of an attor-

ney-client relationship.”

+THIS against Respondents Hogan, et al, and/or

30

ae ey .

— ee Pn Pee re 'F re eee a or Chines bd sited Ge git —T es

se

Respondents Koshiba and/or the Hawaii Bar As-

sociation.

A.“THE CODE OF PROFESSIONAL

RESPONSIBILITY’S ETHICAL CONSIDERATIONS:

1) EC2-27:

2) “EC2-28:

3) “EC2-30:

4)“EC7-2.

5) “EC7-22:

“Regardless of his personal feelings, a

lawyer should not decline representations

because a client or a cause is unpopular or

community reaction is adverse.”

The personal preference of a lawyer to avoid

adversary alignment against judges, other

lawyers, public officials, or influential mem-

bers of the community does not justify his

rejection of tendered employment.”

Employment should not be accepted by a

lawyer when he is unable to render compe-

tent service or when he knows or it is obvi-

ous that the person seeking to employ him

desires to institute or maintain an action

merely for the purpose of harassing or mali-

ciously injuring another.”

The civil adjudicative process is primarily

designed for the settlement of disputes be-

tween parties, while the criminal process is

designed for the protection of society as a

whole. Threatening to use, or using, the

criminal process to coerce adjustment of

private civil claims or controversies is a sub-

version of that process; further, the person

against whom the criminal process is so

misused may be deterred from asserting his

legal rights and thus the usefulness of the

civil process in settling private disputes is

impaired. As in all cases of abuse of judicial

process, the improper use of criminal pro-

cess tends to diminish public confidence in

our legal system.”

Respect for judicial rulings is essential to

the proper administration of justice: how-

ever, a litigant or his lawyer may, in good

faith and within the framework of the law,

take steps to test the correctness of a ruling

of a tribunal.”

3] oa

3.

2) “551-27

3) “551-30

4) “551-31

VAITS REVISED STATUTES

Guardians of insane persons and spend-

thrifts; definitions. The words “insane per-

son” include every idiot, onocompos, luna-

tic. and distracted person, and word “spend-

thrift” includes every one who is liable to be

put under guardianship on account of exces-

sive drinking, gaming, idleness, or debauch-

ery. These words shall be so construed in

all the provisions relating to guardians and

wards, contained in this or any other

statute.”

Notice, hearing, and appointment of guardi-

an of insane person. When the relations or

friends of any insane person apply to any of

the circuit court judges to have a guardian

appointed for such person, the judge shall

cause notice to be given to the supposed in-

sane person of the time and place appointed

for hearing the case, not less than fourteen

days before the time so appointed. The

judge shall also cause notice to be given to

the husband, wife, parent, or any child or

children of the supposed insane person if

any there be residing within the jurisdiction

of the court.”

Guardian of spendthrift, petition for. When

any person by excessive drinking, gaming,

idleness, or debauchery of any kind, so

spends, wastes, or lessens his estate, as to

expose himself or his family to want or suf-

fering, his friends or relations may present

a complaint to any of the judges herein-

before mentioned setting forth the facts and

circumstances of the case, and praying to

have a guardian appointed for him.”

Notice, hearing, appointment. The judge

shall cause notice to be given to such sup-

posed spendthrift, of the time and place ap-

pointed for hearing the case, not less than

fourteen days before the time so appointed.

If after a full hearing it appears to the judge

that the person complained of comes within

32

ee ee ee Oe ee eee LT ere Py

hen be an tle Weed

fan Sortrens ee

;

;

;

g

5) “551-34

6) “602-5

7) “605-2

8) “622-19

9) 641-4

the description contained in section 551-30,

he shall appoint a guardian of his person

and estate, with the powers and duties here-

inafter specified.

Expenses of defense of insane person or

spendthrift. When a guardian is appointed

for an insane person or spendthrift, the

judge shall make an allowance to be paid by

the guardian, for all reasonable expenses in-

curred by the ward in defending himself

against the complaint.” +

+Petitioner Pro Se never was a spendthrift,

but even a spendthrift would get more than

2/3 fixed expenses for defense of the charge,

wouldn't they?

Jurisdiction and powers. The Supreme

Court shall have appeliate jurisdiction to

hear and determine all questions of law, or

of mixed law and fact, which are properly

brought before it on exceptions, error, or ap-

peal duly perfected from any other court,

judge, magistrate, or tribunal, according to

law or by reservation of any circuit court or

judge; and original jurisdiction in all ques-

tions arising under writs of error, certiorari,

mandamus, prohibition, and injunction di-

rected to circuit courts, or to circuit judges,

or to magistrates, or other judicial tribunals

and returnable before the supreme court.”

Attorneys; license required.” A person may

also appear “in person before any court, or

justice, and there prosecuting” “his own

cause, without the aid of legal counsel.”

Transcripts of judicial records. A transcript

of any of the records and judicial! proceed-

ings of any court of record or of any judge of

a court of record at chambers, shall be ad-

mitted in evidence upon being authenticated

by the attestation of the clerk of the court

with the seal of the court annexed, or of the

judge before whom the proceedings were

had, with the seal aforesaid.”

Procedure on appeal, supreme court; new

w

w

10) “641-24

evidence. In case of appeal to the supreme

court from a decision, judgement, order, or

decree of a circuit judge in chambers, the

supreme court shall have the power to re-

view, reverse, affirm, amend, modify, or

remand for new hearing, in chambers, such

decision, judgment, order, or decree in

whole or in part, and as to any or all of the

parties. Every such appeal shall be taken on

the record and no new evidence shall be in-

troduced in the appellate court: provided

that the appellate court may, in case evi-

dence is offered which is clearly newly dis-

covered evidence and material to the just

decision of the appeal, admit the same.”

Judgment;” “The supreme court may affirm,

reverse, or modify the order, judgment, or

sentence of the trial court. It may enter such

order, judgment, or sentence, or may re-

mand the case to the trial court for the entry

of the same or for such other or further pro-

ceedings, as in its opinion the facts and law

warrant. It may correct any error appearing

on the record.”+ “order, judgment, or sen-

tence shall be reversed or modified if the

court is of the opinion that error was com-

mitted which injuriously affected the sub-

stantial rights of the Plaintiff.”+

+AMEN.

It may correct any error appearing on the record.”+

order, judgment, or sentence shall be reversed or

modified if the court is of the opinion that error was

committed which injuriously affected the substantial

rights of the Plaintiff."'+

+AMEN.

11) “657-20

Extension by fraudulent concealment. If any

person who is liable to any of the actions

mentioned in this part, fraudulently conceals

the cause of such action from the knowledge

of the person entitled thereto, the action

may be commenced at any time within six

years after the person who is entitled to

bring the same discovers that he has such

34

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Ain Ea, La eA eed set alt ta la OE sues SE BID ae «ms pM SM silat tas

SO tat edd Rs Eta odes

Ae on ws

Mh Say ent’ ane os

i

%

;

i

:

‘

3

<

¥

:

;

12) 634-26

(6)

13) “711-21

14) “7//-22

1S) “7/1/-23

cause of action, and not afterwards.”

Joinder of causes of action. The Plaintiff ina

civil action may unite several causes of ac-

tion in the same complaint when they all

arise out of:”

“(6) Injuries to the person.”

“The causes of action so united shall all be-

long to one only of those classes, and shall

affect all the parties to the action, and they

shall be separately stated; provided, how-

ever, that causes of action belonging to dif-

ferent classes may be so joined when they

arise out of the same transaction.”

Joinder of defendants; accessories, receivers.

Any number of accessories at different times

of the whole or any part or parts of any prop-

erty which at one time have been “taken,

extorted, obtained,” “or otherwise disposed

of in such a manner as to amount toa felony,

may be charged with substantive felonies in

the same indictment and may be tried to-

gether, notwithstanding the principal felon

is not included in the same indictment, or is

not in custody, or amenable to justice.”

Joinder of charges against defendant. When

there are several charges against any person

for the same act or transaction, or for two or

more acts or transactions of the same classes

of crimes or offenses, which may be properly

joined, instead of having several indict-

ments, informations, or complaints, the

whole may be joined in separate counts in

one indictment, information, or complaint.

If two or more indictments, informations, or

complaints are found or entered in such

cases, the court or district magistrate may

order them to be consolidated.”

Misjoinder. No ind‘ctinent shall be quashed,

set aside, or dismissed, nor shall any demur-

rer thereto be sustained for misjoinder of

parties defendant or for misjoinder of of-

fenses charged; and if either defect exists

the court may sever the indictment contain-

35

ing it into separate indictments or into sep-

arate counts as shall be proper.

4. HAWAITS RULES OF CiVIL PROCEDURE OR

THE FEDERAL RULES OF CIVIL PROCEDURE:

1)“Rule 12(c): Motion for Judgment on the Pleadings.

After the pleadings are closed but within such time as

not to delay the trial, any party may move for judgment

on the pleadings. If, on a motion for judgment on the

pleadings, matters outside the pleadings are presented

to and not excluded by the court, the motion shall be

treated as one for summary judgment and disposed of

as provided in Rule 56, and all parties shall be given

reasonable opportunity to present all material made

pertinent to such a motion by Rule 56.”

2) “Rule 56. SUMMARY JUDGEMENT

(a) For Claimant. A party seeking to recover upon a

claim, may, at any time of the expiration of 20 days

from the commencement of the action or after ser-

vice of a motion for summary judgment by the ad-

verse party, move with or without supporting affi-

davits for a summary judgment in his favor upon all

or any part thereof.”

3)"Rule 59. NEW TRIALS; AMENDMENT OF

JUDGMENTS.

(d) On Initiative of Court. Not later than 10 days after

entry of judgment the court of its own initiative

may order a new trial for any reason for which it

might have granted a new trial on motion of a

party.”

4)“ Rule 73. APPEAL TO SUPREME COURT.”

(STATUTES APPENDED)

5. FEDERAL RULES OF CIVIL OR APPELLATE PRO-

CEDURE:

1) Chapter 133:28 (sec. 2101(c)) “Any other appeal or

writ of certiorari intended to bring any judginent or

decree in a civil action, suit or proceeding before the

Supreme Court for review shall be taken or applied for

within ninety days after the entry of such judgment or

decree.”

2) Chapter 133:28 (sec. 2101(e) “An application to the

Supreme Court for a writ of certiorari to review a case

before judgment has been rendered in the court of ap-

peals may be made at any time before judgment.”

36

V.

3) Chapter 133:28 (sec. 2106): Determination. “The Su-

preme Court or any other court of appellant jurisdic-

tion may “:everse any judgment, decree, or order of a

court lawfully brought before it for review, and may”

“direct the entry of such appropriate judgment, decree, .

or order,” “as may be just under the circumstances.”

6. THE UNITED STATES CONSTITUTION AND

AMENDMENTS:

1) AMENDMENT I (STATUTES APPENDED) AND

DISCUSSED+

2) AMENDMENT IV (STATUTES APPENDED) AND

DISCUSSED

3) AMENDMENT VI(STATUTES APPENDED) AND

DISCUSSED

4) AMENDMENT VIII (STATUTES APPENDED) &

DISCUSSED

5) AMENDMENT XIll (STATUTES APPENDED) &

DISCUSSED

6) AMENDMENT XIV (STATUTES APPENDED) &

DISCUSSED

7) AMENDMENT XIX (STATUTES APPENDED) &

DISCUSSED

8) AMENDMENT XXVII(STATUTES APPENDED) &

DISCUSSED

STATEMENT OF THE CASE

A. BACKGROUND

For further explanation of the background of these cases; a

hidden “Conspiracy” was latent in 1967 and was evident in

1968, when Respondents, Alfred Alphonse Yee, ex-husband

of Petitioner Pro Se, Janice Ching Yee, through methods of

false accusations, defamation, deprivation of love, security

or “mental future security”, and/or through threats,

coerced attempted suicide wherefore it was not successful.

The actual Conspiracy began to show in 1971, when Peti-

tioner’s ex-husband Alfred A. Yee, Respondent as instiga-

tor and; or perpetrator obtained a housekeeper by the name

of Stephanie Kokernak, Respondent, as a Contributory

Conspirator, who initially coerced the divorce by Petitioner

Pro Se, who once didn’t believe in divorce, but was not

againsf it. Stephanie Kokernak, the maid was the tool

+in the pleadings.

37

which coerced the divorce, whereby she was employed from

July, 1971 until April, 1972; and then got an extra monihs

wages and loafed rent free at the Marco Polo Apartments:

of which the company Alfred A. Yee & Associates then

owned; for the month of May, 1972. Respondent Kokernak

Perjured in her affidavit, which said she had no idea of the

basis of alleged wrongs which Kokernak commiited. She

was not paid by the Company, and she was told her checks

were drawn out of the joint checking account which was Al-

fred A. Yee and/or Janice C. Yee, against Kokernak who

deliberately refused to take orders written and left taped

daily on the cabinet of the kitchen. Respondent Kokernak

deceptively stole the keys to the car, saying the office said

she was to do the driving. | could drive for | had temporary

insurance and was not under psychiatric care, and had a

clearance by the psychiatrist Lum for driving, whereof once

during about 5 sessions (total visits), Dr. L. ¥. Lum said,

“I know Alfred is sick, but you take the medicine.” These

were his exact words and the medicine was tranquilizer

pills, which does not get to the root of the trouble, Respon-

dent Alfred Yee was sexually mentally ill psychologically.

This is not Defamation, Libel or Slander. Dr. Lum’s attitude

was the opinion of everybody involved in the cases earlier,

which was not fair for Petitioner Pro Se Legal Rights for

Freedom against “illegal restraint” after all for the FJRST

AMENDMENT of the U.S. CONSTITUTION, also

against Respondent Stephanie Kokernak for Illegal Inva-

sion of Privacy as protected by the FIRST AMENDMENT

again, for Petitioner Pro Se as homeowner and/ or property

owner against Respondent Kokernak as a trespasser who

refused to leave although asked to quit and then was fired

so many times by Petitioner, it was unbelievable anybody

could be as crass as Kokernak, Respondent. To feel so help-

less against a bully as a maid and not have any help by ex-

husband Alfred Yee, Respondent, who sided for Kokernak

and not for his ex-wife of 18 years of marriage then, and

mother of his five (5) legitimate children, for as mother,

Petitioner Pro Se Janice Ching Yee; | cannot understand

how come Respondent Alfred Yee didn’t fire Kokernak af-

ter the divorce, if he was righteous, and/or instead how

come he gave Respondent Kokernak work in his Kahala

Apartments? Also, Respondent Kokernak did anything to

stop my writing or literary talent, of which Respondent Al-

38

fred Yee, ex-husband was guilty of previous to this incident.

Other strange incidents which Respendent Kokernak was

Guilty of was, standing in the master bathroom to watch

Petitioner sleep in the bedroom, whereby my back was to

the door, so Stephanie couldn't see Petitioner check the

bedroom clock. It was impossible to feel safe taking a nap

after that. Even the police were called one day to get rid of

Stephanie Kokernak, Respondent, who stole the car keys

and refused to give the keys back or leave. The police lis-

tened to Respondent Kokernak who rushed outside to the

driveway and conversed in low tones to the two officers

who left without listening to my side of the story. How

could Respondent Stephanie Kokernak perjure and say she

did nothing to cause the complaints against her? SHE CO-

ERCED THE DIVORCE.

Petitioner Pro Se hereby Appeals to This Supreme Court

of the United States to Direct and/or Order Summary

Judgement and, or Judgement on the Pleadings for Merits

for Restitution for Petitioner Pro Se Janice Ching Yee

against Respondent Stephanie Kokernak per Exhibit

“KKK” and “KKK-X” (APPENDIX “E(a)”)

By this divorce, Respondents, Edward Chun, et al,

(USSC#75-1143) instigated a Malicious Defense by Con-

spiracy for Prejudiced Persecution by Malicious Abuse of

Judicial Process as coercion for non-assertion of Legal

Rights against coerced ignominy by coerced destitution and

incompetancy by defamation, libel, and slander for Depri-

vation of Income and Legal Rights for Petitioner against

Alfred Alphonse Yee, who threatened to “get” Petitioner,

who divorced Alfred Alphonse Yee for this and physical

violence.

Petitioner Pro Se’s Complaints and/or Allegations

against Respondent Edward Chun et al, was filed earlier

in case USSC+75-1143, whereof Petitioner Pro Se’s Peti-

tion hereby is pending for a Writ of Certiorari from This

United States Supreme Court for a Show Cause Order

whereby it can Direct and/or Order Hawaii's Supreme

Court to Show Cause why it does not believe in Justice for

Plaintiff-Appellant Pro Se as Petitioner Janice Ching Yee

against Respondent Edward Chun, et al, as Conspirators*

who's involvement was to conduct a Malicious Defense for

*page 3.

39

the Defamatory Injury of Plaintiff-Appellant Pro Se, as Pe-

titioner Pro-Se, Janice Ching Yee against ex-husband Al-

fred Alphonse Yee et al, who threatened to “get” Petitioner

who divorced Alfred Yee for this and physical violence. Pe-

titioner’s ex-attorney Robert Hogan et al, Respondents

were told of this coercion for destruction, but treachery as

another instigator and or perpetrator for Conspiracy made

Respondents Hogan et al. Malfeasant. For example, Re-

spondent Robert Hogan et al wrote Edward Chun, et al,

noting Stephanie Kokernak Respondent as harassment, but

Respondent Hogan et al, traitors, refused to assert my

Legal Rights to Order removal of Respondent Stephanie

Kokernak, as Defendant (Appellee) OR, Respondent as De-

fendant Appellee Robert Hogan et al wrote a cognizant co-

herent point blank off the chest straightforward equitable

(for alimony then, which ts out) settlement, whereby both

parties could have been satisfied and or felt honorable as

humans and or as civilized beings. How come Hogan ne-

glected to assert Legal Rights for these points for Petitioner

as Plaintiff (Appellant Pro Se) for the Hearings on Feb-

ruary 12, 1973, whereby Final Absolute was Granted? It

was frustrating to find Respondent Robert Hogan, et al, a

talker who's record looks terrific on paper, but who never

asserted any Legal Rights for Petitioner as Plaintiff(Appel-

lant Pro se) whereby it can be seen in the non-assertion of

Legal Rights to Appeal against the “guardian ad litem” OR

for more equitable distribution of income and/or perma-

nent custody of the children to Petitioner as Plaintiff (Ap-

pellant Pro Se) whereof an unprofessiona! plea was pre-

sented to Robert Hogan, et al in March 12, 1973 in rebuttal

to a filed Financial Report by Defendants (Appellees) as

Respondents Alfred Alphonse Yee, et al, whereof Respon-

dent Hogan, et al, did nothing about it wherefore it was

presented to the Family Court again on July 20, 1973 (APP.

“E(1)"). How come Judge B.M. Vitousek refused to consi-

der it for its competance, and instead, Ordered the “false

arrest” “guardian ad litem” order, which was “Illega! Re-

straint” of person of Petition as Plaintiff (Appellant Pro Se)

against the traumatic “mental restraint” of this Defamatory

“false arrest”, which was “Malice Aforethought” by Judge

B.M. Vitousek, et al, Respondents and/or Conspirators*

for “murder” of person, name, and/or reputation and/or

*page 3

Saat at ey ‘te bine

|

|

character of Petitioner as Plaintiff (Appellant Pro Se). The

“Report” could have been ordered retyped by Respondents

Hogan, et al, for conformity, if it was the problem. (APP.

“E(1)")

Respondent Robert Hogan, et al’s Conflict was Malice,

which was Malevolent, Malfeasance for the Prejudiced

Conspiracy against a capable independent woman as Peti-

tioner Pro Se against Hogan, et al, who neglected to Appeal

for custody of the children to Petitioner as Plaintiff (Appel-

lant Pro Se) once custody was lost on July 30, 1973. The

answer to the obvious question was, “Then you won't need

the extra money”, meaning the request of the July 20. 1973,

Pleading for the Hearing in the lower Family Court. Be-

cause there was no recourse by Respondent Robert Hogan,

et al, and or no recourse from the Family Court, after many

letters, directives, and Pleas left for Respondent Hogan, et

al, which can be found tn the Records as “Exhibits” !n the

Pleadings for Petitioner as Plaintiff (Appeilant Pro Se); it

was the natural reaction of any client to look for another

lawyer. So, in October, 1973, printed copies of Pleadings

were left for ten (10) different prominent lawyers, asking

for help, whereby many said they couldn't take a case un-

less Hogan, et al, was to withdraw. Even (then) Attorney

General Elliott Richardson received a copy, whereby the

Justice Department Calvin Hawkins, mailed it back and

said it was not in their Jurisdiction (then). How come sud-

denly there was an Order on Nov. 2, 1973, for a “guardian

ad litem™? (APP. “F(1)”)

How come Respondent Hogan et al, as ex-attorney for

(Petitioner Pro Se as) Plaintiff (APPELLANT PRO SE)

Neglected to Appeal for Petitioner Pro Se as Plaintiff (Ap-

pellant Pro Se) against Respondents as Defendants (Appel-

lees) Alfred A. Yee, et al, or Respondents as Defendants

(Appellees) as Defendants’ (Appellees’) attorneys Edward

Chun, et al, for Malicious Abuse of Judicial Process? Or,

how come Hogan, et al, neglected to Appeal “de Novo”

against the Defamatory Court Psychiatrist Dr. Betty

Adams’ Perjured “severe chronic mental illness” False Evi-

dence, which Judge B.M. Vitousek accepted in Malice

against HAWAII'S SUPREME COURT RULES’ CODE

OF PROFESSIONAL RESPONSIBILITY’S ETHICAL

CONSIDERATIONS EC7-26:

4|

“The law and Disciplinary Rules prohibit the use of

fraudulent, false, or perjured testimony or evidence.”

Petitioner Pro Se hereby Appeais to the Honorable Jus-

tices of the Supreme Court of the United States to Grant

Petitioner's Writ of Certiorari and/or Direct AND/ OR Or-

der Summary Judgement for Petitioner Pro Se against Re-

spondents Robert Hogan, et al, who must pay Petitioner

Pro Se Restitution per EXHIBIT “HL” AND EXHIBIT

“HLL” (APP. “E(b)”) for Traitorous Malevolent Malfea-

sance as Conspirators* in Violation of Assertion of Legal

Rights for Petitioner Pro Se as Plaintiff (Appellant Pro Se).

OR, Order Summary Judgement for Petitioner Pro Se

against Respondents Judge B.M. Vitousek, et al’s Mali-

cious Complicity for Conspiracy for Judicial “Illegal Re-

straint” as “Suppression” and/or “Oppression” and or

Malicious Abuse of Judicial Process as the “false arrest”

“guardian ad litem” Restraintive Coerced Incompetency

“Order” against a good capable American woman as Peti-

tioner Pro Se Janice Ching Yee for the UN/JTED STATES

CONSTITUTION and its AMENDMENTS, specifically,

AMENDMENT I, AMENDMENT It, AMENDMENT

by, AMENDMENT VIM, AMENDMENT Xiil, AMEND.-

MENT XIV, AND/OR AMENDMENT XX VI/allof which

has been discussed in ALL of the Pleadings, most of them

filed, others included as “exhibits” wherever possible.

THERE NEVER WAS A HEARING called before this

“guardian ad litem” orde:, which invoked the Jurisdiction

of This Court, as discussed previously. This was also, be-

lieve it or not, Malice for Conspiracy for Malicious “Illegal

Prosecution” by Judge B.M. Vitousek, et al, and Conspir-

ators* as Respondents as Defendants (Appellees) against

Petitioner Pro Se as Plaintiff (Appellant Pro Se) for Legal

Prosecution against the Conspirators* for evil Malice for

Delay for Harassment for mental Injury or Injury of Peti-

tioner Pro Se as Plaintiff Appellant Pro Se Janice Ching

Yee who never committed adultery, crime as Conspiracy

or deliberate sin as vain envy. The worse offender was

Judge B.M. Vitousek whose Malevolent, Malfeasance was

Conflict for Delay as Obstruction of Justice for Petitioner

Pro Se as Plaintiff (Appellant) Pro Se against the Delay for

Financial Settlement of a divorce initiated September 16,

*page 3.

42

%

1971, filed September 14, 1972, and delayed and hampered

by eleven Hearings and eleven (11) Supplemental Decisions

and five (5) other Decisions which are hereby appended as

APPENDIX “F(1 to 15)”. The last Hearing was March 25,

1976, as discussed, whereof no final Judgement can be seen

until “a week” from March 25, 1976. Even this Delay is un-

necessary; for Vitousek’s lower Family Court shouldn't wait

at all; for ALL Pleadings for Petitioner Pro Se, as Plaintiff

Appellant Pro Se, including the Pleadings of March 22,

1976 (APP. “B(10)”) were clear enough. For, according to

“LAW OF TORTS” by William L. Prosser, on page 869

(3rd Edition) 1964; damages are recoverable. (STATUTES

APPENDED) [Apr. 2, 1976—no Judgement yet]

Previous to this, back in 1973 after the Final Absolute

Divorce was filed, March |, 1973, the Financial Settlement

could have been effected and decided by the June, 1973

Financial Statement of Alfred Alphonse Yee personally,

and/or the company, Alfred A. Yee and Associates; or de-

cided by the December, 1973, Financial Statements. There

was no cause for Delay by a Vacillatory Judge, who cannot

make Equitable Settlements or proper Financial Settle-

ments and, or whose Disability should exclude Judge B. M.

Vitousek from the Judiciary bench. Therefore, will This

United States Supreme Court please Direct and/or Order it

so, against Judicial Prejudiced Malice for coerced “ignom-

iny” by Judicial “financial enslavement” as the Eleventh

Supplemental Decision, (APP. “F(15)”) in its entirety, for

Swindle besides, emphasizing page 2, bottom paragraph of

page 3, and page 4, for Merit for Petitioner's Pleadings of

March 22, 1976 “Motions” (APP. “B(10)") AND/ OR Merit

for Petitioner Pro Se’s Pleadings for Complete Settlement,

Custody of the children to Petitioner Pro Se as Plaintiff Ap-

pellant Pro Se, Janice Ching Yee, and for same Petitioner

Pro Se’s Real Good Record whereby This Supreme Court

of the United States can Order the Defamatory Records

Stricken off the Real Record for Petitioner Pro Se, for

Equitable American Justice in Hawaii's Courts someday;

and for present, for Petitioner Pro Se as Plaintiff Appellant

Pro Se, Janice Ching Yee, | hereby Demand Monetary Res-

titution against Judge B.M. Vitousek, et al, per EXHIBIT

“VLN” AND EXHIBIT “VXN”, (APP. “E(c)”) for Sum-

mary Judgement or Judgement on the Pleadings for $3 mil-

lion for same Petitioner Pro Se, plus $1 million for same

43

Petitioner, as Summary Judgement for Restitution per EX-

HIBIT “KNK” and EXHIBIT “NK” (APP. “E(h)(2)”)

against Judge Norito Kawakami as another intentional

Contributory Conspirator* as Respondent; if this should

please the Justices of This Supreme Court of the United

States for Merits for Monetary Claims for Petitioner Pro Se

against Judge Kawakami's Malfeasant Conflict as Mali-

cious Prejudice for Contributory Conspiracy for Prejudiced

Persecution for Violation of Petitioner’s Legal Rights to

include AMERICAN CONSTITUTIONAL RIGHTS and its

AMENDMENTS, specifically:

l.the FIRST AMENDMENT for FREEDOM by Equal

Protection by Law; or as a Property Owner as Peti-

tioner Pro Se;

2.the FOURTH AMENDMENT against Contributory

“false arrest” as the ex “guardian ad litem order” or

the recent enslaving “trustee orders” and “trust agree-

ment” of the April 4 and April 11, 1976 and the Febru-

ary 2, 1976 ((APP. “F(9)”); (APP. “F(10)"); and (APP.

“F(15)")). Hawaii's Supreme Court could have used

their initiative and/or their prerogative to Direct a

New Judgement on February 20, 1976, for case HSC

#6102 whereby it could have filed the “Motion for Tem-

porary Monetary Relief” for Plaintiff-Appellant Pro

Se, whereby it included filing “Objections et al, and

Motions, etc.”, again for case HSC #6102; or HSC

#6008 or HSC #5924, or for the “Consolidation”. This

would have prevented substantial damage by Coer-

cion of Non-assertion of Legal Rights for Plaintiff-Ap-

pellant Pro Se against all of the Respondents as De-

fendants-Appellees of these cases, who were ALL

WRONG. Therefore, “the Court’s” Orders of HSC,

Dec. 30, 1975 and/or Jan. 12, 1976, Affirming Dismis-

sal for case HSC #5949, and/or “the Court’s” refusal to

file and/or consider “Motions for Relief of Judge-

ment”. For, according to Rule 59(a & d) of HR of CP+

and/or FR of CP,*+ it could have ordered filing of

Appellant as Petitioner Pro Se’s “Motion for Relief of

Judgment” of March 19, 1976, after “the Court’s” con-

sideration ‘which should not be until filed); so Peti-

tioner as Aprciiant Pro Se (1) need not file a “Motion”

in the lower Family Court on March 22, 1976 for “Mo-

tion for Relief for Judgment”; (2) need not file an

“Amendment of Motion for Relief of Judgement” for

stipulation to forego the hearing since Judgement can

be completed by the Pleadings of the case or of these

“Motions”, wherefore, since no answer was received;

a Hearing was held although it was agreed it could be

cancelled whereby the parties; (3) need not have

wasted half an hour at a Hearing on March 25, 1975,

whereof the Judge was 15 minutes late; or Petitioner

Pro Se as Plaintiff (Appellant) Pro Se (4) need not

have “Motioned” and filed in Hawaii’s Supreme Court,

on March 23, 1976, “Motion to Amend Opening Brief”

(APP. “B(10)”) and order a check for Temporary Re-

lief for $211,850.00, for it’s all Petitioner’s money once

loaned to Respondent Alfred Alphonse Yee ex-hus-

band of Petitioner Pro Se Janice Ching Yee, who can-

not understand Hawaii’s Supreme Court who can

GRANT AND ORDER THIS SUM FOR PETI-

TIONER PRO SE AS PLAINTIFF APPELLANT

PRO SE, for its my money and/or Respondent Alfred

A. Yee, et al, can borrow from any bank, so Petitioner

Pro Se as Appellant Pro Se can use my money against

Judge B.M. Vitousek’s lower Family Court’s Judicial

“financial enslavement”, which did substantial dam-

age against Petitioner Pro Se’s Financial situation,

OR, Hawaii’s Supreme Court can use its initiative

and/or Prerogative, according to HAWAII'S RE-

VISED STATUTES, Chapter 641-4 and/or 641-24, so

it can Direct a New Judgment to conform to the evi-

dence as presented for Judgment on the Pleadings for

Petitioner Pro Se as Plaintiff-Appellant Pro Se for a

Fast Determination of ALL CASES FOR PETI-

TIONER PRO SE, particularly case HSC #6102,

which was case HSC #5930, which was dismissed for

prematurity, which was a simple divorce case FC-D

#81258, which evolved into a Criminal Conspiracy

case, whereof the Big Picture can already be seen.

OR, Hawaii’s Supreme Court could Review or Re-

consider its own Orders, which were in reversible ER-

ROR and/or their Judgements can be challenged, ac-

cording to HSC RULES’ CODE OF PROFESSION-

AL RESPONSIBILITY’S ETHICAL CONSIDERA-

+HAWAIIS RULES OF CIVIL PROCEDURE.

+FEDEKAL RULES OF CIVIL PROCEDURE.

*page 3.

44 45

TIONS’ EC7-22, for EC7-21 against Malicious Abuse

of Judicial Process for substantial damage of Petitioner

as Plaintiff-Appellant Pro Se Legal Rights against the

“Conspiracy for Prejudiced Persecution” as mentioned

and or against the deletion of the names of Edward

Chun, et al, of case USSC 75-1143, and/or Alfred Al-

phonse Yee, et al, the original instigators (including

Judge B.M. Vitousek) and or perpetrators of the

“Conspiracy for Malicious Abuse of Judicial Process

for Judicial “financial enslavement” or Judicia! “in-

voluntary servitude” which was “Cruel and Unusual

Punishment”, FOR NO CRIME?

To have excluded the Originators of the Oppressive

Conspiracy, Respondent Chun et al, and/or Respon-

dent Alfred Alphonse Yee, et al, (earlier, before HSC

#6102 was docketed) does not make Sense or Reason.

Instead, Hawaii's Supreme Court could have set a Pre-

cedent for Petitioner Pro Se as Plaintiff-Appellant Pro

Se for Complete Settlement as Equitable Settlement

whereby the sum can be computed as half of Respon-

dents as Defendants-Appellees Alfred Alphonse Yee,

ex-husband’s income set at moment of absolute di-

vorce (March 1, 1973) of $100,000.00 ($105,000. really)

per year income for Petitioner as same Appellant Pro

Se, and multiplied by another 50 years of living, if Pe-

titioner lives to a dreamable age of 93 years old (from

1973) leaving the remaining figure of $500,000.00 as a

small part of past uncollected earned income for Peti-

tioner as Plaintiff-Appellant Pro Se, who has pled and

presented about eight (8) different ways Respondents

as Defendants-Appellees Alfred Alphonse Yee, et al,

must pay Petitioner Pro Se Janice Ching Yee Com-

plete Settlement as Equitable Settlement, not to forget

custody of the children to Petitioner Pro Se Plaintiff-

Appellant Pro Se, same JCY, who can take better care

of them.

Also, Hawaii's Supreme Court can conform to all of

the other Courts of the Nation, as the last Court of Ap-

peals whereby permission, per HAWAII REVISED

STATUTES, Chapter 622-19 can be given for a court

reporter to be assigned to any case upon request, and

copies of transcripts of court proceedings presented

and/or transferred and/or sent to any court of the

46

o_o

ee re

*page 3.

nation, upon request. There should not be a feeling of

“the Court” in the back room who decides after the

“Motions” are considered for Non-assertion of perti-

nent Rights for Petitioner as Plaintiff-Appellant Pro

Se, if it can be filed or not. This was and is Conflict by

the clerks or “the Court”, whoever it is, for Coercion

of Non-assertion of Legal Rights for Petitioner as Ap-

pellant Pro Se. Hawaii’s Supreme Court should control

this. The clerks (Chun and/or Phillips) refused to file

even an Amendment of Opening Briefs to exonerate

any parties willing to sign Affidavits for case USC

#5924, HSC #5970, and HSC #6008, (APP. “H”) .'!-

though this was included in part of the Pleadings and

not strongly emphasized. This was not only Violation

of Petitioner's Legal Rights as Plaintiff-Appellant Pro

Se, it was also Violation of Legal Rights for the parties

who were not involved. “The Court” said it was be-

cause, according to “the Court Record”, the last “Mo-

tion” was Defendants-Appellees’ “Motion to Dismiss

or Affirm”, thereby corroborating the fact they (“the

Court”) still refused to file the “Objections, etc., and/

or Motions to Reconsider Order filed Feb. 13, 1976”,

which was presented to “the Court” on Feb. 17, 1976,

refused filing by the clerks; whereupon it was pre-

sented for filing by Hawaii's Supreme Court Justices

on the March 9, 1976 Hearing for six (6) members of

the Conspiracy by nine (9) Conspirators*. This is also

discussed in the Feb. 13, 1976, Feb. 17, 1976, and/or

March 9, 1976 situations for JURISDICTION for This

Supreme Court of the United States, wherefor Peti-

‘tioner Pro Se Appeals to This Court to Order the lower

Family Court of Hawaii to Strike the Defamatory Psy-

chiatrist Dr. Betty Adams, et al’s Report AND Strike

the Defamatory Social Worker Gerry Nagahisa, et al’s

Report of Petitioner Pro Se’s Real Records, AND/OR

might This Supreme Court of America set a precedent

and Order custody of the children to Petitioner Pro Se

for better care of ALL of them, and for Real Records

for Petitioner Pro Se Janice Ching Yee. Also, please

Order or Direct the lower Family Court of Hawaii to

strike its “enslaving” Supplemental Decisions, specif-

47

*page 3

ically the Sixth and Eleventh Supplemental Decisions

which Judicially Restrain and Impose; and/or makes

loans f Petitioner's money of which Respondent Al-

fred .ee, et al borrows, without paying interest to Pe-

titioner Pro Se against alimony, which is 2/3 fixed ex-

penses of Petitioner Pro Se, who pleads against this

and Judge B.M. Vitousek’s tendency to decrease ali-

mony after any income and expense statement is pre-

sented or alimony is criticized (APP. “B(11)”).

3.the FIFTH AMENDMENT against self incrimination

against paying Respondents as Defendants Appellees

Hogan, et al, Respondents as Defendants Appellees

Nickelsen, et al, and/or Respondents as Defendants

Appellees Koshiba and/or the Hawaii Bar Associa-

tion’s costs, after all Petitioner Pro Se as Plaintiff-Ap-

pellant Pro Se, never was at fault. All Respondents as

Defendants-Appellees must pay costs as part of Sum-

mary Judgement for Petitioner Pro Se as Plaintiff-Ap-

pellant Pro Se, who hereby Appeals to This Supreme

Court of the United States to GRANT PETITIONER

PRO SE JANICE CHING YEE FOR WRIT OF CER-

TIORARI AND/ OR DIRECT HAWAII’S SUPREME

COURT AND/OR ORDER SUMMARY JUDGE-

MENT OR JUDGEMENT ON THE PLEADINGS

FOR SAME PETITIONER against Respondent as

Defendant-Appellee Robert Hogan, et al, per EXHIB-

IT “HL” and EXHIBIT “HLL”, (APP. “E(b)”); AND

OR SUMMARY JUDGEMENT AND/OR ON THE

PLEADINGS FOR SAME PETITIONER against Re-

spondent as Defendants-Appellees Harold Nickelsen,

et al, Per EXHIBIT “NO” and EXHIBIT “NON”

(APP. “E(e)”) who didn’t have the decency to decline

the Void, Illegal “guardian ad litem order”; for Re-

spondent Nickelsen was once the Hawaii Bar Asso-

ciation’s President and/or Director. Also, Respondents

Harold Nickelsen et al, was on the list of ten (10) at-

torneys contacted for help against Respondents Robert

Hogan, et al. How come Respondent Hogan, et al, ne-

glected to Appeal against this Malfeasant Impropriety

which Respondent as Defendant (Appellee) perpe-

trated as a Conspirator* for Oppression, Fraud, Illegal

48

2 hte ae ee

ee

*page 3.

Restraint, and/or Coercion for Incompetency and Non-

assertion of Legal Rights for Petitioner Pro Se as

Plaintiff (Appellant Pro Se) against the sixteen (16)

months which is lost, whereby Malfeasant Respondent

Nickelsen, et al, sat as Conspirators* as Oppressors for

humiliation of Petitioner Pro Se as Plaintiff-Appellant

Pro Se, Janice Ching Yee, who never committed any

adultery, crime, or deliberate sin to warrant this “cruel

and unusual punishment”, of sixteen (16) months De-

lay, which is against the

.the SIXTH AMENDMENT for a speedy trial, but not

so speedy it denies Justice for Petitioner for Plaintiff

(Appellant) Pro Se. (APP. “G(c)”—Transcript of the

lower Hawaii's Circuit Court Trial against Vitousek,

et al., Respondents as Defendants.

.the EIGHTH AMENDMENT against this “Cruel and

Unusual Punishment”, as discussed earlier in Jurisdic-

tion of This Court, and/or Pleadings of This Petition.

.the THIRTEENTH OR FOURTEENTH AMEND-

MENT for Due Process of Law against the non-hear-

ing for the ex “guardian ad litem” order. OR for Equal

Protection by Law against the Hawaii Bar Association

as Respondents and/or their once Ethics Commission

Chairman Respondent James Koshiba, who in March,

1974 was left very Unprofessional Complaints and or

Allegations against Respondent Robert Hogan, et al,

Conspirators* and/or Respondents Judge B.M.

Vitousek, et al, Conspirators* whereof the Complaint

against Vitousek was not answered until March 3, 1976,

whereby Disciplinary Counsel Jung Lowe talked to

Petitioner Pro Se previously about the latter part of

January, 1975, wherefore the Complaints were left for

the Ethics Committee of the Hawaii Bar Association

in March, 1974, asking for help. In June, 1974, Respon-

dent Koshiba, et al, reported Conspirator* Malfeasant

Respondent Robert Hogan, et al, “ethical”, which then

made Respondent James Koshiba “unethical” as the

Ethics Commission Chairman, et al, who was then al-

so a Contributory Conspirator* if he refused to see Re-

spondent Hogan, et al’s Malfeasant Conflict for Preju-

49

OR,

OR,

OR,

diced Persecution wherefore Koshiba, et al’s Conflict

was Prejudiced Malice for Coercion of Non-assertion

of Legal Rights for Petitioner Pro Se as Plaintiff (Ap-

peilant Pro Se), against Respondent Koshiba and/or

the Hawaii Bar Association, who could have stopped

the Conspiracy then in 1974, instead of perpetrating it,

wherefore from late 1973 until present March, 1976,

more than a hundred attorneys of the Hawaii Bar Asso-

ciation were asked to help Petitioner Pro Se as Plain-

tiff-Appellant Pro Se, even for Appeal to this Supreme

Court of the United States, till | thought better of it

and used the time to Appeal Pro Se. All of them said

they couldn't help on a contingency basis, even if it

was for (recent even) 10% of Collection of Summary

Judgement or Judgement on the Pleadings. All of

them could help on a retainer basis, which was impos-

sible if alimony was 2 3 of fixed expenses of Petitioner

Pro Se’s, and Petitioner didn’t dare spend the small re-

serve saved from inheritance whereby half has been

spent already, OR all pleas to Hawaii's Courts have

been ignored for money, or refused filing by the clerks.

Besides Dave Schutter’s $5000.00 Retainer Fee for

one Appeal to Hawaii's Supreme Court was exorbitant;

John Parks’ $465.00 for sitting on the case for twe (2)

weeks and sitting in an Illegal Closed Hearing, in May,

1975, which excluded the Court Reporter Ronald Ki-

hara, or Petitioner Pro Se as Plaintiff (Appellant Pro

Se):

Judge K. Miho of the lower Circuit Court of Hawaii,

who postponed the May 13, 1975 Hearing, although it

was pleaded by Petitioner Pro Se as Plaintiff (Appel-

lant) Pro Se, a check was Necessary for Petitioner as

Plaintiff (Appellant) Pro Se, who was leaving in the

afternoon for Petitioner's daughter's College Gradu-

ation and/or the money was necessary for Petitioner's

trip, as decreed and/or allowed by the Sixth Supple-

mental Decisions (APP. “F(9)” & “F(10)")

Judge John West of the lower Circuit Court at the

June 6, 1975 Hearing, who refused to cite Respondents

as Defendants (Appellees) Alfred Alphonse Yee, et al,

for Contempt of Court for Non-payment of travel ex-

penses as decreed (it has not been paid back entirely)

AND. OR refused to order payment for sum noted in

50

the Financial Show Cause Order, dated May 13, 1975.

OR, David Ingman, Malfeasant attorney, who contracted

to prepare the Opening Brief for case #5930, but was

not started on preparations on Friday Aug. 22, 1975,

whereby Petitioner Pro Se as Plaintiff-Appellant Pro

Se FIRED David Ingman, on Friday August 22, 1975,

and asked for the return of $750.00 against Breach of

Contract, unless he could give copies of his notes so it

could be evidence for tax purposes, wherefore Respon-

dent Ingman never presented any worksheets or copies

of notes for the money ($750.00) which he never re-

turned, or paid back. Once Petitioner found out about

this, Petitioner Pro Se as Plaintiff-Appellant Pro Se,

worked through the weekend to have the Opening

Bried filed August 26, 1975, wherefore David Ingman

filed an “Appearance of Counsel” on Monday August

25, 1975, whereby earlier he said it was not necessary,

then filed “Extension of Time for Filing Opening

Brief’ WHICH WAS NOT NECESSARY FOR PETI-

TIONER PRO SE, AS PLAINTIFF-APPELLANT

PRO SE, who was prepared and filed the Opening

Brief for HSC #5930 on August 26, 1975, when it was

due. How come Hawaii's Supreme Court didn’t consid-

er Pleadings for Petitioner as Plaintiff-Appellant Pro

Se and use initiative and, or prerogative and, or Direct

a New Judgement against the substantial damage of

Legal Rights for Petitioner Pro Se as Plaintiff-Appel-

lant Pro Se for a fast determination of case of HSC

#5930, which was FC-D #81258, which is still pending

in the lower Family Court whereof “Appeal Against

the Unequitable Terms of the Final Absolute Divorce

Decree and Child Custody” have been docketed a:

HSC #6102: wherefor it is pending. Hawaii's Supreme

Court could have, according to HAWAII'S REVISED

STATUTES, Chapter 641-4 and 641-24 (STATUTES

INVOLVED) OR, the UNITED STATES CONSTITU-

TION and all of its AMENDMENTS, wherefor all of

the CIVIL AMENDMENTS, for Jurisdiction for Ha-

waii’s Supreme Court; GRANT AND ORDER COM-

PLETE SUMMARY JUDGEMENT OR JUDGE-

MENT ON THE PLEADINGS FOR COMPLETE

SETTLEMENT AS EQUITABLE SETTLEMENT

FOR PETITIONER PRO SE AS PLAINTIFF AP-

5]

OR,

OR,

SO,

PELLANT PRO SE JANICE CHING YEE FOR $3

MILLION, according to Pleadings and or EXHIBIT

“AXE” AND EXHIBIT “AFT”. (APP. “B(I1)") It

still can Order this for case HSC #6102, on Appeal.

Durrell Douthit, ex-Legal Aid worker, who collected

$50.00 for reading the case and never wrote any report

as contracted and refused to answer questions before

reading, but no answers after.

Judge Norito Kawakami is not a member of the Ha-

waii Bar Association. All of the Judges of Hawaii

should be members of Hawaii's Bar Association for

Disciplinary purposes of Hawaii's Judges and or

Lawyers.

PETITIONER PRO SE HEREBY APPEALS TO

THIS SUPREME COURT OF THE UNITED

STATES TO GRANT PETITIONER PRO SE'S

WRIT OF CERTIORARI AND OR DIRECT AND

OR ORDER JUDGEMENT OF THE PLEADINGS

OR SUMMARY JUDGEMENT FOR $2 MILLION

FOR PETITIONER PRO SE JANICE CHING YEE

against Respondents’ Malevolent Malfeasant James

Koshiba and or the Hawaii Bar Association who were

in Violation of Legal Rights, including HAWAII'S SU-

PREME COURT RULES’ CODE OF PROFES-

SIONAL RESPONSIBILITY’S ETHICAL CONSID-

ERATION’S EC?7-21, EC2-30 (STATUTES AP-

PENDED) OR EC2-27 and/or EC2-28, whereby

“lawyer(s) should not decline representation because

a client of a cause is unpopular or community reac-

tion is adverse”; or “to avoid adversary alignment

against Judges, other lawyers, public officials, or

influential members of the community does not jus-

tify his rejection of tendered employment”,

as pled for Restitution for Merits for Monetary Ciaims

for Petitioner Pro Se Janice Ching Yee: per EXHIBIT

“KO”, EXHIBIT “KOK”, AND EXHIBIT “OKE”

(APP. “E(f)"); against Respondents Koshiba, et al,

who probably didn’t even check on the case in the

Family Court or he would have seen the Illegality of

the ex-“guardian ad litem order”, which then sup-

posedly was caused by the False Defamatory Perjured

Reports by Respondents Gerry Nagahisa’s “behavior

52

does not relate to the Children” of a capable woman

whose real Records of five (5) occasions as Cub Scout

Den Mother or five (5) occasions as Punahou School

Homeroom Mother or once as Sunday School Teacher

or twice as Missions Chairman writing to a Church

adopted orphan or originator of original birthday par-

ties every year for five (5) children until loss of custedy

and even then if they didn’t say “no, Dad wants to go

out” or something similar, or recent encouragement to

help the children start their side business, does not

seem a bit fair. OR, Respondents Nagahisa, et al’s Prej-

udiced Malice which made use of the smallest things,

as “Tuesday as a bad day”, which was definite Perjury,

after all, for Petitioner Pro Se does not believe in horo-

scopes, but is cognizant of them, whereby as a Scorpio,

Tuesday's a good day for Petitioner Pro Se. This is a

small sample of Respondents Nagahisa, et al’s delib-

erate Perjured False Evidence and Reports, which

was contributory Conspiracy. OR, against Respondents

Dr. Betty Adams, whose Defamatory perjured “Malice

Aforethought”™ “severe chronic mental illness” in

which Dr. Betty Adams’ Report perpetrated malice for

the Conspiracy for “murder” of reputation name and

character or person of Petitioner Pro Se against Re-

spondents Contributory Conspiracy for Coerced In-

competency for Coerced Ignominy by Coerced Destruc-

tion for Deprivation of Income and Legal Rights for

Petitioner Pro Se, against this court psychiatrist Re-

spondents Dr. Betty Adams, et al, who couldn't see

Respondents Alfred Alphonse Yee was a latent “mur-

derer” who was so smart, he coerced his victim to

“murder” themselves or “Coerced suicide”, where-

fore Alfred Yee as the latent or potential murderer,

was the one who was mentally ill then, and Petitioner

Pro Se should not pay twice for being injured or “mur-

dered”, supposition intended. Also the children never

got enough of their Father Alfred Yee, who once was

not available for the children’s “activities”, so their

punishment against their Father Alfred Yee, Respon-

dent, was to make him stay home, and their punish-

ment against their Mother Janice Ching Yee, Peti-

tioner Pro Se was to stop the dominant aspects of her

personality for leading children and or encouraging

53

*page 3

them to aspire. Unknowingly the children contributed

to Judge B.M. Vitousek’s Prejudiced Malice and/or

the Conspirators* Malice against a good capable Amer-

ican woman as Petitioner Pro Se as Plaintiff Appellant

Pro Se Janice Ching Yee. Once coerced to suicide is

bad enough, but for “the Courts” to inflict fifty-three

(53) months of “Cruei and Unusual Punishment”

against the victim as Petitioner as Plaintiff-Appellant

Pro Se, can be termed unfathomable. Therefore, Re-

spondents Nagahisa et al, and/or Adams, et al’s Con-

tribution to Respondents Judge B.M. Vitousek’s

Malice for loss of custody of the children to Petitioner

Pro Se, as the better parent for Petitioner's children,

or against Respondents Judge Vitousek’s Conflict

which is Malice, where Vitousek hates Petitioner and

or Petitioner’s children, not cognizant Respondents

Vitousek, et al’s Judgements were for “Destruction”

of themse!ves or their Mother Janice or their morals or

of their earlier Christian Training whereby even Job

asked, “WHY?” Wouldn't the children wonder about

Christian Justice wherefore they knew Malfeasant

Malicious Judge Vitousek was once a member of “our”

Church and served on the Altar Guild with Mother

Janice Ching Yee, Petitioner Pro Se, who never com-

mitted adultery, crime, or deliberate sin, but is so ter-

ribly restrained; and how come their Father Alfred

Alphonse Yee, Respondent would gather them to-

gether in April, 1973 and point to Mother's picture

and or yell, “Whore”? No matter how much active

silent denial by good actions and reminder of past ac-

tions, never erased this traumatic doubt from their

minds as evidenced by 173 weekends alone after pleas

for any of Hawaii's Courts where Pleadings have been

filed, any Judges sitting on the cases, the “Dean” of

the Church, a couple of the Children’s Godparents,

Grandparents, Uncles and Aunts of the children, or

Lawyers, all of whom seem to want to help Respon-

dents Alfred Alphonse Yee et al, who was at FAULT,

to “get” his ex-wife Janice Ching Yee as Petitioner

Pro Se, who hereby Appeals to This Supreme Court

of America to GRANT PETITIONER JANICE

54

CHING YEE’S WRIT OF CERTIORARI AND/OR

DIRECT AND/OR ORDER PERMANENT CUS-

TODY OF THE CHILDREN TO PETITIONER PRO

SE who can teach the children to love, respect, honor,

and learn responsibility. Petitioner Pro Se also Ap-

peals to This Supreme Court of the United States to

Direct and Order JUDGEMENT ON THE PLEAD-

INGS OR SUMMARY JUDGEMENT FOR $2 MIL-

LION FOR PETITIONER PROSE, JANICE CHING

YEE FOR RESTITUTION FOR MERITS FOR

MONETARY CLAIMS FOR COMPLAINTS and

or ALLEGATIONS FOR GRIEF SUFFERED,

AGAINST NAGAHISA, et al, AND/OR ADAMS,

et al, per EXHIBIT “FO” AND EXHIBIT “FOE”

(APP. “E(d)”) AND TO STRIKE THE DEFAMA-

TORY RECORDS IN ITS ENTIRETY OUT OF PE-

TITIONER PRO SE AS PLAINTIFF APPELLANT

PRO SE’S REAL RECORDS. FOR THIS AND FOR

AMERICAN LEGAL RIGHTS, I THANK THIS SU-

PREME COURT OF THE UNITED STATES.

After talking to many members of the Hawaii Bar

Association and others, Mr. Nelson from Bishop Trust

Company suggested Robert Franklin, among a couple

of other names. Respondent Robert Franklin acqui-

esced and contracted to sue Respondent Robert Hogan,

et al, and/or to represent Petitioner as Plaintiff (Ap-

pellant Pro Se). Respondent Robert Franklin made an

Appearance of Counsel on March 8, 1974, whereof

soon after Robert Franklin dropped the bomb whereby

he was being represented by Robert Hogan, et al, in

his, Robert Franklin's, divorce case, and “anyway” he

“didn’t say” he “would sue Hogan,” by letter on May

16, 1974 (APP. “D(7)”) This was Perjury for it was

later also supposedly said in Family Court in the Sep-

tember 6, 1974 Hearing, but it is not in the transcript.

although I remember it because it was after my plea of

September 4, 1974 (APP. “D(8)"), and I was so frus-

trated. Petitioner Pro Se hereby requests This Court to

Order copies of transcripts if needed for further evi-

dence of Merits for Petitioner Pro Se for Complain's

and/or Allegations against the lower Courts’ Deliber-

ate Delay for Obstruction of Justice for Plaintiff-Ap-

pellant Pro Se as Petitioner Pro Se against the Con-

55

spirators*’ Delay as Malice for Harassment for Mali-

cious Injury of Petitioner Pro Se, who hopes and prays

tor this Supreme Court to excuse Petitioner's angry

frustrated answers in the lower Family Court if noted

in the Hearings. It’s a matter of not wanting to even

talk to others if I find they hate me. Also, Respondent

Robert Franklin’s Conflict was Fraud and Breach of

Contract, Impropriety, (representing both sides in a

case) Malevolence for Neglecting to consider wishes

of Petitioner as Plaintiff (Appellant Pro Se) and/or

Violation of Legal Rights for Petitioner as Plaintiff

(Appellant Pro Se) for Custody of the Children to same

Petitioner and Complete Settlement, for, half of Re-

spondent Alfred Alphonse Yee’s income or $4000.+ per

month of temporary alimony until Final Complete Set-

tlement of $3 million for Petitioner for Final Absolute

Divorce, as pied, whereby paid amounts can be de-

ducted; AND OR Malfeasance for Conflict of a

Fraudulent Contract, whereby Respondent Robert

Franklin said he could sue Respondent Conspirator*

Robert Hogan, et al, and was therefore hired for this

purpose or Petitioner Pro Se never would have hired

Respondent Robert Franklin, who was by then a Con-

tributory Conspirator* for Swindle by the Conspiracy

for Prejudiced Persecution by Malicious Abuse of Judi-

cial Process for Deprivation of Income and Legal

Rights for Petitioner who hereby Appeals to This

United States Supreme Court to GRANT PETI-

TILONER PRO SE JANICE CHING YEE’S WRIT OF

CERTIORARI AND OR DIRECT HAWAIIPS SL-

PREME COURT TO ORDER OR ORDER SUM-

MARY JUDGEMENT OR JUDGEMENT ON THE

PLEADINGS FOR $2 MILLION FOR SAME PETI-

TIONER PRO SE FOR MERITS FOR MONETARY

CLAIMS, PER EXHIBIT “IS” AND EXHIBIT “IS-

X” (APP. “E(g)”) Against Robert Franklin's blatant

Conflict for Malevolent Negligence, Delay, Fraud,

Breach of Contract, Obstruction of Justice and/or Vio-

lation of Petitioner's Lega! Rights, as discussed for

AMERICAN CONSTITUTIONAL RIGHTS AND

56

ITS AMENDMENTS AGAINST CONSPIRACY

whereby Conspirator* Robert Franklin’s Malfeasant

Impropriety was against HAWAII'S SUPREME

COURT RULES’ CODE OF PROFESSIONAL RE-

SPONSIBILITY’S ETHICAL CONSIDERATIONS’

EC7-21 (STATUTES INVOLVED) OR, the FOUR-

TEENTH AMENDMENT again against Judicial “Fi-

nancial enslavement” or Judicial “involuntary servi-

tude” as discussed, whereof Respondent Robert

Franklin and/or Respondent Robert Hogan, et al, were

Contributors to this Illegality as ex-attorneys of Peti-

tioner Pro Se, who didn’t imagine such things can hap-

pen in a regular Court of Law, whereof Petitioner here-

by prays This Court does consider all Pleadings against

Judicial “financial enslavement” and/or Judicial

“involuntary servitude”.

7.the NINETEENTH AMENDMENT FOR EQUAL

RIGHTS FOR WOMEN speaks for itself as Petitioner

Pro Se speaks for same Janice Ching Yee Plaintiff-Ap-

pellant Pro Se as a capable American Woman who

wants to set a good precedent for Complete Settlement

as Equitable Settlement for a good intelligent woman

as same Petitioner who didn’t commit adultery, crime,

or deliberate sin.

§. The TWENTY-SEVENTH AMENDMENT also speaks

for women, for EQUAL RIGHTS FOR ALL.

THEREFORE, looking back on the Pleadings of all of

these cases against Respondents, “Respondent” Judge

Norito Kawakami, is “Guilty” of Contributory Conspiracy

for Prejudiced Persecution for Malicious Abuse of Judicial

Process for Deprivation of Income and Legal Rights for Pe-

titioner Pro Se Janice Ching Yee and should therefore be

included by Joinder as an additional Respondent in case

HSC #6008; and or disbarred.

Besides, in December, 1975, two attempts were made to

join Kawakami to Respondents Koshiba, et al’s suit but it

was denied filing by the clerks of Hawaii's Supreme Court

wherefore it is presented here as a joinder to Respondents

Judge B.M. Vitousek’s case since Respondents Koshiba &

or the Hawaii Bar Association was probably unappropriate.

(APP. “E(h)(i)”) and (APP. “E(h)(2)”)

*page 3

57

Therefore, Hawaii’s lower Courts were WRONG, for Ha-

waii’s lower Courts didn’t believe in Justice for Petitioner

Pro Se as Plaintiff-Appellant Pro Se Janice Ching Yee.

VI. REASONS FOR GRANTING THIS WRIT OF CERTI-

ORARI

1. The lower Supreme Court of Hawaii was in ERROR for

Affirming the Orders, Judgements, and Decrees of the

lower Circuit Court of Hawaii for case HSC #5949, AND,

OR the lower Circuit Court was in HARMFUL, PREJU-

DICED, REVERSIBLE ERROR for their Orders, Judg-

ments, and Decrees which were for the Respondents as

Defendents (Appellees), who were all in Conspiracy as

Conspirators* and / or Contributory Conspirators*, where-

by all conspired and colluded for Prejudicial Judicial Per-

secution by Malicious Abuse of Judicial Process for Hu-

miliation by Defamatory, Libelous, and Slanderous Co-

erced Ignominy by Coerced Incompetency and Desti-

tution by Judicial “financial enslavement” and Judicial

“involuntary servitude” by Deprivation of Income and

Legal Rights for Petitioner Pro Se.

2. Hawaii’s Supreme Court should have Directed a New

Judgment for Judgment on the Pleadings for Petitioner

Pro Se as Plaintiff-Appellant Pro Se Janice Ching Yee

and. should have voided the lower Circuit Court’s Judg-

ments for Pre,udice, not affirmed it!.

*page 3.

58

VII. CONCLUSION

The Reason for the figures of Restitution for Petitioner Pro

Se, are hereby set also because of the Respondents as Con-

spirators’ *Complicity for Conspiracy for Deprivation of

$3 million for Petitioner Pro Se Janice Ching Yee as Plain-

tiff-Appellant Pro “e for Complete Financial Settlement

for Divorce as Equitable Settlement for same Petitioner

Pro Se, for Judgment on the Pleadings and/or Summary

Judgment, as pled, for Restitution for Merit of Petitioner

Pro Se’s Complaints and/or Allegation for Monetary

Claims against ALL Respondents; other than Alfred Al-

phonse Yee, et al’s payment of $3 million for Petitioner

Pro Se for Complete Settlement and/or Restitution; AND/

OR so ALL Respondents would know how it feels to lose

more than $1 million once hard earned.

As an extreme Emergency Measure, can This Court

please Order a check for $211,850.00, as pled in the March

22, 1976 “Motion for Relief Of Judgment” filed in the

Family Court (APP. “B(10)") or March 23, 1976 “Amend-

ment of Opening Brief”, filed for HSC #6102 (APP.

“B(10"), which has been ignored in Hawaii's lower Courts,

both Hawaii's Supreme Court and/or Hawaii's Family

Court.

Might This United States Supreme Court set a Prece-

dent and Order “Relief of Judgment or Order”, hereby

Motioned, according tothe FEDERAL RULES OF CIVIL

AND APPELLATE PROCEDURE, Chapter 133:28(sec.

2106), as mentioned in the STATUTES INVOLVED,

AND/OR THESE RULES, Rule 60(b-1, b-2, b-3, b-4,

and/or b-6 for Concealment of Prejudiced Malice for Con-

spiracy for Deprivation of Income and Legal Rights for

Petitioner Pro Se, who has no alternative than to Plead as

Petitioner Pro Se as Plaintiff-Appellant Pro Se, who had

one course of Business Law from Northwestern University

about twenty-five (25) years ago for Law background

and/or working in the Law Section in Northwestern's

Deering Library; and/or the experience of studying or

pleading for the past year, 1975, or past 15 (fifteen) months

of Pleading, wherefor Might This Supreme Court please

accept the continuous increase of Legal Knowledge by

Petitioner Pro Se for Pleadings as a capable American

Woman Janice Ching Yee, same Petitioner who wants to

set a precedent for Complete Settlement as Equitable Set-

59

tlement for any Good Woman as same Petitioner Janice

Ching Yee who does not need the torture of small alimony

harassments which does not give FREEDOM FOR IN-

DIVIDUALS living for both sides, wherefor same Peti-

tioner Pro Se Janice Ching Yee hereby thanks This Su-

preme Court of America for its time.

sg nice sas tien Yee 4 d

Petiti§ner Pro Se

3169 Alika Avenue

Honolulu, Hawaii, 96817

Dated March 31, 1976.

WILLIAM L. FLEMING of

CADES, SCHUTTE, FLEMING & WRIGHT

Attorneys for Respondents:

ROBERT HOGAN, ET AL;

HAROLD NICKELSEN, ET AL: and

JAMES KOSHIBA &/OR the HAWAII

BAR ASSOCIATION.

165 S. King Street

Honolulu, Hawaii 96813

RONALD AMEMIYA 694

NELSON CHANG 726

Attorney General & Deputy for Respondents:

GERRY NAGAHISA, ET AL: and/or

DR. BETTY ADAMS, ET A!:

RONALD AMEMIYA 694

CEDRIC CHOI 1375

Attorney General & Deputy for Respondent:

JUDGE B.M. VITOUSEK, ET AL;

HAWAII STATE CAPITOL

415 South Beretania Street

Honolulu, Hawaii, 96813

MAX GARCIA

Attorney for Respondent:

ROBERT FRANKLIN,

Suite 990 Pacific Trade Center,

190 S. King Street,

Honolulu, Hawaii, 96813

STANLEY KANETAKE

Attorney for Respondent:

STEPHANIE KOKERNAK

228 Kuulei Road

Kailua, Hawaii, 96734

EDWARD Y.C. CHUN of

CHUN, KERR, & DODD

Attorneys for Respondent:

ALFRED ALPHONSE YEE, ET AL,

Suite 1408. AmFac Building

700 Bishop Street

Honolulu, Hawaii, 96813

61

NO.

IN THE SUPREME COURT OF THE UNITED STATES

OCTOBER TERM 1975

JANICE CHING YEE, PETITIONER PRO SE

VS.

ALFRED ALPHONSE YEE and or

ALFRED A. YEE & ASSOCIATES. HSC+, NO. 6102,

STEPHANIE KOKERNAK, HSC+, NO. 5943

ROBERT HOGAN and/or HOGAN, ROGHER, GRIMES

& BYBEE, HSC+, NO. 5971

JUDGE B.M. VITOUSEK, and) or the FAMILY COURT of

the FIRST CIRCUIT of the STATE OF HAWAII, HSC-,

NO. 6008

DR. BETTY ADAMS and) or HAWAII'S DEPARTMENT OF

HEALTH AND OR GERRY NAGAHISA and/or the

ADULT SERVICE BRANCH of the STATE OF HAWAII'S

FAMILY, FIRST CIRCUIT, HSC+, NO. 5924,

HAROLD NICKELSEN and/or CONROY, HAMILTON,

GIBSON, NICKELSEN, & RUSH, HSC+, NO. 5969,

JAMES KOSHIBA and, or the HAWAII BAR

ASSOCIATION, HSC+, NO. 5970,

ROBERT FRANKLIN, HSC+, NO. 5949. RESPONDENTS.

AFFIDAVIT OF PETITIONER PRO SE

lam Mrs. Janice Ching Yee of 3169 Alika Avenue, Honolulu,

Hawaii, (96817), and being duly sworn and under oath swear

and affirm that all of my “unprofessional” LEGAL PLEAD-

INGS, including ALL PLEADINGS, are pled in good faith

and/or with good intentions for I hereby will uphold the CON-

STITUTION OF THE UNITED STATES OF AMERICA.

"2 ;

nice Ching Yee ; ,

Petitioner Pro Se

Subscribed and sworn this

31st day of March, 1976.

62

s Anthony C. Ornellas

Notary Public, First Judicial

Circuit, State of Hawaii

My commission expires: 2 13 80

63

CERTIFICATE OF SERVICE

I hereby certify three (3) copies of this Joint Petition for Writ

of Certiorari, will be served for this day of March 31, 1976, on:

WILLIAM L. FLEMING of

CADES, SCHUTTE,

FLEMING & WRIGHT

Attorneys for Respondents:

ROBERT HOGAN, ET AL;

HAROLD NICKELSEN, ET

AL; and

JAMES KOSHIBA &/ or the

HAWAII BAR ASSOC.

165 South King Street

Honolulu, Hawaii, 96813

RONALD AMEMIYA 594

NELSON CHANG 726

Attorney General and De uty

for Respondents:

GERRY NAGAHISA. ET AL;

and/or

DR. BETTY ADAMS,

ET AL;

RONALD AMEMIYA 694

CEDRIC CHOI 1375

Attorney General and Deputy

for Respondents

JUDGE B.M. VITOUSEK,

ET AL;

HAWAII STATE CAPITOL

415 South Beretania Street

Honolulu, Hawaii 96813

MAX GARCIA

Attorney for Respondent:

ROBERT FRANKLIN

Suite 990 Pacific Trade Center

190 South King Street

Honolulu, Hawaii, 96813

64

Wie: Janets %

MRS.YANICE CHING

3169 Alika Avenue

Honolulu, Hawaii, 96817

STANLEY KANETAKE

Attorney for Respondent:

STEPHANIE KOKERNAK

228 Kuulei Road

Kailua, Hawaii, 96734

EDWARD Y.C. CHUN of

CHUN, KERR, & DODD

Attorney for Respondents:

ALFRED ALPHONSE

YEE, ET AL;

Suite 1408, AmFac Building

700 Bishop Street

Honolulu, Hawaii, 96813

65

APPENDICES

STATUTES APPENDED

page

|. (EXCEPTION) LAW OF TORTS by William

“There may be recovery of other damages,

designated as “special”, if there is specific

pleading and proof. The Plaintiff may

recover compensation for any arrest or

imprisonment, 88 including damages for

discomfort or injury to his health, 89 or loss

of time 90 and deprivation of the society of

his family. 9/ He may recover any reason-

able expenses to which he has been put in

defending the prosecution and establishing

his innocence 92 including attorney's fees

in the criminal proceeding, 93 although such

fees in the action for Malicious Prosecution

itself are normally not recoverable. 94 In

addition, he may recover for any specific

financial loss such as the loss of present 95

or prospective 96 employment, which can be

proved with reasonable certainty to have

been caused 97 by the prosecution, provided

»that it is regarded as a foreseeable. or normal,

consequence of the criminal proceeding.” 98

“Because of the intentional and outrageous

nature oi the tort”—or “false arrest”

“guardian ad litem” or “trustee” order(s)-

“malicious” ILLEGAL FALSE “prosecution

is peculiarly adapted to the award of punitive

damages, and it is agreed generally that the

jury may award them when they find personal

ill will or oppressive conduct in the

“ILLEGAL FALSE “prosecution”. /

“Rich vs. Rogers, 1925, 250 Mass. 587, 146 N.E. 246, 37 A.L.R. 656 Wilson

vs. Bowers 1887, 64 Mich. 133.31 NW.

*’ Stoecker v. Nathamson, 1904, 5 Neh. U of. 435 98 NW. 1061

“ Hefer v. Hamburg Quarry Co. 1921, 208 Mo. App. 355, 233 S.W. 275

*! Walling v. Fields 1923, 209 Ala 389, 96 So. 471

* Seidler v. Burns 1912 86 Conn. 249, 8S A. 369

“3 Benderach v. Grujicich 1925, 30, N.M. 331, 233

“4 Benderach v. Grujicich

2. HAWAII'S REVISED STATUTES:

Chapter 728(1), (vol. #7), 1968, page 797:

“Conspiracy defined. If two or more persons conspire:

1) To commit any offense:

2) To instigate or incite another or others to commit any

offense:

3) To bring or maintain any suit proceeding knowing the

same to be groundless; or

4) To cause another or others to be arrested, charged,

or indicted for an offense, knowing them to be inno-

cent thereof:

each shall be guilty of conspiracy. (PC 1869, c 28, +1: am

L 1892, c 102, +1; RL 1925, +4331; RL 1935, +5720: RL

1945, +11120; am L SP 1949, ¢ 10, +1; RL 1955, +268-1)

3, HAWAII'S RULES OF CIVIL PROCEDURE, Rule 73 .34

Rule 73. APPEAL TO SUPREME COURT.

(a) How and When Taken. An appeal permitted by law from

a circuit court to the supreme court shall be taken by filing a

notice of appeal with the circuit court within 30 days from the

entry of the judgment appealed from, except that: (1) upon a

showing of excusable neglect the circuit court in any action

may extend the time for filing the notice of appeal not exceed-

ing 30 days from the expiration of the original time )erein pre-

scribed; (2) if a timely notice of appeal is filed by a party, any

other party may file a notice of appeal within 14 days of the

date on which the first notice of appeal was filed, or within the

time otherwise herein prescribed, whichever period last expires.

The running of the time for appeal is terminated as to all par-

ties by a timely nrotion made by any party pursuant to any of

the rules hereinafter enumerated, and the full time for appeal

fixed in this subdivision conmimences to run and is to be com-

puted from the entry of any of the following orders made upon

a timely motion under such rules: granting ar denying a motion

for judgment under Rule 50(0); or granting or denying a motion

under Rule 52(b) to amend or make additional findings of fact,

“H.S. Leyman Co. v. Short, 1926, 214 Ky. 272, 283 S.W. 96.

% Stoecker v. Nathanson

Cf. Baer v. Chambers 1912, 67 Wash 357, 121 P. 843

“Cf. Hanson v. Rhodes- Burford Furn. Co. 1923, 227 Ul App. 471

‘Western Union Tel. Co. v. Thomason, 4 Cir. 1918, 215 F. 833

whether or not an alteration of the judgment would be required

if the motion is granted; or granting or denying a motion under

Rule 59 to alter or amend the judgment; or denying a motion

for new trial under Rule 59. If the order or judgment appealed

from is appealable only upon the allowance of the appeal by

the court entering .{, any application for such allowance must

be made within 10 days after entry thereof and the appeal taken

within 10 days after the allowance is granted.

Failure of an appellant to take any step other than the timely

filing of a notice of appeal does not affect the validity of the

appeal, but is ground only for such action as the supreme court

deems appropriate, which may include dismissal of the appe2i.

If an appeal has not been docketed, the narties, with the appro-

val of the circuit court, may dismiss the appeal by stipulation,

filed in that court, or that court may dismiss the appeal upon

motion and notice by the appellant.

(b) Notice of Appeal. The notice of appeal shall specify the

parties taking the appeal and shail designate the judgment or

part thereof appealed from. Notification of the filing of the no-

tice of appeal shall be given by the appellant by serving the

same in the manner provided in Rule 5.”

(g) Docketing the Appeal; Filing of the Record on Appeal.

The appellant shall cause the record on appeal as provided for

in Rules 75 and 76 to be filed with the supreme court and the

appeal to be docketed there within 40 days from the date of fil-

ing the notice of appeal. The record will be filed and the apneal

docketed upon receipt by the clerk of the supreme court 1-

in the 40 days herein provided or within such shorter or longer

period as the court may prescribe, of the record on appeal and,

unless the appellant is authorized to proceed without prepay-

ment of fees, of the filing fee fixed by law. When more than one

appeal is taken from the same judgment, the circuit court may

prescribe the time for filing and docketing, which in no event

shall be less than 40 days from the date of filing the first notice

of appeal. In all cases the circuit court may extend the time for

filing the record and docketing the appeal upon motion of an

appellant made within the period for filing and docketing as

originally prescribed or as extended by a previous order, or

upon its own motion by order entered within such period; but

the circuit court shall not extend the time to a day more than

90 days from the date of filing the first notice of appeal. The

motion of an appellant for an extension shall show that his in-

ability to effect timely filing and docketing is due to causes be-

yond his control or to circumstances which may be deemed

excusable neglect. The circuit court or the supreme court may

require the record to be filed and the appeal to be docketed at

any time within the time otherwise provided or fixed.”

4. UNITED STATES CONSTITUTION++

A. AMENDMENTS:

1) FIRST AMENDMENT: 7,34,35,40

“Congress shall make no law respecting

an establishment of religion, or prohibit-

ing the free exercise thereof; or

abridging the freedom of speech, or of

the press, or the right of the people

peaceably to assemble, and to petition

the Government for a redress of

grievances.”

2) FOURTH AMENDMENT: 7.34.40

“The right of the people to be secure in

their persons, houses, papers, and effects,

against unreasonable searches and

seizures, shall not be violated, and no

warrants shall issue, but upon probable

cause, supported by oath or affirmation,

and particularly describing the place to

be searched and the persons or things to

be seized.

3) SIXTH AMENDMENT: 7,34,40.48

“In all criminal prosecutions, the accused

(what about aggrieved?) shall enjoy the

right to a speedy and public trial, by an

impartial jury of the State and district

wherein the crime shall have been

committed, which district shall have

been previously ascertained by law, and

to be informed of the nature and cause

of the accusation (against Plaintiff

against “false arrest” restraintive

“guardian ad litem”); to be confronted

with the witnesses against him; to have

compulsory process for obtaining witness

++WORLD BOOK ENCYCLOPEDIA(vol.4#'9) 1971, page 141 to 145.

++ENCYCLOPEDIA BRITANNICA(vol.#3) 1967, page 618 to 619.

++ENCYCLOPEDIA BRITANNICA(vol.46) 1967, page 401 to 407.

in his favor, and to have the assistance of

counsel for his defense (what about

prosecution as aggrieved party?)

4) EIGHTH AMENDMENT:

“Excessive bail shall not be required,

nor excessive fines imposed, nor cruel

and unusual punishments inflicted.”

5) THIRTEENTH AMENDMENT:

“Section |. Neither slavery nor involun-

tary servitude, except as a punish-

ment for crime whereof the party shall

have been duly convicted, shall exist

within the United States, or any

place subject to their jurisdiction.

Section 2. Congress shall have power to

enforce this article by legislation.”

6) FOURTEENTH AMENDMENT:

“Section 1. All persons born (or

naturalized) in the United States, and

subject to the Jurisdiction thereof, are

citizens of the United States and of the

State wherein they reside. No State shall

make or enforce any law which shall

abridge the privileges or immunities of

citizens of the United States; nor shall

any Siate deprive any person of life,

liberty, or property, without due process

of law; nor deny to any person within its

jurisdiction the equal protection of the

laws.”

“Section 2, 3, 4, also, not specified and

appended.

Section 5. “The Congress shall have

power to enforce by appropriate

legislation, the provisions of this

article.”

7) NINETEENTH AMENDMENT:

“Section |. The right of citizens of the

United States to vote shall not be -

denied or abridged by the United

States or by any State on account

of sex.”

7,34,40,48

7,34,40,48

' 7,34,40,

48,57

7,34,40,58

“Section 2. Congress shall have power to

enforce this article by appropriate

legislation.”

'

3

:

;

f

:

;.

}

NO. 5949

IN THE SUPREME COURT OF THE STATE OF HAWAII

OCTOBER TERM 1975

JANICE CHING YEE, Civil No. 44578

MOTION TO DISMISS

AND ALTERNATIVE

MOTION TO AFFIRM

Plaintiff-Appellant,

v.

ROBERT A. FRANKLIN,

)

)

)

)

)

)

)

)

Defendant-Appellee. )

)

)

ORDER

LYNOOS AWANdNS WAATD

unYy.) “Hf wee, 's

L0 & Wd 0¢ OAC SZL6l

APPENDIX “A(1)”

aaa

NO. 5949

IN THE SUPREME COURT OF THE STATE OF HAWAII

OCTOBER TERM 1975

JANICE CHING YEE, Civil No. 44578

MOTION TO DISMISS

AND ALTERNATIVE

MOTION TO AFFIRM

Plaintiff-Appellant,

ROBERT A. FRANKLIN,

Defendant-Appellee.

Se ee ee ee eee ee

ORDER

This court is of the opinion that a review of the pleadings and

the proceedings in the trial court on:

(1) Defendant’s motion to dismiss and alternative motion to

strike;

(2) Plaintiff's motion to amend complaint, motion to strike

Detendant’s motion to dismiss, and motion for summary

judgment for Plaintiff; and

(3) Plaintiff's motion to strike order to dismiss motion to

amend complaint without leave to amend and motion to

amend complaint for summary judgment,

shows that the trial court, in essence, considered the above mo-

tions as if the complaint had been amended in fact by the

Plaintiff;

That thereafter, after hearing arguments and a review of the

additional pleadings, the trial court affirmed its order granting

Defendant’s motion to dismiss.

Thus, on the basis of the record herein, appellee’s motion to

dismiss appeal is granted and the judgment of the trial court is

affirmed.

DATED: Honoluiu, Hawaii, December 30, 1975.

FOR THE COURT:

/s/ William S. Richardson

Chief Justice

NO. 5949

IN THE SUPREME COURT OF THE STATE OF HAWAII

OCTOBER TERM 1975

JANICE CHING YEE,

Plaintiff-Appellant,

'

v. PETITION FOR

REHEARING

ROBERT FRANKLIN,

Defendant-Appellee.

ze

EOS

ais

ORDER siz =

mets fm

Z=c (CS

a8

25s

-

APPENDIX “A(1)”

NO. 5949

IN THE SUPREME COURT OF THE STATE OF HAWAII

OCTOBER TERM 1975

JANICE CHING YEE, )

)

Plaintiff-Appellant, )

)

v. ) PETITION FOR

) REHEARING

ROBERT FRANKLIN, )

)

Defendant-Appellee. )

sine

ORDER

[he petition for rehearing filed on January 5, 1976, is denied

without argument.

DATED: Honolulu, Hawaii, January 12, 1976.

FOR THE COURT:

s William S. Richardson

Chiet Justice

ry

&

'

a

IST CIRCUIT COURT

STATE OF HAWAII

FILED

MAX NAKATA GARCIA-738

Suite 990 Pacific Trade Center

190 South King Street

Honolulu, Hawaii 96813

Telephone: 524-3722

1975 MAY 5 AM 10 42

s RS. YAMADA

CLERK

Attorney for Defendant

IN THE CIRCUIT COURT OF THE FIRST CIRCUIT

STATE OF HAWAII

JANICE CHING YEE, Civil No. 44578

)

)

Plaintiff, ) ORDER GRANTING

) MOTION TO DISMISS

VS. ) WITHOUT LEAVE TO

) AMEND AND DENYING

) MOTION TO AMEND

) COMPLAINT

)

)

ROBERT A. FRANKLIN,

Defendant

ORDER GRANTING MOTION TO DISMISS WITHOUT

LEAVE TO AMEND AND

DENYING MOTION TO AMEND COMPLAINT

Plaintiff filed her Complaint on March 17, 1975. Defendant

filed a Motion to Dismiss and Alternative Motion to Strike on

April 7, 1975. On April 17, Plaintiff filed a Motion to Amend

Complaint. A hearing was held on April 17, 1975, and the Court

reviewed the pleadings and heard the arguments. Good cause

appearing therefore,

ITISHFREBY ORDERED, ADJUDGED AND DECREED

that the Motion to Dismiss filed by Defendant is hereby

granted, without leave to amend the Complaint.

IT ISHEREBY FURTHER ORDERED, ADJUDGEDAND

DECREED that the Motion to Amend Complaint is hereby

denied.

DATED: Honolulu, Hawaii, May 2, 1975.

APPROVED AS TO FORM: ‘5s. Norito Kawakami

s/ JANICE CHING YEE, = Judge of the above-entitled

Plaintiff Court

SEAL

I do hereby certify that this is

a full, true, and correct copy

of the original on file in this

office.

s R.S. Yamada

Clerk, Circuit Court,

First Circuit

State of Hawaii

a

APPENDIX “A(2)”

MAX NAKATA GARCIA-738 IST CIRCUIT COURT

Suite 990 Pacific Trade Center emer ita

190 South King Street

Honolulu, Hawaii 96813 1975 JUL 18 AM 8 29

Telephone: 524-3722 Wey

CLERK

Attorney for Defendant

IN THE CIRCUIT COURT OF THE FIRST CIRCUIT

STATE OF HAWAII

JANICE CHING YEE, Civil No. 44578

)

)

Plaintiff, ) ORDER DENYING

) MOTION TO STRIKE

VS. ) ORDER TO DISMISS

) MOTION TO AMEND

) COMPLAINT WITHOUT

) LEAVE TO AMEND AND

) MOTION TO AMEND

) COMPLAINT FOR

SUMMARY JUDGMENT

ORDER DENYING MOTION TO STRIKE ORDER TO

DISMISS MOTION TO AMEND COMPLAINT WITHOUT

LEAVE TO AMEND AND MOTION TO AMEND

COMPLAINT FOR SUMMARY JUDGMENT

On May 6, 1975, Plaintiff filed a Motion to Strike Order To

Dismiss Motion To Amend Complaint Without Leave To

Amend and Motion To Amend Complaint For Summary Judg-

ment. On June 4, 1975, a hearing was held on the above Motion,

and arguments were heard, and good cause appearing therefor.

IT IS HEREBY ORDERED that the Motion To Strike Order

To Dismiss Motion To Amend Complaint Without Leave To

Amend and Motion To Amend Complaint For Summary Judg-

ment is hereby denied. This order shall take effect as of June 4.

1975, nunc pro tunc.

DATED: Honolulu, Hawaii, July 16, 1975.

ROBERT A. FRANKLIN,

Defendant.

s Norito Kawakami

Judge of the above-entitled

Court

APPENDIX “AQQ)’

October 4, 1975

Office of the Supreme Court

Supreme Court of Hawaii

Honolulu, Hawaii

Dear Sirs:

Plaintiff-Appellant Pro Se hereby requests a copy of the tran-

script of the hearing dated September 2, 1975 at 10:30 a.m. for

case No. 5903, according to Hawaii's Revised Statutes, Chapter

622-19.

May I also have a copy of the future transcript for the hearing

dated October 21, 1975, at 9:30 a.m. for case No. 5930, accord-

ing to Hawaii's Revised Statutes, Chapter 622-19, or can | re-

quest for a court reporter of my own?

Thank you for your kind attention.

s/ Mrs. Janice Ching Yee

Plaintiff-Appellent Pro Se

3169 Alika Avenue

Honolulu, Hawaii, 96817

APPENDIX “A(3)(a)”

SUPREME COURT OF HAWAII

ALIIOLANI HALE

HONOLULU

CHIEF JUSTICE

WILLIAM S. RICHARDSON

ASSOCIATE JUSTICES

BERT T. KOBAYASHI

THOMAS S. OGATA

BENJAMIN MENOR

H. BAIRD KIDWELL

October 20, 1975

Mrs. Janice Ching Yee

3169 Alika Avenue

Honolulu, Hawaii 96817

Dear Mrs. Yee:

Re: S. C. Cases Nos. 5903 and 5930 —

Your request to this court as stated in your letter dated Octo-

ber 4, 1975, for a copy of the transcript of the hearing dated

September 2, 1975, a copy of future transcript for case No.

5930, and your request for a court reporter are denied.

Very truly yours,

s' William S. Richardson

Chief Justice

APPENDIX “A(3)a)”

December 29, 1975

HAWAII'S SUPREME COURT JUSTICES

HAWAII'S SUPREME COURT

HONOLULU, HAWAII

YOUR HONORS

Can you please excuse Plaintiff-Appellant Pro Se for chal-

lenging the word of the good Justices against releasing copies

of the transcripts for Plaintiff-Appellant Pro Se per request of

October 4, 1975, for according to HAWAII'S REVISED STAT-

UTES, Chapter 622-19: “Transcript of Judicial Records”:

“A transcript of any of the records and judicial proceedings of

any court of record or of any judge of a court of record at

chambers, shall be admitted in evidence upon being authen-

ticated by the attestation of the clerk of the court with the

seal of the court annexed, or of the judge before whom the

preceedings were had, with the seal aforesaid.”

So, can | please have copies of transcripts for the hearings of

September 2, 1975 (case No. 5903); October 21, 1975 (case No.

5930), where counsel Ed Chun perjured for delay as this case

does not have an interlocutory decree or judgement; and No-

vember 5, 1975 (case No. 5949); and permission to order any

future transcripts.

Thank you for reversal of your denial of October 20, 1975,

according to HAWAII'S SUPREME COURT RULES’ CODE

OF PROFESSIONAL RESPONSIBILITIES’ ETHICAL

CONSIDERATION 7-22.

/s/ Mrs. Janice Ching Yee

Mrs. Janice Ching Yee

Plaintiff-Appellant Pro Se

Honolulu, Hawaii

APPENDIX “A(3a)”

Jan. 19, 1976

Office of Hawaii's Supreme Court

HAWAII'S SUPREME COURT

Honolulu, Hawaii

Dear Sirs:

Petitioner hereby requests for a “transcript of the record in

the case” for No. 5903; Yee vs. Chun; “including the proceed-

ings in the court whose judgment or decree is sought to be re-

viewed,” to “be certified by the clerk of the Supreme “Court”

of Hawaii, according to Rule 21 of the United States Supreme

Court Rules, for review by Petition for Writ of Certiorari to the

Supreme Court of the United States.

May this please include the entire record in Hawaii's Su-

preme Court, and/or lower Circuit Court; for S.C. No. 5903

and or Civil No. 44245, Yee vs. Chun.

Thank you for your fast consideration to this matter.

/s/ Mrs. Janice Ching Yee

Mrs. Janice Ching Yee

Plaintiff-Appellant Pro Se

Petitioner

3169 Alika Avenue

Honolulu, Hawaii

APPENDIX “A(3)a)”

Jan. 26, 1976

HAWAII'S SUPREME COURT JUSTICES

HAWAII'S SUPREME COURT

HONOLULU, HAWAII

Your Honors,

Can | please have a copy of the Transcript of the Proceedings

of case No. 5930, as evidence of Defendants-Appellees’ coun-

sel Edward Y.C. Chun’s Perjury, which is evidence for Plain-

tiff-Appellant Pro Se’s Petition for Writ of Certiorari in the

Supreme Court of the United States of America, for Yee vs.

Chun, S.C. No. 5903.

Can the Justices please order a copy from the clerks, accord-

ing to HAWAIVS REVISED STATUTES, Chapter 622-19, to

be authenticated, signed, and sealed by the Justices or by the

clerks.

Thank you for your fast consideration to this matter.

s Mrs. Janice Ching Yee

Mrs. Janice Ching Yee

Plaintiff-Appellant Pro Se

3169 Alika Avenue

Honolulu, Hawaii, 96817

APPENDIX “A(3,ay”

EDWARD K. SUZUKI SAMUEL K. MAKEKAU

CHIEF CLERK DEPUTY CLERK

OFFICE OF THE CLERK

SUPREME COURT OF HAWAII

P. O. Box 2560

HONOLULU, HAWAII 96804

January 27, 1976

Mrs. Janice Ching Yee

3169 Alika Avenue

Honolulu, Hawaii 96817

Re: Case No. 5903—Yee v. Chun and

Case No. 5930—Yee v. Yee

Dear Mrs. Yee:

The Court has directed me to inform you that there is no such

transcript of proceedings as referred to in your letter of January

26, 1976. Your request, therefore, will be denied.

Very truly yours,

/s/ Edward K. Suzuki

Edward K. Suzuki

Chief Clerk

APPENDIX “A(3)a)”

March 19, 1976

HAWAII'S SUPREME COURT AND, OR OFFICE

HONOLULU, HAWAII

DEAR SIRS:

According to Hawaii Revised Statuies, Chapter 622-19, can

| please have a copy of the transcript for the Hearing of March

9, 1976 for cases:

S.C. NO. 5924

S.C. NO. 5943

S.C. NO. 5969

S.C. NO. 5970

S.C. NO. 5971 and

S.C. NO. 6008

including matter pertaining to cases S.C. NO. 5903, 5930, 5949,

and 6102, completely as mentioned in the Hearing, without

any deletions in the testimony?

Thank you for this consideration.

s/ Mrs. Janice Ching Yee

Mrs. Janice Ching Yee

Plaintiff-Appellant Pro Se

3169 Alika Avenue

Honolulu, Hawaii, 96817

RECEIPT FOR CERTIFIED MAIL

No. 463581

Sent To: S.C. of Hawaii

Date: March 19, 1976

APPENDIX “A(3) (b)”

EDWARD K. SUZUKI SAMUEL K. MAKEKAU

CHIEF CLERK DEPUTY CLERK

OFFICE OF THE CLERK

SUPREME COURT OF HAWAII

P.O. BOX 2560

HONOLULU, HAWAII 96804

April 1, 1976

Mrs. Janice Ching Yee

3169 Alika Avenue

Honolulu, Hawaii 96817

Re: Yee vs. Nagahisa and

others

Nos. 5924, 5943, 5969,

5970, 5971, 6008, 5903, 5930,

5949 & 6102

Dear Mrs. Yee:

Your request of March 19, 1976 for transcript of hearings for

the above-entitled matters has been referred to the court for

consideration.

The court has directed me to inform you that your request has

been denied.

Very truly yours,

/s/ Samuel K. Makekau

Samuel K. Makekau

Deputy Clerk

SK M:gfk

APPENDIX “A(3)(b)”

NO. 5930

IN THE SUPREME COURT OF THE STATE OF HAWAII

OCTOBER TERM 1975

JANICE YEE,

Plaintiff-Appellant,

Vs.

ALFRED A. YEE,

Defendant-Appellee.

wm me ee ee ee ee eee ee” Se” ee ee ee ee”

DECISION AND ORDER

“Bay”

FC-D NO. 81258

APPEAL FROM THE

SIXTH SUPPLEMENTAL

DECISION AND ORDER

PROVIDING FOR DIVI-

SION AND MANAGE-

MENT OF PROPERTY:

FOR SUPPORT AND

MAINTENANCE OF

PLAINTIFF FOR

CUSTODY, SUPPORT,

MAINTENANCE OF

PLAINiIFF FOR CUS-

FODY,. SUPPORT.

MAINTENANCE AND

EDUCATION OF

CHILDREN AND DE-

TERMINING OTHER

MATTERS AI ISSUE,

FILED APRIL 4, 1975;

EIC.

FIRST CIRCUIT COURT,

FAMILY COURT

HONORABLE BETTY M.

VITOUSEK, JUDGE

aaa

[MOD IWIN IS WAIWD

sduyd “\ ur

SL6l Wd 809 € AON

NO. 5930

IN THE SUPREME COURT OF THE STATE OF HAWAII

OCTOBER TERM 1975

JANICE YEE, FC-C NO. 81258

APPEAL FROM THE

SIXTH SUPPLEMENTAL

DECISION AND ORDER

PROVIDING FOR DIVI-

SION AND MANAGE-

MENT OF PROPERTY,

FOR SUPPORT AND

MAINTENANCE OF

PLAINTIFF FOR

CUSTODY, SUPPORT,

MAINTENANCE AND

EDUCATION OF

CHILDREN AND DE-

TERMINING OTHER

MATTERS AT ISSUE,

FILED APRIL 4, 1975;

ETC.

Piaintiff-Appellant,

VS.

ALFRED A. YEE,

FIRST CIRCUIT COURT

FAMILY COURT

Defendant-Appellee.

mw mm ee ee ee ee ee ee eee ee ee Smee” mee” ee” ee See”

HONORABLE BETTY M.

VITOUSEK, JUDGE

DECISION AND ORDER

Appellant's Motion for Special Summary Judgment and Cus-

tody; or inthe Alternative, Motion for Custody and Reconsider-

ation of Temporary Alimony Payments and Child Support, and

Re-Motion for Summary Judgment for Plaintiff-Appellant and

Custody: Motion to Strike Defendants-Appellees’ Motion of

September 29. 1975, and appellees’ Motion tor Order Denying

Appellant's Motion for Summary Judgment and Reconsidera-

tion of Temporary Alimony and Child Support Payments; Mo-

tion to Dismiss, came on for hearing on Tuesday, October 21,

1975. The Court, having heard argument of appellant and apel-

lees’ counsel and considered the written submittals in support

of and opposition to the motions, and having read appellant's

opening brief and examined the record on file, finds that good

cause exists to deny appellant’s motions and to grant appel-

lees’ motions.

It is, accordingly, hereby ordered that appellant’s Motion for

Special Summary Judgment and Custody; or in the Alternative,

Motion for Custody and Reconsideration of Temporary Ali-

mony Payments and Child Support and Re-Motion for Sum-

mary Judgment for Plaintiff-Appeliant and Custody; Motion

to Strike Defendants-Appellees’ Motion of September 29, 1975,

are denied, and appellees’ Motion for Order Denying Appel-

lant’s Motion for Summary Judgment and Reconsideration of

Temporary Alimony and Child Support Payments is granted.

Appellees’ additional Motion to Dismiss appellant’s appeal is

granted on the ground that appellant's appeal is premature.

The Court directs appellant's attention to the Eighth Supple-

mental Decision and Order rendered by Judge Betty Vitousek

(filed April 28, 1975), wherein the Judge states, to-wit:

“That each party shall have thirty days from the date of

approval by this court of the trust instrument to be sub-

mitted by Defendant pursuant to paragraph 1(A) (4) (a) of

the Sixth Supplemental Decision and Order filed herein

preme Court of Hawaii.”

The Court further directs appellant's attention, and requires

of appellant to follow Rule 3 of this Court in appellant’s prep-

aration of her new opening brief, if any.

DATED: Honolulu, Hawaii, November 3, 1975.

William S. Richardson

Bert T. Kobayashi

Thomas S. Ogata

Benjamin Menor

' Robert Won Bal Chang

yrunueve

JANICE YEE.

Plaintiff-Appellant,

VS.

ALFRED A. YEE,

Defendant-Appellee.

NO. 5930

IN THE SUPREME COURT OF THE STATE OF HAWAII

OCTOBER TERM 1975

mee ee eee ee ee ee ee ee ee ee eee” ee ee ee”

ORDER

FC-D NO. 81258

APPEAL FROM THE

SIXTH SUPPLEMENTAL

DECISION AND ORDER

PROVIDING FOR DIVI-

SION AND MANAGE-

MENT OF PROPERTY;

FOR SUPPORT AND

MAINTENANCE OF

PLAINTIFF FOR

CUSTODY, SUPPORT,

MAINTENANCE OF

PLAINTIFF FOR CUS-

TODY, SUPPORT,

MAINTENANCE AND

EDUCATION OF

CHILDREN AND DE-

TERMINING OTHER

MATTERS AT ISSUE,

FILED APRIL 4, 1975;

ETC.

FIRST CIRCUIT COURT,

FAMILY COURT

HONORABLE BETTY M.

VITOUSEK, JUDGE

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Petition — Yee v. Yee · 426 U.S. 911 | Frix