MK Law LLC 20 9 JUL -9 PH 3: SO Megan K. Kau 8078 1 820 Mililani Street, Suite 701 . Honolulu, Hawai?i 96813 Tel: (808) 8648896 Email: mk@megkaulaw.com Attorney for Plaintiff PETER B. CARLISLE IN THE CIRCUIT COURT OF THE FIRST CIRCUIT STATE OF HAWAII PETER B. CARLISLE, CIVIL NO. 19-1 '103 2 0 7 Div. (Declaratory Judgment) Plaintiff, COMPLAINT FOR DECLARATORY UDGMEN SUMMON V. CITY AND COUNTY OF HONOLULU, Defendant. COMPLAINT FOR DECLARATORY JUDGMENT Plaintiff Peter B. Carlisle hereby asserts the following complaint against the defendant identi?ed herein, and alleges and avers as follows: 1. Peter B. Carlisle (?Carlisle?) is and was at all relevant times herein a resident of the City and County of Honolulu, State of Hawai?i. 2. Defendant City and County of Honolulu is the municipal corporation organized under the laws of the State of Hawai?i to be the administrative department of the City and County of Honolulu. 3. This Court has jurisdiction over this matter pursuant to, among other authorities, Hawai?i Revised Statutes 632-1 and GUS-21.5. 4. Venue is proper under HRS 603-36 because this circuit is where the claim for relief arises. 5. The Revised Charter of the City County of Honolulu 1973 (201 7 Edition) states in pertinent part as follows3 Section 8-103. Prosecuting Attorney, Quali?cations The prosecuting attorney shall be a duly registered voter of the city, an attorney licensed to practice and in good standing before the supreme court of the state, who shall have engaged in the practice of law for at least ?ve years, and Who shall have been actively involved in criminal cases for at least three years Within ten years next preceding the prosecuting attorney?s election. 6. In order to run in the 2020 election for the City and County of Honolulu Prosecuting Attorney position, a candidate must ?le a nomination paper on or before June 2, 2020. 7. That nomination paper requires the candidate to certify that he/she is quali?ed under the law for the of?ce sought. 8. Carlisle intends to run in the 2020 election for the City and County of Honolulu Prosecuting Attorney position. 9. Carlisle was the Prosecuting Attorney for the City and County of Honolulu from 1996 to 2010. 10. For the past 10 years, Carlisle has been drafting a discourse that will serve as an instructional memorandum on how to try a murder case Without an actual body. 11. That writing is based on Carlisle?s experience as the Prosecuting Attorney for 14 years and speci?cally discusses the legal issues presented in State of Ha wai V. Kirk Matthew Lankford, CR No. 1PC071000822. 12. In addition, for the past 10 years, Carlisle has been interviewed by various media outlets to give his opinion regarding ongoing criminal cases. 13. Accordingly, Carlisle seeks a declaratory judgment from this Court ?nding that he is quali?ed to run for the 2020 City and County of Honolulu Prosecuting Attorney position. DATED: Honolulu, Hawai?i, .1 T/qll IN THE CIRCUIT COURT OF THE FIRST CIRCUIT STATE OF PETER B. CARLISLE, CIVIL NO, 19-1 10 3 2 0 7 (Declaratory Judgment) Plaintiff, SUMMON V. CITY AND COUNTY OF HONOLULU, Defendant. SUMMONS STATE OF TO THE ABOVE-NAMED You are hereby summoned and required to ?le with the court and serve upon Megan K. Kau, Plaintiffs? attorney, whose address is 820 Mililani Street, Suite 701, Honolulu, Hawaii 96813, an answer to the Complaint for Declara tozy Judgment which is herewith served upon you, within twenty days after service of this summons upon you, exclusive of the date of service. If you fail to do so, judgment by default will be taken against you for the relief demanded in the complaint. THIS SUMMONS SHALL NOT BE PERSONALLY DELIVERED BETWEEN 10:00 PM. AND 6300 AM. ON PREMISES NOT OPEN TO THE GENERAL PUBLIC, UNLESS A JUDGE OF THE ABOVE-ENTITLED COURT PERMITS, IN WRITING ON THIS SUMMONS, PERSONAL DELIVERY DURING THOSE HOURS. A FAILURE TO OBEY THIS SUMMONS MAY RESULT IN AN ENTRY OF DEFAULT AND DEFAULT JUDGMENT AGAINST THE DISOBEYING PERSON OR PARTY. DATED: Honolulu, Hawai?i CLERK OF THE ABOVE- ERITITLED COURT