Veteran Honolulu civil attorney Kevin Sumida, a defense witness in the high-profile Kealoha corruption trial, is now the one under scrutiny. He appeared before the Disciplinary Board of the Hawaiʻi Supreme Court last week after complaints that he lied on the witness stand, with the allegations centering on courtroom video from the 2019 trial that prosecutors say shows him thumbing through papers during a recess even as he later denied doing so on cross-examination. The board did not announce a decision at the hearing and is expected to issue a ruling in the coming months.
Disciplinary counsel urged the board to impose either a public reprimand or a suspension, while a hearings officer had earlier recommended the lowest possible sanction, a private informal admonition. As reported by Civil Beat, attorney Dana Harada told the board that knowingly giving false testimony "strikes at the core of the justice system." The board heard from witnesses including U.S. District Judge J. Michael Seabright and Assistant U.S. Attorney Michael Wheat, and the full hearing record will now be reviewed before the board issues its recommendation.
How attorney discipline works in Hawaiʻi
The Disciplinary Board and the Office of Disciplinary Counsel handle attorney misconduct cases in Hawaiʻi and can impose penalties that range from a private informal admonition up to suspension or disbarment. According to the Disciplinary Board, the board itself may issue private or public reprimands, while recommendations for suspension or disbarment are typically forwarded to the Hawaiʻi Supreme Court for final action. In deciding sanctions, the board weighs the seriousness of the misconduct, any prior discipline and whether the attorney accepts responsibility.
What happened at the 2019 trial
Sumida took the stand for Katherine Kealoha during the 2019 public corruption trial. Prosecutors later introduced courtroom video that appears to show him flipping through paperwork during a recess while telling Assistant U.S. Attorney Michael Wheat that he had not reviewed the documents. As reported by Hawaii News Now, a U.S. marshal and court footage indicated that Sumida handled files for several minutes and even dropped a page into his lap. Prosecutors argued the episode undermined his credibility at a pivotal moment in the jury’s assessment of testimony.
Sumida's response and next steps
Sumida's attorney, Wesley Ching, told the disciplinary board that his client was "full of anxiety and nervous energy" while waiting on the stand and was not consciously aware of thumbing through papers, according to Civil Beat. The outlet also reports that the hearings officer recommended a private informal admonition, the lowest level of discipline, while disciplinary counsel Dana Harada urged the board to opt for a public reprimand or suspension instead. The board did not announce a decision at the hearing; its written recommendation will be released after deliberations and could be adopted by the Hawaiʻi Supreme Court if more serious sanctions are proposed.
Legal implications
If the board ultimately finds that Sumida knowingly gave false testimony, the outcome could range from a confidential admonition to a form of public discipline that would follow him on his professional record. Per the Disciplinary Board, public reprimands or private reprimands may be imposed directly by the board, while any recommendation for suspension or disbarment must be sent to the Hawaiʻi Supreme Court for final action. The board's ruling, expected in the coming months, will determine whether Sumida's case ends with a quiet admonition or a sanction with lasting public consequences.
