Maui County’s outgoing Council was scheduled to consider Friday whether to confirm Mayor Richard Bissen’s choices for the county’s two top legal jobs: First Deputy Corporation Counsel Mimi Desjardins for corporation counsel and incumbent Andrew Martin for prosecuting attorney. If confirmed, both appointments would take effect Jan. 2, 2027, when the new Council is sworn in.
The two resolutions would put Desjardins in the role held by Corporation Counsel Victoria Takayesu and allow Martin to remain in a position he has held since January 2021. Maui Now reported that Council Services knew of no earlier instance in which an outgoing Council chose the county’s legal leadership for a new term.
Why an Outgoing Council Is Making the Call
The Independent Nomination Board, created by a Charter amendment to vet candidates for the posts, could not act after losing its quorum. A member’s Sept. 8 resignation and a recusal left four members eligible to vote, too few for a formal decision, according to Maui Now’s earlier report on the appointments.
Bissen sent appointment notices to the Council on Oct. 26, ahead of his Nov. 3 deadline. The Council had until Nov. 25 to act; under the Charter, the nominations would be deemed approved if it missed that deadline, Maui Now reported.
The Board’s Purpose and the Charter’s Fallback
The 2022 Charter amendment that created the Independent Nomination Board was intended to increase transparency, depoliticize appointments through community involvement and give the public more opportunities to participate, according to Maui Now, which quoted Council Member Keani Rawlins-Fernandez. When the board cannot produce nominees by its deadline, the Charter allows the mayor to make an appointment within 30 days without consulting the board, Maui Now reported. Voters narrowly rejected repealing the board in 2026: 20,781 voted against repeal and 20,509 voted for it, according to Maui Now, citing final Hawaiʻi Office of Elections results. The selection models differ elsewhere in the state: the Hawaiʻi Legislative Reference Bureau’s government guide identifies Hawaiʻi County’s prosecuting attorney as an elected officer.
Councilmember Josiah Nishita, who supported Desjardins' confirmation, said the Charter dictates the process despite its unusual timing. Desjardins herself said the only way to prevent outgoing officials from picking their successors' successors would be amending the Charter, and added that the public needs better education about how the Independent Nomination Board works.
Desjardins' Plans and Her Disciplinary History
Desjardins told the Council she has practiced law in Maui County for 37 years, working with four mayors across 30 years of experience that includes stints as a judge, private attorney, deputy corporation counsel and first deputy corporation counsel. She said she would represent everyone in the county equally and outlined plans to seek a new litigator in next year's budget to help fill two vacancies in the department's counseling and drafting division, which currently has about 24 attorneys total.
She also said she plans to add contract language requiring special counsel to alert the department once outside retainers are 75% spent, though she said such overruns have not been a recurring problem. Desjardins said the department relies on annual reviews and training, and she said she hopes Takayesu — who has committed to staying through the wildfire litigation before retiring — will serve as her own first deputy.
The criminal case against Desjardins arose from her time as a judge in 2013. Maui Now reported that prosecutors alleged she signed probable-cause paperwork showing a 1 p.m. time despite arriving at the Wailuku police station at 2:25 p.m., and said she signed 10 such records. Her attorney argued that police and prosecutors had held the detainee beyond the 48-hour limit by about seven hours. Desjardins pleaded no contest to one count of tampering with a government record, was ordered to pay $2,000 to the state’s general fund and perform 300 hours of community service, and received a one-year deferral that could have kept a conviction off her record if she remained arrest- and conviction-free.
The 2nd Circuit Court dismissed the criminal case on April 24, 2014. Desjardins said the incident involved a judgment error while she was a judge and cost her career on the bench.
Desjardins' nomination drew at least one note of caution: Councilmember Lisa Darcy expressed reservations about Desjardins, citing the county's original 2022 safe parking pilot program. Councilmember Travis Liggit separately raised concerns about the county's position in a wastewater-permit contested case and its potential effects on bacteria-monitoring requirements. Councilmember Kauanoe Batangan said he did not intend to take a committee vote before the full Council meeting.
Martin's Record and Plans for a Second Term
Martin has led the prosecuting attorney’s office since January 2021 and oversees a department of approximately 90 professionals. Martin has said he acted because it was the right thing to do.
Deputy prosecutors supported Martin's reappointment, and Councilmember Brandon Paredes said Martin is dedicated to victim-centered prosecution and seeking justice with aloha. Martin addressed an October 13 statement he made, saying it was intended to set the record straight rather than to be political; he also said a police chief's press conference had violated professional standards for discussing ongoing investigations.
Looking ahead, Martin said he plans to prioritize renovating department offices at 24 North Church Street, expand diversion programs, and hold a domestic violence symposium in the spring.
A Charter Safeguard and a Past Appointment
The prosecuting attorney is appointed through a process involving the Independent Nomination Board and Council approval.
Martin's current post dates to January 2021, when then-Mayor Michael Victorino announced his appointment as Maui County prosecuting attorney, a selection that was also subject to Council confirmation, according to the Honolulu Star-Advertiser. At the time, the paper reported, Martin had served as a Maui County deputy prosecuting attorney since February 2015.
