Castro v. Administrative Director of the Courts

Concurring and Dissenting Opinion by

NAKAYAMA, J.

I concur in part IX of the majority opinion affirming the Director’s revocation of Castro’s license under HRS § 286-258(d)(2). However for the reasons expressed in my dissent in State v. Garcia, 96 Hawai'i 200, 214, 29 P.Sd 919, 933 (2001) (Nakayama, J., with whom Ramil J., joins, dissenting), and infra, I believe that State v. Wilson, 92 Hawai'i 45, 987 P.2d 268 (1999), was wrongly decided and should be overruled. Therefore, I would affirm the Director’s findings of fact, conclusions of law and decision revoking Castro’s license.

Because of the…