Clark v. Arakaki

Dissenting Opinion of

ACOBA, J.

I agree with the determination of the Circuit Court of the Third Circuit (the court) that the subject Charter Amendment (Amendment) should be prospectively applied with the first term of the four-term limit to begin following the election subsequent to the adoption of the Amendment. Term limits provisions not in existence but only ratified by voters in the same general election in which incumbents are elected should apply to the next election cycle. To hold otherwise wrongfully gives the term limits provision retrospective effect. See Taniguchi v. Ass’n of Apt.…