Barack Obama birth certificate hearing, Hawaii Judge sets hearing, Andy Martin plaintiff, Defendants Linda Lingle, Dr. Chiyome Fukino, November 18, 2008

From Andy Martin:

“Hawaii Circuit Judge Bert I Ayabe set a November 18 hearing in Andy Martin’s case to release Barack Obama’s original, typewritten 1961 birth certificate and any supporting documents
 
 
(HONOLULU)(October 29, 2008) Judge Bert I Ayabe Wednesday set a hearing in the case of Andy Martin vs. Linda Lingle, First Circuit for Honolulu, No. 08-1-2147-10.
 
The hearing is set for November 18, 2008 at 10:30 A.M.
 
Anyone wishing to contribute to the expenses of this litigation is welcome to do so:
http://CommitteeofOneMilliontoDefeatBarackObama.com
 
———————————————
ANDY MARTIN
Post Office Box 1851
New York, NY 10150-1851
Toll-free tel. (866) 706-2639
Toll-free fax  (866) 707-2639
Temporary Hawai’i
tel. (917) 664-9329
Plaintiff pro se
 
 
 
CIRCUIT COURT OF THE FIRST CIRCUIT
STATE OF HAWAII
 
 
ANDY MARTIN,                         ) CIVIL NUMBER: 08-1-2147-10
                                             ) (Declaratory Judgment)
          Plaintiff,                        )  Judge Ayabe
                                             )
     vs.                                    ) COMPLAINT FOR
                                             ) DECLARATORY JUDGMENT;
LINDA LINGLE, in her                ) EXHIBIT 1: SUMMONS
Official capacity as Governor      )
Of the State of Hawai’i,             )
DR. CHIYOME FUKINO, in her     )
official capacity as Director        )
of the Department of Health,     )
                                             )
          Defendants.                  )
_________________________________
 
 
 
COMPLAINT FOR DECLARATORY JUDGMENT

 

     Plaintiff ANDY MARTIN (“Plaintiff”), pro se, alleges in his Complaint for Declaratory Judgment against the Defendants as follows:
 
PARTIES, JURISDICTION AND VENUE

 

     Plaintiff ANDY MARTIN is the author of a book on Senator Barack Obama (“Senator Obama”). He has also been writing columns and commentary about the senator for over four (4) years.   
     Defendants LINDA LINGLE and DR. CHIYOME FUKINO are Governor and Director of the Department of Health, respectively.
     This Complaint for Declaratory Relief and these proceedings are instituted pursuant to § 632-1, Hawai’i Revised Statutes.
     Venue is proper in this Court pursuant to § 603-36, Hawaii Revised Statutes.

 

STATEMENT OF CLAIM
 
     1. Plaintiff requested a certified copy of the birth certificate of Senator Obama from the Department of Health and tendered the requisite fee.
     2. Defendants refused to provide a copy of said certificate, invoking the confidentiality statutes of the State.
     3. The issue of the Senator’s birth certificate has become a controversial topic of intense national speculation.
     4. As an author who strives for factual accuracy and attempts to conduct thorough research Plaintiff wants a copy of the Senator’s birth certificate attested to by the State and not a “certificate” which is posted on a web site and which has been debunked as possibly having been altered.
     5. One of the more literate and temperate analyses of the unlawfulness of the Defendants’ refusal to issue certified copies of the birth certificate is contained in Exhibit 1 attached hereto.
     6. To the extent that the Defendants’ files contain or retain original supporting data for the birth certificate, Plaintiff asks that he also be supplied with that information and/or material as well.
     7. It is axiomatic that the birth certificate of a presidential candidate is a document of crucial public concern and significance.
     8. While Hawai’i statutes call for a balancing or weighing test where production is considered by a court, most respectfully Plaintiff submits that the balance falls entirely on the side of disclosure where the original birth certificate of a presidential candidate is concerned.

 

DECLARATORY RELIEF SOUGHT

 

     9. Based on the relevant statutes and constitutional law, including Article One, Section 4 (“freedom of the press”) and § 92F-15 (e) and § 338-18 (a) (9), Plaintiff asks that the Court direct and order defendants to turn over forthwith a copy of Senator Obama’s birth certificate and related files and records, and without any delay.

 

     WHEREFORE, Plaintiff Andy Martin prays for relief as follows:
     A. For a declaration by this Court that Plaintiff is an author and writer and is a person to whom the birth certificate of Senator Obama can and should properly be delivered forthwith;
     B. For such other relief as this Court deems just and equitable.
     Dated: Honolulu, Hawai’i, ______________________
 
                                   Respectfully submitted,
 
                                   ANDY MARTIN
                                   Plaintiff Pro se”