UPDATED 2:00 p.m., Thursday, April 23
Lt. Gov. Sylvia Luke announced that she will take a leave of absence, without pay, for an indefinite period.
Gov. Josh Green said Keith Regan, the comptroller of the Department of Accounting and General Services, will serve as acting lieutenant governor. He would continue to serve as comptroller.
“Keith Regan is a steady and trusted leader who understands the responsibility that comes with this role,” Gov. Green said. “At a time when stability and continuity matter most, I have full confidence in him to step in and help lead our state forward while we continue focusing on the needs of our communities.”
Luke had been identified as the target of a bribery investigation by the state Dept. of the Attorney General, according to her lawyer David Louie.
A target letter indicates prosecutors are considering criminal charges. Louie said the state has not provided details or evidence to support the potential allegation.
Luke said in a written statement, "I understand that allegations which have been made against me are concerning. I ask for the public’s understanding and to allow this process to move forward appropriately."
Federal and state authorities have been investigating a bribery incident from over four years ago. The incident happened in January 2022, when an "influential state legislator" allegedly accepted $35,000 in a paper bag.
While Luke maintains that she did not take any money in a bag, in 2022, she reported returning two campaign donations from two lobbyists that totalled $10,000. She received the funds at a dinner in January 2022 which fit the description and time period of the $35,000 allegation.
Luke did not report receiving the funds and amended her campaign spending report after Honolulu Civil Beat alerted her of the missing contributions earlier this year.
Gov. Josh Green said he met with Luke on Thursday morning, where he asked her to take a leave of absence until the attorney general's investigation has resolved, "so government can remain focused on serving the people of Hawaiʻi."
In the situation of a temporary absence, the duties of the lieutenant governor go to the executive officers, bypassing the Senate president and House speaker. That would mean that the duties would first go to state Attorney General Anne Lopez, who previously committed to not accepting the role because of the investigation.
“I will not accept that position,” Lopez said at a February news conference. “If the Senate and the House don't want it, and it comes to me, I will say I don't want it either.”
The next person in line, according to state law, would be the Department of Budget and Finance Director Seth Colby, followed by the comptroller.
Regan has had two decades of public sector leadership experience. He was previously the managing director and finance director for the County of Maui, chief administrative officer of the Hawaiʻi Tourism Authority, and business management officer for the state Department of Commerce and Consumer Affairs.
Deputy Comptroller Meoh-Leng Silliman will serve as acting comptroller of DAGS during this period.
House Speaker Nadine Nakamura wrote in a statement, “I’m saddened to hear about the news regarding the Lieutenant Governor. We respect her decision to take a leave of absence while the investigation continues.”
A spokesperson for the House majority confirmed that Nakamura also declined the role of lieutenant governor. Senate President Ron Kouchi has previously said he is not interested in taking the position.
Luke announced that she would end her reelection bid on Sunday.
The investigation into the alleged $35,000 exchange
Former federal public defender Ali Silvert, who has been leading the call for the legislature to investigate the $35,000 exchange, explained that a criminal target letter could result in an indictment. If that happens, it will either be very broad with only basic information about the incident, or it could be what's called a "talking indictment." That's when the information in the court document goes beyond the required minimum information and illustrates a narrative of what happened.
"That's really up to the prosecutor how they write the indictment. Most indictments are very narrow and very brief in terms of what information they contain," he said.
Silvert emphasized that unless the case goes to trial, it's possible that the public will never learn what happened.
"If there is no indictment, I don't think you're going to learn very much at all because, if no one is charged, then the [Attorney General's] not going to release information related to their investigation because there are criminal rules that bind her not to release such information," he said.
That's why he submitted a petition with over 900 signatures from Hawaiʻi residents to the House, urging the body to publicly investigate the alleged exchange. Silvert explained that it would have been a way to discover if new laws or systems were needed to be put into place to prevent a similar situation from happening in the future.
However, the House voted to file the petition, effectively squashing the possibility of an investigation by the body at this time.
Vice Speaker Linda Ichiyama spoke on the floor during the vote in favor of filing the petition.
" I think it puts it on record that the House has received it. And it also opens the door for us to take further action on it in the future," she said.
"While the Attorney General's investigation is pending, which we as a body have urged our Attorney General to complete expeditiously and to provide updates on the status of the investigation, while that is pending, it is not appropriate for us to take action on this petition."
Earlier this month, the Attorney General gave an update regarding the status of her department's investigation. She reported that the Special Investigations and Prosecution Division reviewed thousands of pages of subpoenaed materials and conducted 18 interviews regarding the alleged exchange.
"This investigation is ongoing," wrote a department spokesperson on Thursday.
"To preserve the integrity of the investigative process, the Attorney General is not going to provide further comment. She remains committed to providing the public with information when it is appropriate."
The Attorney General's bi-weekly update on the status of the investigation is expected on Friday.
This is a developing story.
