WAIMEA — An attempt to arrest a sitting judge by William Gilroy, one of the Freedom Riders, was unsuccessful during Gilroy’s hearing on contempt of court and driving without insurance charges.
Gilroy was arrested Jan. 2 on Saddle Road while driving as part of Freedom Ride rally, a protest contending drivers do not need a license to operate a noncommercial vehicle on public roads. This interpretation of the law has found no traction in federal, state or local courts.
He appeared Tuesday before District Judge Michael Udovic, who presided over Gilroy’s initial hearing. Unlike his previous appearance, Gilroy walked up to the defendant’s table, although he declined to accept a copy of the charging document from deputy prosecuting attorney Britt Bailey.
Gilroy did not appear for an earlier hearing slated for March 15 and also was charged with contempt of court. He was arrested May 12 at a hearing for Paul Komara, who organized the Freedom Ride.
Udovic said he understood Gilroy did not acknowledge the authority of the court, but the law requires a number of steps. The next step was either a trial or a pre-trial conference, he said, and asked which option Gilroy wanted.
Instead, Gilroy sought to have the case eliminated through remedies Udovic labeled as appropriate for contract disputes or death matters.
Udovic brought up the evidence and materials needed at the trial of the no insurance issue.
“I’ve had insurance for 30 years,” Gilroy said.
“Then show it to us,” Udovic said.
“I don’t have to — that’s an invasion of privacy,” Gilroy responded.
Gilroy repeatedly said his “organization” had an opinion in the case, to which Udovic replied, “your organization is not being charged.”
Gilroy told West Hawaii Today he considers himself an organization, specifically “William Michael Gilroy, American private citizen and international organization.” This is a common belief among sovereign citizens. Courts across the country have rejected this reasoning.
Udovic continued to press Gilroy to decide if he wanted another pre-trial conference or to go immediately to trial.
Finally, Gilroy asked the bailiff to arrest Udovic, pointing to the state law that allows anyone to make an arrest if they see a crime being committed.
It was unclear as to what crime Udovic allegedly committed. The judge called the two sheriff’s deputies present forward.
“Mr. Gilroy, I don’t want to throw you into jail,” he said.
Under state law, a judge can find someone in contempt of court for a number of actions, including if “the person recklessly engages in disorderly or contemptuous behavior, committed during the sitting of a court in its immediate view and presence, and directly tending to interrupt its proceedings or impair the respect due to its authority.”
Based on the severity, the offense can be considered a misdemeanor.
Udovic ultimately pleaded not guilty on Gilroy’s behalf and set another pre-trial conference for 8:30 a.m. June 21.
Email Graham Milldrum at gmilldrum@westhawaiitoday.com.
