THE POWER OF STRATEGIC PARTNERSHIP: A RECENT VICTORY | ||
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After several years of wondering who would fill the void left by attorney David Hayakawa and become the new "King of Family Court," we finally have our answer. | ||
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Before ascending to the bench, Judge Hayakawa was universally recognized as the undisputed "King of Family Court." Now, among many potential successors, we officially have a new king—Attorney Jason Say. | ||
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Mr. Say's rise wasn't overnight. Attorney David Hayakawa actually introduced him to family law, and when I called Mr. Say for background on this story, he was direct: his current success wouldn't have been possible without Judge Hayakawa's mentorship. In fact, Judge Hayakawa taught Mr. Say how to file his very first TRO about 15 years ago. | ||
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But enough background -- let's get to the extraordinary moment that made legal history: the first open court motion to get an applause after winning. | ||
A Complex Case with High Stakes | ||
Last week, courtroom observers at Circuit Court witnessed a masterclass in legal advocacy from Mr. Say. The moment was so compelling it drew nods of approval from the gallery and reminded everyone what sharp, compassionate representation looks like. | ||
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The case involved a man accused of abuse who faced a sweeping no-contact order that included his two-year-old son—despite no allegations of harm involving the child. | ||
The Critical Legal Challenge | ||
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Here's where things got complicated: If the criminal court had granted this broad no-contact order, it would have permanently barred our client from custody rights, even though a family court TRO hearing was scheduled just days later that would likely remove the child from the order. | ||
While the circuit court protective order could eventually be amended through the trial judge, there would be a minimum 3-4 week wait before an expedited hearing could even be scheduled. We were caught between two courts: one with a resolution in days, and another that would take weeks to amend a new protective order. | ||
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Judge Haia had all but approved the protective order when Mr. Say objected and argued for removing the child's name from the order. For several minutes, Mr. Say explained the far more stringent standards involved with the family court TRO, which had already passed review by the family court judge, child protective services, and victim advocates. Yet the prosecutor's office remained insistent that the new no-contact order include the two-year-old child. | ||
An Unforgettable Courtroom Moment | ||
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Anyone familiar with OCCC knows the inmate gallery can get vocal, and their commentary often carries through the closed-circuit TV system into the courtroom. While Judge Haia took breaks between Mr. Say's arguments to review the no-contact order, the gallery could hear inmates making comments like: | ||
"Ho bah, this guy really fighting for him!" | ||
And: "Bra, wish my attorney stood up like that." | ||
At one point, a court clerk had to announce over the microphone, "Excuse me, we can hear you," to quiet the chatter from OCCC inmates. | ||
The Historic Reversal | ||
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After what Say called "strenuous arguments," the judge—himself a veteran of family law practice—removed the child from the criminal stay-away order, recognizing the importance of keeping custody decisions within Family Court jurisdiction. It was extraordinary to witness a judge's decision reversed in real time. | ||
Jason successfully: | ||
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Judge Haia, drawing on his extensive family law background, carefully considered the arguments and ultimately modified his initial decision. | ||
A Standing Ovation from an Unlikely Source | ||
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After Judge Haia approved the removal, something unprecedented happened: the inmates at OCCC clapped. The entire crowd of roughly 12 inmates literally cheered at the end of the ruling. It was surreal, and when I spoke with Mr. Say afterward, he said it was one of the most gratifying moments of his career. | ||
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Here’s to you, Mr. Say — congratulations on securing your place among the legends of family court. | ||
“a fan and an advocate,” | ||
- Got Bail Nick |
