State v. Hofer

NOT FOR PUBLICATION IN WEST'S HAWAI#I REPORTS AND PACIFIC REPORTER

Electronically Filed
Intermediate Court of Appeals
CAAP-XX-XXXXXXX
29-AUG-2025
07:59 AM
Dkt. 30 SO

NO. CAAP-XX-XXXXXXX

IN THE INTERMEDIATE COURT OF APPEALS

OF THE STATE OF HAWAI#I

STATE OF HAWAI#I, Plaintiff-Appellee, v.
FRED HOFER, Defendant-Appellant

APPEAL FROM THE DISTRICT COURT OF THE THIRD CIRCUIT
PUNA DIVISION
(CASE NO. 3DTI-20-006772)

SUMMARY DISPOSITION ORDER
(By: Hiraoka, Presiding Judge, McCullen and Guidry, JJ.)

Fred E. Hofer, representing himself, appeals from the
Default Judgment & Notice of Entry of Default Judgment entered by
the District Court of the Third Circuit, Puna Division, on
May 10, 2023. Hofer did not answer his traffic citation within
the required time, and the District Court had jurisdiction. We
affirm.
On July 6, 2020, Hofer was issued a Notice of Traffic
Infraction(s) for No Vehicle License Plate (Hawaii Revised
Statutes (HRS) § 249-7); Delinquent Vehicle Tax (HRS § 249-2);
Expired Certificate of Inspection (HRS § 286-25); Registration
Not in Vehicle (HRS § 286-47(3)); and No Vehicle License Plate
(rear) (HRS § 249-7). The citation stated:

you must answer this Notice within 21 calendar days from the
date of this Notice by choosing Option 1 [Admit & Pay], 2
[Deny], or 3 [Admit but Explain Mitigating Circumstances],
below. If you do not answer within 21 calendar days from
the date of this Notice, the court will enter a default
NOT FOR PUBLICATION IN WEST'S HAWAI#I REPORTS AND PACIFIC REPORTER

judgment against you for the total amount of monetary
assessments and fees indicated on this Notice. . . . YOU
MUST TAKE ACTION WITHIN 21 CALENDAR DAYS FROM THE DATE OF
THIS NOTICE TO AVOID ENTRY OF DEFAULT JUDGMENT AGAINST YOU.

Hofer's answer was due on July 27, 2020. He didn't
answer. Instead, on September 10, 2020, he filed a Motion to
Dismiss with Prejudice for Lack of Territorial Jurisdiction.
Nothing happened until May 10, 2023, when the Default Judgment
for $350.00 was entered. It stated:

If default judgment has been entered against you in a
traffic infraction case, and you believe that you can show
good cause or excuse for your failing to take action
necessary to prevent the default judgment from being entered
against you, you may file a Motion To Set Aside Default
Judgment For Traffic Infraction(s) to request that the court
set aside the default judgment. You must also post an
appearance bond using the Appearance Bond form.

See HRS § 291D-7(e) (2007) (requiring "appearance bond equal to
the amount of the total amount specified in the default judgment
and any other assessment imposed").
Hofer filed a Motion To Set Aside Default Judgment For
Traffic Infraction(s) on July 7, 2023. He crossed out the part
of the form that stated "there was good cause or excuse for my
failure to take necessary action to prevent the entry of the
default judgment" and hand-wrote "I had filed a motion to dismiss
for lack of territorial jurisdiction[.]" He requested a hearing
on his motion to dismiss and a waiver of the appearance bond.
The District Court denied a waiver of appearance bond
and denied the motion to set aside default judgment on July 10,
2023. This appeal followed.
Hofer's opening brief does not comply with Rule 28(b)
of the Hawai#i Rules of Appellate Procedure. To promote access
to justice, we do not automatically foreclose him from appellate
review because he didn't comply with court rules. Erum v. Llego,
147 Hawai#i 368, 380-81, 465 P.3d 815, 827-28 (2020). We address
what we discern to be his arguments.

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NOT FOR PUBLICATION IN WEST'S HAWAI#I REPORTS AND PACIFIC REPORTER

(1) Hofer argues the Notice was "plain false." He
states, "I had a licenseplate, [sic] shiny and clean, in red and
gold, saying HA (for Hawaiian Archipelago) and the numerals 2015.
One Kingdom of Hawaii license plate. Also present, a Kingdom of
Hawaii safety check and current registration, all of which the
uniformed person refused to even look at." But he didn't make
these arguments within 21 calendar days from the date of the
Notice. See HRS §§ 291D-5(c)(6) (2007), 291D-6(a) (2007), 291D-
7(d), (e) (2007); Hawai#i Civil Traffic Rules (HCTR) Rules 8(e) &
15(a). The District Court did not err by entering the Default
Judgment.
(2) Hofer argues the Default Judgment was a clerical
mistake because he answered the Notice by filing the Motion to
Dismiss. That motion argued the District Court did not have
jurisdiction over Hofer because "Hawaii island is not within the
state of Hawaii." It was not an answer authorized by HRS
§ 291D-6. See also, HCTR Rule 8. And it was not filed within
21 days from the date of Hofer's citation. The District Court
did not err by entering the Default Judgment.
(3) Hofer's Motion to Dismiss challenged the District
Court's subject matter jurisdiction. Lack of subject matter
jurisdiction can be raised at any time. Yamane v. Pohlson, 111
Hawai#i 74, 83, 137 P.3d 980, 989 (2006). We thus construe the
Motion to Dismiss as one for relief from the Default Judgment
under District Court Rules of Civil Procedure (DCRCP)
Rule 60(b)(4).1
Existence of subject matter jurisdiction is a question
of law we review de novo. Yamane, 111 Hawai#i at 81, 137 P.3d at
987. Hofer's Motion to Dismiss argued the District Court had "no
jurisdiction over Hawaii Island — as it is outside the State of

1
DCRCP Rule 60(b) provides, in relevant part:
On motion and upon such terms as are just, the court may
relieve a party or the party's legal representative from a
final judgment, order, or proceeding for the following
reasons: . . . (4) the judgment is void[.]

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NOT FOR PUBLICATION IN WEST'S HAWAI#I REPORTS AND PACIFIC REPORTER

Hawaii[.]" His opening brief argues "the State of Hawaii does
legally not exist." "Whatever may be said regarding the
lawfulness of its origins, the State of Hawai#i is now, a lawful
government" that includes Hawai#i Island. State v. Kaulia, 128
Hawai#i 479, 487, 291 P.3d 377, 385 (2013) (cleaned up).
The Default Judgment & Notice of Entry of Default
Judgment entered by the District Court on May 10, 2023, is
affirmed.
DATED: Honolulu, Hawai#i, August 29, 2025.

On the briefs:
/s/ Keith K. Hiraoka
Fred Hofer, Presiding Judge
Self-represented
Defendant-Appellant. /s/ Sonja M.P. McCullen
Associate Judge
Stephen L. Frye,
Deputy Prosecuting Attorney, /s/ Kimberly T. Guidry
County of Hawai#i, Associate Judge
for Plaintiff-Appellee.

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