State Rep. Galen Fox abruptly announced yesterday he will resign after being convicted of a federal misdemeanor for fondling a woman on a flight from Honolulu to Los Angeles last December.

Fox, a Republican who represents Waikiki, Ala Moana and Kaka'ako in the state House of Representatives, was convicted last month in federal court in Los Angeles. A misdemeanor carries a penalty of up to a year in jail, but Fox's attorney, Harland Braun, said Fox likely faces a fine and probation when he is sentenced early next year.

At a news conference at the state Capitol, Fox said he would resign effective Dec. 1. The 62-year-old representative read from a prepared statement but did not explain the nature of his conviction or take questions from reporters.

"I vigorously fought the charges against me, which I hold to be untrue. I lost," Fox said. "From now on in my personal life, I will have to bear the consequences of that loss.

"Though the news of my arrest and conviction is just out today, I have been living with the consequences of my arrest for several months, including the possibility of conviction. I believe the people of Waikiki, Ala Moana and Kaka'ako deserve to be represented by someone unclouded by a conviction such as the one I now carry."

Gov. Linda Lingle will have 60 days after Fox resigns to appoint a Republican replacement for House District 23.

Fox, who stepped down as House minority leader in May after five years, made the choice to resign after speaking with Lingle yesterday afternoon. Lingle's spokesman, Russell Pang, said the governor told Fox it was his decision but that she thought he should resign.

"I'm saddened by this situation and feel badly for Rep. Galen Fox and all the parties involved," Lingle said in a statement. "Rep. Fox has been a dedicated public servant, and it is unfortunate that this has happened. By resigning today he has done what is in the best interest of his constituents and the legislative process."

According to Fox's attorney , a woman sitting next to Fox on the flight accused him of inappropriately touching her while she slept. The woman confronted Fox when she awoke and she complained to the flight crew. Since the incident happened during a flight, the U.S. attorney's office in Los Angeles, where the plane landed, handled the case.

"It was one of those sad things. I think she didn't understand that he was just, you know, being friendly with her, not in an obscene way or anything, and she misinterpreted it to be making a sexual advance," Braun said. "And it became a whole hullabaloo on the plane and the whole thing."

The Advertiser was not able to identify or contact the woman for comment yesterday.

People at the Capitol and those who are close to Fox were stunned.

Fox, a father of two grown children, is known as an intelligent and clever lawmaker. A former U.S. foreign service officer and marketing chief for the state Department of Business, Economic Development and Tourism, he was elected to the House in 1996 and became minority leader in 2000.

House Minority Leader Lynn Finnegan, R-32nd ('Aliamanu, Airport, Mapunapuna), said she heard about the conviction about a week ago and was going to talk with Fox about it yesterday before his decision to resign. "I told him I thought it was the right thing to do," said Finnegan, who stood next to Fox at his news conference.

"He's a valued member of our caucus and it's very unfortunate."

Gail Yuen, a close friend to Fox, said she spoke with him earlier yesterday and had no indication the announcement was coming. The timing was apparently triggered by questions from television and newspaper reporters about the conviction.

"I'm speechless, really shocked; I can't believe it," Yuen said. "He's a very honest, decent person."

Tom Brower, communications director for the Democratic Party of Hawai'i, lives in Waikiki and has been active on the neighborhood board. He said some people had detected a change in Fox's mood in recent months. "He lives across the street from me and I wish him well," Brower said.

Sex offenders are required to register with the state attorney general so their personal information can be readily available to law enforcement officers. The state Legislature approved a new law this year, which Fox voted for in the House, that expands public access to photographs and information about where sex offenders live and work through a state Web site. But people with a single misdemeanor conviction are not subject to the public access requirements so their information would not be posted on the Internet or available to the public at police stations or the Hawai'i Criminal Justice Data Center. It was not clear yesterday how Fox's case would be handled.

Last year, former state Rep. Brian Blundell, a Maui Republican, was charged with misdemeanor sexual assault against an undercover police officer at a restroom in Kapi'olani Park. Blundell lost his re-election campaign and agreed to seek therapy and conditions similar to probation to resolve the case.

Reach Derrick DePledge at ddepledge@honoluluadvertiser.com.