• what-to-do-media
  • puako-general-store
  • Cheneviere Couture
  • Arnotts Mauna Kea Tours
  • World Botanical Garden
  • Hilton Waikoloa Village
  • Hilton Luau
  • Dolphin Quest Waikoloa
  • Discount Hawaii Car Rental
  • 10% Off WikiFresh

  • Say When

    July 2018
    S M T W T F S
    « May    
    1234567
    891011121314
    15161718192021
    22232425262728
    293031  

Hawaii Supreme Court Holds Oral Argument at Castle High School

The Hawaii Supreme Court held oral argument today at Castle High School with about 200 Oahu high school students in attendance.

Students from Castle, Farrington, McKinley, and Mililani high schools and Le Jardin Academy participated in the Judiciary’s Courts in the Community outreach program. They prepared to watch the oral argument by working through a curriculum developed by the Kamehameha V Judiciary History Center and the Students for Public Outreach and Civic Education of the University of Hawaii’s William S. Richardson School of Law. Attorneys from the Hawaii State Bar Association also volunteered their time to visit classrooms to assist in preparing students for the argument.

The case heard at Castle, CC vs. DD, is a parentage case involving a former same sex married couple. The issue is whether Appellant has a legal parent/child relationship with the child born to Appellee during the marriage.

The goal of Courts in the Community is to enhance students’ understanding of the Judiciary’s role in government and its function in resolving disputes in a democratic society. The Hawaii Supreme Court convenes in schools to hear oral argument in actual cases pending before the court. Since the program’s inception in 2012, 56 schools and about 3,900 students have participated. This is the 11th oral argument under this program.

“Our Courts in the Community program enables students to discover how our judicial system operates in practice,” said Chief Justice Mark E. Recktenwald. “Through this experience, we hope that the students realize the judicial process is designed to get to the truth by carefully considering both sides of the case. That understanding of the rule of law is vital to the future of our democracy.

“I would like to express my sincere appreciation to the teachers, the Hawaii State Bar Association, the Hawaii State Bar Foundation, and the volunteer attorneys who helped make this happen. These invaluable partnerships are what make the program a success,” added Chief Justice Recktenwald.

The Hawaii State Bar Association and the Hawaii State Bar Foundation generously provided the students with lunches and transportation to and from their schools.

“The Hawaii State Bar Association would like to thank and congratulate the many dedicated teachers, volunteer attorneys, school and court administrators, and especially the students, who together made the Hawaii Courts in the Community Supreme Court session at Castle High School such an overwhelming success,” said Howard Luke, president-elect of the Hawaii State Bar Association. “The attorneys arguing each side of the many unique, challenging issues presented in this case set the stage for a very spirited question-and-answer session following the Court proceedings.

“It was especially encouraging to see how well prepared and thoroughly engaged the students were, as demonstrated by their very thoughtful, relevant questions to the justices. We are grateful for this wonderful opportunity made possible by our Hawaii Supreme Court,” added Luke.

Oral argument was followed by two separate question-and-answer sessions for the students – one with the attorneys and another with justices.

Hawaii Supreme Court Special Session in Honor of the Late James S. Burns

The Hawaiʻi Supreme Court will convene in special session to honor the late James S. Burns, former Chief Judge of the Intermediate Court of Appeals, on:

Tuesday, April 11, 2017
4:00 p.m.
Supreme Court Courtroom
Aliʻiolani Hale, Second Floor
417 South King Street
Honolulu, Hawaiʻi  96813

Chief Judge James Burns

The special session is anticipated to last approximately one hour, and will include remarks from representatives of the Judiciary and the legal community.

This event is open to the public.

Hawaii Supreme Court Holds Oral Argument at McKinley High School

As part of the Judiciary’s Courts in the Community outreach program, the Hawaii Supreme Court heard oral argument today at McKinley High School.

mckinleyAbout 470 students from McKinley High School, St. Andrew’s Priory, Saint Francis School, Kamehameha Schools – Kapālama, Damien Memorial School, Hālau Kū Māna Charter School, University Laboratory School, and Farrington High School, as well as Mid-Pacific Institute, had the opportunity to learn more about the Judiciary’s role in government and its function in resolving disputes in a democratic society.

Under the program, the Hawaii Supreme Court convenes in schools to hear oral argument in cases pending before the court. This is the eighth argument in the program, which began in 2012.  To prepare, the participating juniors and seniors from each school studied a curriculum developed by the Kamehameha V Judiciary History Center and the Students for Public Outreach and Civic Education of the University of Hawaii’s William S. Richardson School of Law.

mckinley-closeupsAttorneys from the Hawaii State Bar Association also volunteered their time and facilitated a moot court activity in the participating classrooms, where the students had the opportunity to argue the case themselves before attending the Courts in the Community event.

mckinley1“Our Courts in the Community program is about hands-on civics education and providing students with a chance to go beyond the textbooks by observing a real Supreme Court oral argument in person. Through this experience, we hope that the students realize it is a process with integrity, one that’s designed to get the truth. That understanding is vital to the future of our democracy,” said Chief Justice Mark Recktenwald. “I would like to extend a special mahalo to the teachers, the Hawaii State Bar Association, and the dozens of volunteer attorneys who helped make this happen. These invaluable partnerships are what make the program a success.”

mckinley2The Hawaii State Bar Association (HSBA) and the Hawaii State Bar Foundation generously provided the students with lunches and transportation to and from their schools on Oahu.

“I’d like to thank our attorneys who enthusiastically volunteered to visit participating classrooms for pre-event discussions and preparations,” said Jodi Lei Kimura Yi, HSBA President. “It was exciting to see the students intently following the arguments and asking very probing questions after the official court proceedings.”

mckinley-vipThe court heard oral argument in the case of State v. Trinque. Oral argument was followed by two separate question-and-answer sessions for the students; one with the attorneys and another with the five justices.

Hawaii Supreme Court Amends Rules Regarding Electronic/Photographic Coverage of Courts

The Hawaii Supreme Court has amended Rule 5.1, 5.2 and 5.3 regarding electronic/photographic coverage of court proceedings, technical guidelines when extended coverage is permitted, and use of electronic devices in courtrooms.
U.S. citizen Berenson attends a hearing which reviews her parole at an anti-terrorism court in Lima
Here is a link to the modified rules, which were just posted today on their website:

http://www.courts.state.hi.us/docs/court_rules/pdf/2015/2014_rsch5.1_5.2_5.3am_ada.pdf

To summarize the rules:

  • The extended coverage application process remains the same
  • The number of video cameras remains the same (one pool camera and the judge may grant a second camera for live coverage at his/her discretion)
  • The number of still cameras remain the same (one still photographer allowed and the judge may allow a second still photographer).  The only change to this rule is that a still photographer may also video record proceedings (this was at the request of Civil Beat and other online media that would like to be able to take video clips with their still cameras)
  • Another modification to the rule is that media used to be able to audio record a court proceeding using a hand-held recorder.  That technology has become almost obsolete, so a member of the public or an individual from the media may now use electronic devices such as laptops, tablets, cell phones or smart phones for audio recordings of the proceeding, with the prior permission of a judge
  • The judge may also grant a timely request by a member of the public or individuals from the media to use electronic devices for note-taking purposes as well.  This request is not included in the extended coverage application nor does it have to be in writing.  Media or members of the public can ask a judge’s law clerk prior to a proceeding or work with our office in advanced for this prior permission from the judge
  • In all other cases, electronic devices cannot be used during a court proceeding.  The members of the bar, judiciary personnel and self-represented litigants may use electronic devices under specific conditions (for court-related business).
  • Electronic devices may be brought inside the courtroom, but ring tones and other sounds shall be silenced and the devices cannot be used to make or receive calls inside the courtroom
  • A presiding judge may prohibit or further restrict the use of any electronic devices prior to the proceedings to protect the interests of security, safety, privacy of parties, jurors, witnesses, attorneys, etc.

Hawaii Supreme Court Takes Oral Argument to Big Island

Today, the Hawaii Supreme Court heard oral arguments at the Kealakehe High School Gymnasium before an audience of approximately 600 students from Kealakehe High School, Kohala High School, Konawaena High School, Kau High School, Kua O Ka La New Century Public Charter School, Makua Lani Christian Academy and West Hawaii Explorations Academy, as well as members of the public.

Approximately 600 students watched a Hawaii Supreme Court oral argument in Kailua-Kona. After the proceeding, the students had the opportunity to participate in a question-and-answer session with the justices.

Approximately 600 students watched a Hawaii Supreme Court oral argument in Kailua-Kona. After the proceeding, the students had the opportunity to participate in a question-and-answer session with the justices.

It was part of the Judiciary’s Courts in the Community outreach program, which educates students and informs the general public about the Judiciary’s role in government and its function in resolving disputes in a democratic society.

The court heard oral arguments in Molfino v. Yuen. The oral argument was followed by two separate question-and-answer sessions for the students; one with the attorneys and another with the five justices.

“We wanted to take an oral argument, which would have otherwise been held in Honolulu, and bring it to the West Hawaii community. This gives students the opportunity to go beyond the textbooks and experience a Supreme Court oral argument in person,” said Chief Justice Mark Recktenwald. “We thank the teachers and the West Hawaii Bar Association for their time, commitment, and partnership in making today possible.”

To prepare for the oral argument, the participating juniors and seniors from each high school studied a curriculum developed by the Kamehameha V Judiciary History Center and the Students for Public Outreach and Civic Education of the University of Hawaii’s William S. Richardson School of Law. The students’ study was followed by a moot court activity facilitated by members of the West Hawaii Bar Association. The Hawaii State Bar Association and the Hawaii State Bar Foundation generously provided the students with lunches and transportation to and from Kealakehe High School.

Applicants Wanted for Attorney Disciplinary Board

The Hawaii Supreme Court is seeking applicants for six lawyer and non-lawyer positions on the Disciplinary Board.

JudiciaryThe Board’s duties include overseeing the Office of Disciplinary Counsel which investigates allegations of attorney misconduct and recommends appropriate action to the Hawaii Supreme Court.

The terms will begin on July 1, 2014 and last for three years. The positions are not compensated although travel expenses are reimbursable. Applicants from all islands are being sought.

Qualifications include sound judgment and a willingness and ability to learn the functions and procedures of the Board. The deadline to apply is May 9. 2014. Those interested should submit a letter and resume to the Hawaii Supreme Court, Nominating Committee, c/o Gayle J. Lau, P.O. Box 26436, Honolulu, HI 96825.

Governor Abercrombie Names Judge Michael Wilson to Hawaii Supreme Court

Gov. Neil Abercrombie today named Judge Michael D. Wilson as his nomination for associate justice to the state Supreme Court. This nomination will fill the upcoming vacancy when Associate Justice Simeon Acoba retires next month and is subject to state Senate confirmation.

Judge Wilson

Gov. Abercrombie joined Judge Wilson and his family members to announce the appointment in a news conference this afternoon in the Executive Office Ceremonial Room.

“Both on and off the bench, Judge Wilson is a well-respected leader,” Gov. Abercrombie said. “He brings a wealth of experience, having served as an attorney and Circuit Court judge. The Constitution and our kuleana responsibilities to it will be in good hands.”

“I am very grateful and humbled for being placed as a candidate by the Judicial Selection Commission and honored by the Governor’s appointment,” said Judge Wilson.

Judge Wilson, 60, has served on the First Judicial Circuit since 2000, presiding over the felony trial calendar, drug court and mental health court. Previously, he was a chairperson of the Hawaii Board of Land and Natural Resources and Commission, commissioner for the Kahoolawe Island Reserve Commission and executive director for the state Division of Consumer Advocacy.

A graduate of Kailua High School, Judge Wilson earned a B.S. from the University of Wisconsin and a J.D. from the Antioch School of Law.

The high court is composed of a chief justice and four associate justices. Judge Wilson is Gov. Abercrombie’s third appointment to the state Supreme Court. Justices are nominated by the Governor from a list of names submitted by the Judicial Selection Commission. A justice’s nomination is subject to confirmation by the state Senate. Each justice is initially appointed to a 10-year term. All justices must retire at age 70.

Supreme Court of Hawaii Seeking Comments on Ammending Rules to Allow Use of Electronic Devices in Courtrooms

The Supreme Court of Hawaii seeks public comment regarding a proposal to amend Rule 5.1 and adopt Rule 5.3 of the Rules of the Supreme Court of the State of Hawaii. The proposal will allow the use of electronic devices in public court proceedings, subject to certain limits.

Comments about the proposed rules should be submitted, in writing, no later than Monday, June 3, 2013, to the Judiciary Communications & Community Relations Office by mail to 417 South King Street, Honolulu, HI 96813, by facsimile to 539-4801, or via the Judiciary’s website.

Click to enlarge

Click to enlarge

Commentary – Mililani Trask on Geothermal Development

I received the following commentary on behalf of Mililani Trask regarding geothermal development in Puna.

Mililani Trask

In recent weeks a small group of angry & uninformed individuals have begun a campaign of misinformation, the goal of which is to prevent the development of geothermal energy on Hawaii Island. Claiming ownership of the Pele name & case information, this group is asserting that geothermal development threatens the cultural & religious practices of Hawaiians and violates their First Amendment rights under the US Constitution.

I am sending out this email to clarify what occurred when the Pele cases were litigated and how the outcome of the cases expanded Hawaiian cultural practice but did not stop or prevent geothermal development.

In the early 1980’s the Campbell Estate made public its plan for geothermal development at Kahauale’a. They brought in cheap filthy technology, never had a public community meeting, ignored Hawaiian traditional rights to gather & worship, and presented a plan under which they would reap hundreds of millions of dollars without any benefit to the public & native Hawaiians, who were the owners of geothermal public trust assets. Campbell Estate had wanted to develop Kahauale’a , but when these lands proved undevelopable, Campbell & the State moved for a land exchange in order to develop Wao Kele O Puna Forest.

Palikapu Dedman & others then challenged the land exchange in State contested case hearings. They claimed genealogical ties to Pele & asserted that drilling for geothermal was a desecration & rape of Pele’s body & a violation of their rights under the 1st Amendment of the Constitution. The Pele Defense Plaintiffs lost on appeal to the Hawaii Supreme Court. The Supreme Court ruled their right to worship had not been burdened because the area of development was not a traditional place of ceremony. (see Dedman V. DLNR , 740 P.2d 28 (1987)

Following this loss, the Pele Defense plaintiffs brought suit in Federal Court arguing that the land exchange violated the trust contained in the Admissions Act. The Pele Defense Plaintiffs lost this case when the court ruled their claims were barred because of the State’s Sovereign Immunity under the 11th Amendment.

The Pele Defense Plaintiffs also litigated this in State Court, but lost when the State Court ruled that the Federal decision had resolved the issue.

Despite these losses, Hawaiians did win a significant victory when the Court acknowledged & supported Hawaiian cultural rights and expanded the exercise of these rights to areas outside the ‘ahupua’a. Prior to this case, the practice of cultural rights had been limited to the area of the ‘ahupua’a.

Initially, the legal strategy and work was undertaken by the Law Offices of Yuklin Aluli & Mililani Trask. Early on, I left Oahu and returned to Hawaii Island to represent the Kupuna who would later be called upon to lead the march. Soon, the Native Hawaiian Legal Corporation (NHLC) joined in and with the help of many Hawaiian legal minds and the Native American Rights Fund (NARF) the Pele cases were initiated & litigated. Some attorneys gave advice, some did research & some took the case to the Supreme Court. Attorneys from the continent helped with the environmental claims, it was a collective effort by many. The Pele cases are important legal precedents that should be understood by all because they set criteria on Hawaiian rights to worship, and also established conditions for development in culturally sensitive areas.

In March 1990, environmentalists called for the ‘Big March’. Shortly after the announcement, it became evident that the so-called ‘Hawaiian leaders’ of the PDF were not going to get arrested. None of them lived in Puna, One was a medical doctor from Molokai & Oahu, who was concerned about his reputation, his girlfriend (an academic from Manoa) was worried about her career, Palikapu Dedman also backed out claiming he could not get arrested because he was a convicted felon on probation! In the end, it was aunty Pele Hanoa, (Palikapu’s mother) who walked at the head of the March with other Kupuna wahine from Ka Lahui Hawaii. I walked with them as their attorney, I met with the police before hand to ensure there would be no problems, I held their purses when they climbed over the fence & bailed them out of jail. The police, some of whom were Hawaiian, helped the Kupuna by assisting them over the fence, there was no negativity, injury or anger.

If you check the record you will find that none of the PDF ‘leaders’ have ever gotten arrested protecting Hawaiian cultural or religious rights. Palikapu Dedman did not bring or win these cases, he does not have the capacity, the attorneys brought and won this case. Whenever the time has arisen to stand up to stop desecration of culture, Palikapu has always used the same excuse….he is a felon with criminal convictions (shoplifting, firearms violations & multiple convictions for Promoting Detrimental Drugs in our community) and can’t risk getting arrested again!!!!!
As a Hawaiian who has been arrested protecting cultural rights & burials, I am proud of the effort that went into the Pele cases, and proud to have been a part of the legal effort to advance & expand our cultural rights to worship. Its time we use these wins to ensure that culture is respected & protected when renewable energy is developed for Hawaii Island.

In the 24 years since the case was brought and for the last 18 years that PGV has been operating in Puna, there has not been a single case or instance of a Hawaiian being denied their right to worship Pele because of geothermal development.

Mililani B. Trask, Attorney
Indigenous Expert to the United Nations
Indigenous Consultants, LLC

Supreme Court Rules Election Maps Unconstitutional… Big Island Will Gain Senate Seat Now

Click for full document

The Big Island will now get another seat in the Senate:

The Hawaii Supreme Court ruled Wednesday that the new election maps for the state of Hawaii are unconstitutional.The court ordered the Hawaii Reapportionment Commission to draw up new maps that conform with state law….