Hawaii Bar Journal - August 2015

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BAR JOURNAL A N O FFICIAL P UBLICATION

Hawaii’s Environmental Court Bitcoin and Banks

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H AWAII S TATE BAR A SSOCIATION AUGUST, 2015 $5.00

TA B L E O F C O N T E N T S VO L U M E 1 8 , N U M B E R 8

EDITOR IN CHIEF Carol K. Muranaka BOARD OF EDITORS Christine Daleiden David Farmer Susan Gochros Cynthia Johiro Edward Kemper Laurel Loo Melvin M.M. Masuda Lennes Omuro Brett Tobin Jodi Kimura Yi

ARTICLES 4 The Hawai‘i Environmental Court: A New Judicial Tool to Enforce Hawaii’s Environmental Laws

by Hon. Michael D. Wilson

14 Bitcoin and Banks – A Primer

by Dustin M. Monroy

HSBA OFFICERS President Gregory Markham President-Elect Jodi Kimura Yi Vice President Nadine Ando Secretary Russ Awakuni Treasurer Mark M. Murakami YLD OFFICERS President Miriah Holden Vice President/President-Elect Ryan Hew Secretary Alicia Mears Treasurer Ryan Loeffers EXECUTIVE DIRECTOR Patricia Mau-Shimizu

OF NOTE 18 Case Notes 22 25th Annual Meeting of the Inter-Pacific Bar Association 23 Calling All Landsharks 24 HSBA Happenings 27 Use of Electronic Devices in the Courtrooms 28 Court Briefs 30 Off the Record 30 Pro Bono Celebration 2015 31 Classifieds

GRASS SHACK PRODUCTIONS Publisher Brett Pruitt Art Direction Debra Castro Production Beryl Bloom

Hawaii Bar Journal is published monthly with an additional issue in the second quarter of each year for the Hawaii State Bar Association by Grass Shack Productions, 1111 Nuuanu Ave., Suite 212, Honolulu, Hawaii 96817. Annual subscription rate is $50. Periodical postage paid at Honolulu, Hawaii and additional mailing offices. POSTMASTER: Send address changes to the Hawaii Bar Journal (ISSN 1063-1585), 1100 Alakea St., Ste. 1000, Honolulu, Hawaii 96813.

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On the cover: Croton Basket by Helen C. Iaea. Iaea started her career in oils and soon moved on to acrilics, watercolors and pastels. She was intrigued and challenged by watercolor and pastel the most, fell in love with both media and has never looked back! She is an honorary life member of the Hawaii Watercolor Society and served as President and Vice-President. In 2001 a dream was realized with the creation of the Pastel Artists of Hawaii, a non-profit art organization whose focus is to showcase and promote an awareness of soft pastel as a serious medium. They host two exhibits a year and sponsor one workshop with a nationally recognized artist annually.

She is currently President and Workshop Chair. More of Iaea’s work can be seen by visiting the Louis Pohl Gallery at 1142 Bethel Street or at www.heleniaeafineart.com Notices and articles should be sent to Edward C. Kemper at edracers@aol.com, Cynthia M. Johiro at cynthia.m.johiro@hawaii.gov, or Carol K. Muranaka at carol.k.muranaka@gmail.com. All submitted articles should be of significance to and of interest or concern to members of the Hawaii legal community. The Hawaii Bar Journal reserves the right to edit or not publish submitted material. Statements or expressions of opinion appearing herein are those of the authors and not necessarily the views of the publisher, editorial staff, or officials of the Hawaii State Bar Association. Publication of advertising herein does not imply endorsement of any product, service, or opinion advertised. The HSBA and the publisher disclaim any liability arising from reliance upon information contained herein. This publication is designed to provide general information only, with regard to the subject matter covered. It is not a substitute for legal, accounting, or other professional services or advice. This publication is intended for educational and informational purposes only. Nothing contained in this publication is to be considered as the rendering of legal advice.

The Hawai‘i Environmental Court:

A New Judicial Tool to Enforce Hawaii’s Environmental Laws

by Hon. Michael D. Wilson What Do We Care About Most At 10:49 a.m. EDT, July 20, 1996 the Space Shuttle Columbia lifted off launch pad 39-B at the Kennedy Space Center for what would become the longest and most complex shuttle mission up to that time. Aboard Columbia was astronaut Charles E. Brady, Jr., a brilliant physician who was also a former Blue Angels fighter pilot.

As Chuck Brady looked at Hawai‘i from space he asked himself the question, “What do I care about the most?” From his unique geographical position, he was a witness for humanity of the condition of Earth. He developed anxiety watching the deterioration of the Earth day after day, but found solace when, during its rotation, he saw Hawai‘i. It was the most beautiful, pristine, healthy-appearing part of the planet — green islands shining in the middle of the Pacific Ocean. From space, he made a pact with himself to travel to Hawai‘i to encourage its protection.

As the director of the Department of Land and Natural Resources for the State 4 August 2015

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of Hawai‘i (“DLNR”), it was my good fortune to be the one Chuck Brady came to visit in fulfillment of his personal pledge in 1996. He told me the clearest of his revelations in space was that everything he cared about — his family, his community, his nation — was dependent on a fragile, seemingly small planet that was under siege.

To understand the creation of the environmental court for the State of Hawai‘i1 is to ask the question the islands inspired Chuck Brady to ask: “What do we care about the most?” The environmental court’s purpose is to protect the land, air, and water that give Hawaii life.

The state motto recognizes that the lives of Hawaii’s people depend on how the environment is treated: “The life of the land is perpetuated in righteousness.”2 The Hawai‘i Constitution contains provisions unique among state constitutions mandating that natural resources, including “natural beauty,” be conserved and protected for “future generations” and that such resources be developed and utilized “in a manner consistent with their conservation and in furtherance of the self-sufficiency of the State.”3 No other

state has elevated protection of “natural beauty” to the level of a constitutional mandate; nor has any state mandated that natural resources be managed in furtherance of self-sufficiency.4 Hawaii's Constitution also is one of only seven state constitutions that guarantee to every citizen "the right to a clean and healthful environment[.]”5 The idea of a court designed to protect our natural resource heritage arose on Maui through the patient, enduring leadership of Jan Dapitan and her volunteer colleagues who administer Keep the Hawaiian Islands Beautiful, a nonprofit organization dedicated to beautification of America, and more specifically, Maui.

With the support of Senator Gilbert Keith-Agaran, Senator Mike Gabbard, Representative Chris Lee, and Governor Neil Abercrombie, the Court was established pursuant to Act 218 with a start date of July 1, 2015. The stated purpose of the act “is to promote and protect Hawaii’s natural environment through consistent and uniform application of environmental laws by establishing environmental courts.”6 In support of this purpose the legislature found “that the

continued maintenance and improvement of Hawaii’s environment requires constant vigilance and continued stewardship to ensure its lasting beauty, cleanliness, uniqueness, and the stability of its natural systems, all of which enhance the mental and physical well-being of Hawaii’s people.”7 The legislature concluded the protection of the environment required greater participation by the judiciary to ensure that the State upholds its public trust duty to protect the environment for future generations.

The legislature further finds that Hawaii’s natural resources are compromised every day resulting in numerous violations of the law. An environmental court will better ensure that the State upholds its constitutional obligation to protect the public trust for the benefit of all beneficiaries.

2014 Haw. Sess. Laws Act 218 § 1 at 73738. Thus, with the establishment of the environmental court, the legislature sought to better ensure just treatment of Hawaii’s environmental treasure.

What is happening to what we care about most?

A second question useful to understanding the environmental court of Hawai‘i is: “What is happening to what we care about most.” What is happening

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to the land, air, and water upon which our immediate and global communities depend? At a global level, climate change is often declared the most important issue facing humanity. Three hundred thousand people gathered at the United Nations in New York to make this point on September 22, 2014.

As a member of the three hundred thousand, United Nations SecretaryGeneral Ban Ki-moon described the importance of climate change: “This is the planet where our subsequent generations will live . . . there is no ‘Plan B,’ because we do not have ‘Planet B.’”8 One of the world's most acclaimed environmental jurists, Brazil Supreme Court Justice Antonio Benjamin, has described climate change as the single most important legal issue facing judges globally. He made that observation in his remarks prepared for Hawaii’s environmental court judges at the judicial training in Honolulu on May 22, 2015.

Justice Benjamin also observed that judges are called upon to address climatechange ramifications to all areas of law, including insurance and contracts, but they do not receive clear guidance from the legislative or scientific community.9 Noted environmental law professor Mary Wood10 teaches that climate change is humanity’s most important legal issue because degradation of land, air, and water is leading to destabilization of the

ecosystems upon which successful economies and concomitant human rights depend.

At a recent international environmental law conference for judges convened by the Supreme Court of India on March 14, 2015, the Hawai‘i environmental court was discussed in the context of its importance to environmental rule of law internationally. Among judges and justices from around the world, including Justice Antonio Benjamin, there was wide recognition that Hawai‘i is the place most identified as the ideal environment. By all measures, the term environment is usually identified globally as a positive concept associated with the natural world.

Among environmental ecosystems, the more favorably regarded are warm coastal areas with beaches. Of all the world’s beach locations, Hawai‘i is the most recognized for its natural beauty.

Thus, under this analysis, Hawai‘i is the location most widely perceived as Earth’s ideal environment.

As the most enduring global image of an ideal environment, Hawai‘i provides a crucial juxtaposition to the alarming environmental issues normally perceived by the world community. These issues commonly have grave implications: the poisoning of the sacred Ganges River in India, decreased life expectancy for people in the world’s most contaminated cities, destruction of the world’s most important forest in the Amazon, radiation poisoning from the Tohoku tsunami, devastation of the marine ecosystem in the Gulf of Mexico from petroleum contamination, the recently declared states of emergency in California due to drought, and the oil spill that fouled the coastline of Santa Barbara. Faced with epic demonstrations of environmental damage to the Earth’s ecosystems, the world community needs a beacon of hope – a place of transcendent beauty where the power of nature is renowned for inspiration and healing.

As broadly acknowledged by the assembled judges in India, that place is Hawai‘i. With this view,

judges and justices from courts represented at the India conference shared Astronaut Chuck Brady’s conviction— and the conviction of the Hawai‘i State Legislature—that Hawaii’s environment is a treasure for humanity that must be treated justly.

The National Green Tribunal of India offers an example for Hawai‘i of informed, independent enforcement of the environmental rule of law. The “Green Tribunal” has attained the distinction of the world’s leading environmental court. To reduce air pollution in New Delhi, it ordered the seizure of certain polluting vehicles and prohibited open burning of waste.11 To address pollution of the sacred Ganges River, the court prohibited the discharge of toxic effluent.12 It ordered the cessation of “rat hole” mining by young boys who caused river pollution and often died while digging deep holes to extract coal.13 In the course of deciding over 7,000 cases, the Green Tribunal developed significant jurisprudence supporting fundamental principles of international environmental law.14 The Supreme Court of India and the Green Tribunal are also supporting Hawaii’s environmental court.

In a truly generous measure of its sincere interest in the success of the Hawaii environmental court, the Supreme Court of India sent the presiding Judge of the National Green Tribunal, the Honorable Justice Swatanter Kumar to Hawai‘i. Justice Kumar met with the Hawai‘i Supreme Court and the University of Hawaii Law School in June 2015. He was a principal participant at the environmental court conference at the University of Hawai‘i on June 26, 2015.15 Hawai‘i faces resource challenges.

There is consensus that Hawaii’s preeminent natural resource, upon which life and the economy depend, is drinking water.

The Pearl Harbor Aquifer is the most important aquifer on the island of O‘ahu and currently supplies about 100 million gallons per day of fresh groundwater mainly for public supply. Decisions related to future infrastructure development and alternate sources of fresh water,

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including desalinization, will depend on the long-term sustainability of the groundwater resources in the Pearl Harbor aquifer.

Groundwater head levels in Pearl Harbor, which supplies 60 percent of O‘ahu’s municipal water, have declined by one-half since 1910.

Salinity of water pumped by some wells in the eastern part of the Pearl Harbor aquifer have risen in recent years.16 Maui’s water supply is another example of the challenge facing a core natural resource. For example, data illustrates that the Iao aquifer’s water levels have declined to 50 percent of predevelopment water levels, levels of chloride have surpassed the U.S. Environmental Protection Agency secondary drinking water guideline of 250 milligrams per liter, and the transition zone level of the freshwater lens has reduced from 823 feet in 1985 to 667 feet in 2007.17 The future of Hawaii’s naturally occurring water systems is likely to involve legal decision-making by

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Hawaii’s environmental court.

Loss of forest watersheds that replenish the aquifers is another significant

issue. As the Pearl Harbor aquifer diminishes, so does the watershed upon which its recharge depends.

Hawai‘i has already lost one-half of its natural forest cover. The islands’ native forests are among the world’s biological treasures, sheltering more than 10,000 native species – more than 90 percent of which are endemic or unique to Hawai‘i. All total, there are 48 different native Hawaiian forest and woodland types and more than 175 different species of native trees, the vast majority of which are found nowhere else in the world. For all their biological richness, these forests have been characterized as among the most endangered in the world.18 Deterioration of forests and its connection to the state’s economy and environment will likely be an important subject for the environmental court.

Climate change is a signature environmental issue for Hawai‘i locally.

The significance to Hawai‘i of climate change gives credence to the views of Justice Benjamin and Professor Wood

that there is no more important issue facing humankind and its courts.

Mayor Kirk Caldwell recently warned that iconic Waikiki beach faces problems caused by global warming: [T]he unfortunate fact of global warming and the sea level rising is that our beaches on Waikiki continue to erode on a regular basis. . . .

Waikiki Beach is one of the most famous beaches in the world. . . .

Without the beach we wouldn’t be where we are today. It brings in billions in revenues, and it’s what keeps tourists coming back year after year.

But it’s not just for the tourists. About 30,000 people live in Waikiki, and they enjoy going to the beach, too.”19 The manner in which resources are expended to protect beaches, whether through coastal hardening, sand replenishment or coastal land condemnation will spawn legal disputes arising from private claims and agency actions. It is likely these disputes will ultimately be resolved in the environmental court.

Climate change poses threats to coral. Coral is an anchor species in Hawaii’s ocean ecosystem. As noted by the DLNR as recently as June 10, 2015, coral reefs are the foundation of the Hawaiian aquatic ecosystems and damage to them suggests a deterioration of the whole ecosystem.20 DLNR officials suspect that climate change and warming sea temperatures are contributing to the stress on the reefs, making them more vulnerable to disease and bleaching.

Activities that affect the coral reef system, are likely to be considered by Hawaii’s environmental court.

Administration of the Hawai‘i Environmental Court The utilization of environmental courts as a means to achieve law-based protection of the environment is new to the United States. As Chief Justice Recktenwald noted during the Environmental Court Judicial Conference on May 22, 2015, while nearly forty countries have developed environmental courts, the United States has only two statewide environmental courts.21 Hawaii’s jurisdiction is the broader of the

two. Its environmental courts encompass civil and criminal cases in district and circuit courts.22 The jurisdictional subject matter of Hawaii’s environmental court is specifically defined by reference to particular statutes.23 More broadly, a jurisdictional catch-all provision also provides for assignment of cases to the environmental court whenever “the chief justice determines that due to [the] subject matter of [the issues] assignment is required to ensure the uniform application of environmental laws.”24 To recognize the extraordinary reach of this jurisdictional declaration, consider that every natural resource can fall within its purview: water; forests; streams; beaches; air; mountains; terrestrial and marine animals and plants; state parks with their associated issues of litter; graffiti; and illegal camping. Notably, cultural resources25 are also within the jurisdiction of Hawaii’s environmental court.26 Does the ordering of all natural resource laws under one court matter?

No new regulatory laws were added to address resources needs. No additional funding for natural resource protection was allocated to the Department of Land and Natural Resources. The Judiciary did not receive supplemental funds to support the environmental court.

Nonetheless, can the environmental court be administered in such a way that its purpose is realized? Can the environmental court “better ensure that the State upholds its constitutional obligation to protect the public trust for the benefit of all beneficiaries[?]”27 Will the environmental court merely aspire to achieve its purpose, or will it be an authentic means to effectively implement the environmental rule of law?

The strategic positioning of environmental legal issues with one court does bespeak an opportunity for historic change. The public trust is a useful example of a rule of environmental law that can benefit from an enhanced knowledge-base gained by an environmental court judge. It is an evolving doctrine with a genesis in common law,28 followed by elevation of the doctrine to the level of a constitutional mandate pursuant to arti-

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cle XI, section 1 and article XII, section 7 of the Hawai‘i constitution.29 The specialized knowledge-base of an environmental court judge practiced in public trust issues would also provide an understanding of the doctrine’s effect on standing30 and the proper framework for applying the public trust doctrine to water or other natural resources.31 Specialized knowledge of an experienced environmental court judge encompasses technical as well as legal issues, e.g., hydrology as it pertains to Hawaii’s aquifers and surface water; marine biology as it relates to illegal harvesting of coral and other marine resources; meteorology as it relates to el nino global warming and sea-level rise; geology as it relates to shoreline hardening and beach replenishment. Thus, organizing technical as well as legal environmental issues under one court will facilitate informed, efficient, and consistent application of Hawaii’s environmental laws.

Every county prosecutor, the state public defender, the attorney general, the Natural Resources Section of the Hawaii State Bar Association, the chief judges of every state judicial circuit, the DLNR, and the William S. Richardson School of Law have joined to make the court effective and fair. Through every phase of the creation of the environmental court, Chief Justice Recktenwald has led with a clear, steady belief that the Judiciary and Hawai‘i bar will make the court a success.

It was his vision to gain insights from other jurisdictions with environmental courts, including Vermont and India.32 He personally organized close collaboration within the Judiciary, including neighbor island staff and judges.

Deputy Administrative Director for the Courts Iris Murayama, Legislative Coordinator Karen Takahashi, and the Chief Court Administrators for each circuit were empowered by the Chief Justice with full license to develop the environmental court.Judges Barbara Richardson and Jeannette Castagnetti designed calendaring systems for the District and Circuit Courts. The wise counsel, meticulous attention to detail,33 and good cheer of all partners nurtured the “roll-out” of a court poised to meet its 12 August 2015

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mandate. Chief Judge Joseph Cardoza captured the core feeling among the team when he noted: “This is historic.” __________________ 1 Haw. Rev. Stat. § 604A-1 (Supp. 2014).

2 Haw. Rev. Stat. § 5-9 (2009).

3 Haw. Const., art. XI, § 1. Section 1, Conservation and Development of Resources, states: For the benefit of present and future generations, the State and its political subdivisions shall conserve and protect Hawaii’s natural beauty and all natural resources, including land, water, air, minerals and energy sources, and shall promote the development and utilization of these resources in a manner consistent with their conservation and in furtherance of the self-sufficiency of the State.

4 Id. 5 Haw. Const. art. XI, § 9. Hawaii, Illinois, Massachusetts, Montana, New York, Pennsylvania, and Rhode Island have constitutional provisions recognizing an individual's right to a healthful environment. HAW. CONST. art. XI, § 9; ILL. CONST. art. XI, §§ 1-2; MASS. CONST. art. XCVII; MONT. CONST. art. II, § 3; N.Y. CONST. art. XIV, § 5; PA. CONST. art. I, § 27; R.I. CONST. art. I, § 17.

6 2014 Haw. Sess. Laws Act 218 § 1 at 737-38.

7 Id. 8 Barbara Goldberg & Natasja Sheriff, New York Climate March Draws Hundreds of Thousands, (Sep. 21, 2014, 7:18 AM), http://www.reuter s.com/article/ 2014/09/21/us-usa-climatechangemarch-idUSKBN0HG0D220140921.

9 Justice Benjamin will address the Hawai‘i bar in September, 2016 when he attends the conference of the International Union for the Conservation of Nature as the chair of its legal commission. The conference is expecting approximately 7,000 international participants.

10 See, January 30, 2015 lecture of Philip H. Knight, Professor of Law and Faculty Director of the Environmental and Natural Resources Law Center at the

University of Oregon School of Law available at http://klcc.org/post/publictrust-doctrine-will-courts-protect-naturalresources.

11 Vardhaman Kaushik v. Union of India, Original Application No. 21/2014, National Green Tribunal, Principal Bench, New Delhi, available at https://www.huda.gov.in/Engineering %20Wing/Order%20by%20 National %20Green%20Tribunal_dated_26.11.20 14.pdf.

12 Krishan Kant Singh Anr v. National Ganga River Basin Authority, Original Application No. 299/2013, 2014 All (1) NGT Reporter (3) (Delhi) 1, available at http://indiankanoon.org/doc/9519 5691/.

13 Impulse NGO Network v. State of Meghalaya & Ors., Original Application No. 13/2014, National Green Tribunal, Circuit Bench at High Court of Meghalaya, Shillong, available at http://www.indiaenvironmentportal.org.i n/files/rat%20hole%20mining%20Meg halaya%20NGT%201Aug2014.pdf.

14 For example, the precautionary principle, intergenerational equity, and polluter pays.

15 Justice Kumar was appointed chief judge of the National Green Tribunal after his mandatory retirement from the India Supreme Court at the age of 65.

16 Department of Land and Natural Resources, The Rain Follows the Forest: A Plan to Replenish Hawaii’s Source of Water, November 2011, at 4, available at http://dlnr.hawaii.gov/rain/files /2014/02/The-Rain-Follows-theForest.pdf (citing Clark C. K. Liu, et al., Ground-Water Model for a Thick Fresh-Water Lens, Groundwater, May-June 1983, at 293).

17 Ground-Water Data Management, Iao and Waihee Aquifers, Maui, Hawai#i, U.S. Geological Survey, available at http://hi.water.usgs.gov/recent/ iao/project_iao.html.

18 See generally Last Stand: The Vanishing Hawaiian Forest, The Nature Conservancy, 2014, available at http://www. nature.org/media/hawaii/the-last-standhawaiian-forest.pdf.

19 Honolulu Star Advertiser, May 19, 2015.

20 Honolulu Star Advertiser, June 10, 2015.

21 Vermont also has a statewide environmental court.

22 The Chief Justice designated the following judges as environmental court judges in the State of Hawai‘i, effective July 1, 2015: Jeannette H. Castagnetti; Karen T. Nakasone; James H. Ashford; William M. Domingo; Shirley M. Kawamura; Lono J. Lee; Linda K. Luke; Clarence A. Pacarro; Barbara P. Richardson; Paul B. Wong; Joseph E. Cardoza; Adrienne Heely; Kelsey T. Kawano; Ronald Ibarra; Greg K. Nakamura; Barbara T. Takase; Melvin H. Fujino; Margaret K. Masunaga; Randal G. Valenciano; Kathleen N. Watanabe; Trudy K. Senda; and Edmund D. Acoba.

23 Statutes specifically identified as reposing exclusively within the jurisdiction of the environmental court are: Haw. Rev. Stat. chapters: 6D Protection of Caves; 6E Historic Preservation; 6K Kaho‘olawe Island Reserve; 128D Environmental Response Law; 171 Public Lands, Management and Disposition of; 172 Land Commission Awards; Surveys; 173 Reclamation of Lands; 173A Acquisition of Resource Value Lands; 174 Water and Land Development; 174C State Water Code; 179 Flood Control and Flood Water Conservation; 179D Dams and Reservoirs; 180 Soil and Water Conservation Districts; 180C Soil Erosion and Sediment Control; 181 Strip Mining; 182 Reservation and Disposition of Government Mineral Rights; 183 Forest Reserves, Water Development, Zoning; 183B Hawaiian Fishponds; 183C Conservation District; 183D Wildlife; 184 State Parks and Recreation Areas; 185 Land Fire Protection Law; 186 Tree Farms; 187A Aquatic Resources; 188 Fishing Rights and Regulations; 188F West Hawai‘i Regional Fishery Management Area; 189 Commercial Fishing; 190 Marine Life Conservation Program; 190D Ocean and Submerged Lands Leasing; 193 Conservation: Employment Programs; 194 Invasive Species Council; 195 Natural Area Reserves System; 195D Conservation of Aquatic Life, Wildlife, and Land Plants; 195F Forest Stewardship; 196 Energy Resources; 196D Geothermal and Cable System Development; 197 General Provisions Relating to Aquatic Resources and Wildlife; 198 Conservation

Easements; 198D Hawai‘i Statewide Trail and Access System; 199 Conservation and Resources Enforcement Program; 199D Civil Natural Resource Violations Act; 200 Ocean Recreation and Costal Areas Programs; 200D Kaneohe Bay Regional Council; 339 Litter Control; 339D Electronic Waste and Television Recycling and Recovery Act; 340A Solid Waste; 340E Safe Drinking Water; 342B Air Pollution Control; 342C Ozone Layer Protection; 342D Water Pollution; 342E Nonpoint Source Pollution Management and Control; 342F Noise Pollution; 342G Integrated Solid Waste Management; 342H Solid Waste Pollution; 342I Special Wastes Recycling; 342J Hazardous Waste; 342L Underground Storage Tanks; 342P Asbestos and Lead; 343 Environmental Impact Statements; 508C Uniform Environmental Covenants Act; and Title 12, Conservation and Resources.

24 Haw. Rev. Stat. § 604A-2(a) (Supp.

2014).

25 Pursuant to Hawai‘i Administrative Rules § 13-5-2, cultural resources are included in the definition of natural resources.

26 See also Haw. Rev. Stat. § 6E-1 (2012).

27 2014 Haw. Sess. Laws Act 218 § 1 at 737-38.

28 See, e.g., Robinson v. Ariyoshi, 65 Haw. 641, 673-74 n.31, 658 P.2d 287, 310 (1982).

The court announced the public trust doctrine finding that the State as the owner of surplus waters [was not] free to do as it pleases with the waters of our lands . . . at the time of the introduction of fee simple ownership to these islands the king reserved the ownership of all surface waters. (citation omitted). . . . we believe by this reservation, a public trust was imposed upon all the waters of the kingdom. . . . This is not ownership in the corporeal sense where the State may do with the property as it pleases; rather, we comprehend the nature of the State’s ownership as a retention of such authority to assure the continued existence and beneficial application of the resource for the common good.

Id. 29 In re Water Use Permit Applications, 94 Haw. 97, 131, 9 P.3d 409, 443 (2000)

(Waiahole I); Kelly v. 1250 Oceanside Partners, 111 Haw. 205, 140 P.3d 986 (2006)(pursuant to article XI, section 1 of the Hawai‘i Constitution, the County of Hawai‘i had an affirmative duty to protect coastal waters under the public trust doctrine. 111 Haw. at 226, 140 P.3d at 1006; pursuant to article XII, section 7, the water commission failed to abide by its public trust duty to protect native Hawaiian traditional and customary gathering rights. In re Wai‘ola O Moloka‘i Inc., 103 Haw. 401, 430-33, 83 P.3d 664, 693-96 (2004) (Wai‘ola)).

30 In re Iao Ground Water, 128 Haw. 228, 287 P.3d 129 (2012)(“a public trust claim can be raised by members of the public who are affected by potential harm to the public trust . . . any member of the general public ha[s] standing to raise a claim of harm to the public trust.”). Id. at 282, 287 P.3d at 183 (Acoba, J., concurring)(citations omitted)(quotation marks omitted).

31 Recently, in Kauai Springs, Inc. v. Planning Comm’n of Cnty. of Kauai, 133 Haw. 141, 172, 324 P.3d 951, 982 (2014), the Court set out a formula for applying the public trust doctrine to water resources.

32 As a result of Chief Justice Recktenwald’s collaboration with Professor Raj Kumar, Dean of India’s Jindal Global Law School, William S. Richardson School of Law Dean Aviam Soifer and Assistant Dean Denise Antolini, Justice Swatanter Kumar represented India’s Green Tribunal at the environmental court conference at the University of Hawai‘i on June 26, 2015.

33 See, e.g., the proposed environmental court civil information sheet, Form 2-A, available at http://www.courts.state.hi. us/docs/proposed_rule_changes/MEM O_HRCPForm%202A_032515(2).pdf.

Associate Justice Michael D. Wilson was appointed to the Hawai'i Supreme Court on April 17, 2014, after serving as a Circuit Court judge of the First Circuit since May 10, 2000. Prior to his appointment as a Circuit Court judge, Justice Wilson was the Director of the Department of Land and Natural Resources, Chair of the Board of Land and Natural Resources, Chair of the State Water Commission and a Trustee of the Kahoolawe Island Reserve Commission.

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by Dustin M. Monroy What is Bitcoin, how would financial institutions (“banks”) encounter Bitcoin, and what are the legal effects on banks in connection with Bitcoin? Briefly, Bitcoin is a virtual currency— a digital, internetonly medium of exchange— with no central government authority, maintained by its global network of users, that enables users to buy and sell goods and services online with anonymity, internationally without the need for currency exchange and without the approval or authority of a depository institution or central government authority. Banks may encounter bitcoin-based activity when an existing bank customer exchanges U.S. dollars in his or her bank account for bitcoins1 at a Bitcoin wallet service provider or exchange, which show up as an Automatic Clearing House (“ACH”) transaction. Bitcoin has been held to be “money” for Bank Secrecy Act / Anti-Money Laundering (“BSA/AML”) purposes, thus bank customers may exchange funds in their bank accounts for bitcoins. The Federal Reserve has accordingly said that financial institutions should enhance their BSA/AML program to monitor and manage bitcoin-related risks.

This article further examines these questions in detail.

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What is Bitcoin?

Bitcoin is a virtual currency,2 which is a medium of exchange that operates with either an equivalent value in real currency3 or acting as a substitute for real currency, but does not have all of the attributes of real currency, including not having legal tender status in any jurisdiction.4 Bitcoin is a digital, decentralized, partially anonymous currency, not backed by any government or other legal entity, and not redeemable for gold or other commodity, that relies on peer-to-peer networking and cryptography to operate.5 Bitcoin has

Bitcoin and Banks – A Primer

been found by federal courts to constitute “money” as defined by the United States Department of the Treasury Financial Crimes Enforcement Network’s (“FinCEN”) BSA/AML statute.6 Bitcoin users store their bitcoins online, in a digital wallet.7 Users’ bitcoin balances are associated with bitcoin addresses (long strings of numbers and letters) that use cryptography to safeguard against tampering.8 When a user transfers bitcoins (for example, when purchasing a product from a business that accepts bitcoins), the recipient provides their Bitcoin address to the sender, and the sender authorizes the transaction with their private key (a secret code that proves the sender’s control over their Bitcoin address).9 Bitcoin transactions are irrevocable and do not require the sender or receiver to disclose their identities to each other or a third party.10 Each transaction, however, is registered in a public ledger called the “blockchain,” which maintains the associated Bitcoin addresses and transaction dates, times, and amounts.11 Users can define how much additional information they require of each other to conduct a transaction.12 Bitcoins are created and entered into circulation through a process called mining.13 Bitcoin miners download free software that they use to solve complex math problems.14 Solving these problems verifies the validity of Bitcoin transactions by

grouping several transactions into a block and mathematically proving that the transactions occurred and did not involve double spending of a bitcoin.15 When a miner or a group of miners (mining pools) solves a problem, a process that takes an average of 10 minutes, the Bitcoin network accepts the block of transactions as valid and creates new bitcoins and awards them to the successful miner or mining pool.16 By design, there will be a maximum of 21 million bitcoins in circulation once all bitcoins have been mined, which is projected to occur in 2140.17 Currently, there are approximately 12.6 million bitcoins in circulation.18 The value of one bitcoin has widely fluctuated since its inception in 2009, peaking at $1,216.73 on November 17, 2013, and as of June 30, 2015, is at $262.92.19 The benefits for users of Bitcoin include user anonymity, low transaction costs, no foreign exchange fees, greater financial inclusion (e.g. those who may not be able to acquire traditional banking services), and not being subject to the influence of central authority or govern-

ments like traditional currencies.20 Drawbacks for Bitcoin users include price volatility, technological dependence, potential for losses due to hacking, no FDIC backing, no recourse due to the anonymity (e.g. refunds, exchanges), and the ability to finance illicit activity.21 The current market for Bitcoin compared to the broader economy is small,22 but growing.23 How banks encounter Bitcoin Banks encounter bitcoin-related activity when bank customers who wish to obtain (or sell) bitcoins exchange funds in their bank account for bitcoins.24 To perform such an exchange, customers typically go to a bitcoin wallet service provider, like Coinbase, or a bitcoin exchange, like Bitstamp, a n d purchase the desired amount of bitcoins at the current

bitcoin-to-U.S. dollar exchange rate.25 Selling bitcoins works similarly, but in reverse.26, 27 Less commonly, a bank may encounter bitcoins in the form of wire activity, when customers exchange dollars via wire to (or from) Bitcoin exchange companies (such as Coinbase).28 Banks may also have Bitcoin exchange or wallet companies as customers.29 The legal effects of bitcoin-related transactions on banks

Although the legal questions surrounding Bitcoin appear far from settled, the law currently does not prohibit bank customers from exchanging their funds for bitcoins.30 In discussing vir-

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tual currencies, the Board of Governors of the Federal Reserve System (the Fed) has said that BSA/AML compliance responsibilities attach to institutions, not products.31 And while the Fed has acknowledged that there is no consistent legal framework to address virtual currencies, and that the legal framework is still evolving to address the unique features and functionality of virtual currency, the general federal money laundering statutes appear to cover financial transactions involving virtual currencies.32 The Fed has said, then, that banks should have adequate policies, procedures, and controls to monitor and manage risks associated with virtual currency transactions.33 The Fed further says that banks should conduct appropriate customer due diligence and understand whether a customer is an administrator or exchanger.34 Virtual currency supervisory expectations, according to the Fed, are in the “Electronic Cash” section of the Federal Financial Institutions Examination Council (FFIEC) BSA/AML Exam Manual (the BSA Manual).35 The section states in pertinent part: Banks should establish BSA/AML monitoring, identification, and reporting for unusual and suspicious activities occurring through e-cash.

Useful [Management Information Systems (MIS)] for detecting unusual activity on higher-risk accounts include [Automated Teller Machine (ATM)] activity reports (focusing on foreign transactions), funds transfer reports, new account activity reports, change of Internet address reports, Internet Protocol (IP) address reports, and reports to identify related or linked accounts (e.g., common addresses, phone numbers, e-mail addresses, and taxpayer identification numbers). The bank also may institute other controls, such as establishing transaction and account dollar limits that require manual intervention to exceed the preset limit.36 Based on this guidance from the Fed, banks should expand their BSA/AML program to include coverage for bitcoinrelated transactions.37 The Fed has said that the same Know Your Customer (“KYC”) principles that apply to the existing BSA/AML frame16 August 2015

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work would also apply to bitcoin-related transactions.38 Bitcoin activity in and of itself, the Fed has said, is not necessarily grounds for filing a Suspicious Activity Report (“SAR”).39 Instead, the Fed recommends that volume (e.g. high or volatile volume of bitcoin transactions) and magnitude (e.g. large dollar amounts worth of bitcoin transactions) should be used as an indicator of activity that may warrant SAR treatment.40 In such situations, the bank may question the customer to ascertain the purpose, source and reasoning behind the suspicious activity.41 The Fed suggests using the following bank reports to monitor bitcoin-related activity: ATM usage, new account activity, information technology, linked accounts, funds transfer activity, transaction volumes, and high dollar amounts.42 Such reports could then be analyzed and given appropriate BSA/AML treatment, as necessary, similar to the way in which suspicious cash transactions are treated.43 The Federal Reserve also suggests that banks should ensure that their AML risk assessment is updated to accurately reflect the risks associated with virtual currencies.44 A bank’s compliance department, then, should update the bank’s risk assessment accordingly.45 Bitcoin is a small but growing virtual currency that has the potential to become a lasting presence in the financial industry.46, 47 Banks encounter bitcoin-related activity when its customers buy or sell bitcoins using funds in their bank accounts.48 To meet its BSA/AML obligations, banks should enhance their BSA program to monitor and report suspicious bitcoinrelated activity, as this appears to be a requirement the Federal Reserve will implement in the near future.49, 50 Perhaps implementing monthly limits on the amount of bitcoin-related transactions for customers, similar to the limits typically in place for mobile deposits, would help to protect banks against the risks posed by bitcoins.51 The U.S. Senate Committee on Banking, Housing, and Urban Affairs has recently asked numerous federal agencies, including the Federal Reserve, various questions related to virtual currency, including what are each agency’s expectations for their supervised entities for Bank

Secrecy Act compliance with regard to virtual currencies.52 A response from the Fed is pending.53 After this future guidance is made available, banks should review their policies and procedures and modify their related programs accordingly.54 _________ 1 Bitcoin in proper noun form refers to the Bitcoin protocol; bitcoin in common noun form refers to actual bitcoins, i.e. the unit of currency.

2 United States Department of the Treasury Financial Crimes Enforcement Network (FinCEN) Ruling, FIN-2013-G001, Application of FinCEN’s Regulations to Persons Administering, Exchanging, or Using Virtual Currencies 1 (March 18, 2013) (“FinCEN 2013 Ruling”).

3 FinCEN defines real currency as “the coin and paper money of the United States or of any other country that [i] is designated as legal tender and that [ii] circulates and [iii] is customarily used and accepted as a medium of exchange in the country of issuance.”

FinCEN 2013 Ruling at 1.

4 FinCEN 2013 Ruling at 1.

5 See Bitcoin, Wikipedia, http://en.wikipedia.org/wiki/Bitcoin (last visited Jun. 30, 2015); Satoshi Nakamoto, Bitcoin: A Peer-to-Peer Electronic Cash System, Bitcoin Project, http://bitcoin.org/bitcoin.pdf (last visited Jun. 30, 2015); FAQ , Bitcoin Wiki, https://en.bitcoin.it/wiki/FAQ (last visited Jun. 30, 2015); Reuben Grinberg, Bitcoin: An Innovative Alternative Digital Currency, Hastings Sci. & Tech.

L.J. 160 (2011) (“Bitcoin Law Journal”).

6 See, US v. Ulbricht, No. 14-cr-68, 50 (S.D.N.Y. 2014). See also Securities and Exchange Commission v. Shavers, No. 4:13-CV-416, 3 (E.D. Texas 2013) (“It is clear that Bitcoin can be used as money.”). See also US v. Faiella, No. 1:14-cr00243-JSR (S.D.N.Y. 2014) (“Bitcoin clearly qualifies as money[.]” (internal quotations omitted)).

7 See Bitcoin, Wikipedia, http://en.wikipedia.org/wiki/Bitcoin (last visited Jun. 30, 2015); Satoshi Nakamoto, Bitcoin: A Peer-to-Peer Electronic Cash System, Bitcoin Project, http://bitcoin.org/bitcoin.pdf (last visited Jun. 30, 2015); FAQ , Bitcoin Wiki, https://en.bitcoin.it/wiki/FAQ (last visited Jun. 30, 2015); Bitcoin Law Journal at 160.

8 United States Government Accountability Office, Report to the Committee on Homeland Security and Government Affairs, U.S. Senate, Virtual Currencies Emerging Regulatory, Law Enforcement, and Consumer Protection Challenges 6 (May 2014) (“GAO Report”).

9 Id. 10 Id.

11 Id. 12 Id. 13 Id. 14 Id. 15 Id. 16 Id. 17 Id. 18 Id. 19 History

of Bitcoin, Wikipedia, http://en.wikipedia.org/wiki/History_of_Bitc oin#Prices_and_value_history (last visited Jun. 30, 2015); Bitcoin Price Index, CoinDesk, http://www.coindesk.com/price/ (last visited Jun. 30, 2015).

20 Jennifer White, Board of Governors of the Federal Reserve System, Electronic Banking Payment Trends Virtual Currency 39 (January 29, 2 0 1 4 ) , h t t p : / / w w w. b s a c o a l i t i o n . o rg / P re s e n t at i o n s / E B P T B S AC 1 % 2 0 2 9 % 202014Final.pdf. (Note: this presentation was presented during the January 29, 2014, BSA Coalition Training Conference Call, per BSA C o a l i t i o n , http://www.bsacoalition.org/ToolsRes.cfm).

(Note: The presentation prefaces the comments with, “Any views or opinions expressed in this presentation are solely those of the author and do not necessarily represent those of the Board of Governors of the Federal Reserve System, the Federal Reserve Bank of Richmond, or the BSA Coalition.”) (“Federal Reserve Presentation”); see also Anjana Ravi & Samantha Pelosi, Ask the Fed Webinar Bitcoin Payments, 11 (July 8, 2014) (“Ask the Fed July 8 Webinar”); see also Bitcoin Law Journal Article at 160.

21 Federal Reserve Presentation at 42, 43, 44; see also Ask the Fed July 8 Webinar at 12; see also Bitcoin Law Journal Article at 161. The collapse of Bitcoin exchange Mt. Gox, which at one point handled 70% of all Bitcoin transactions, in February 2014, and the subsequent loss by Mt. Gox of 850,000 bitcoins belonging to its customers, is an example of the digital vulnerability and resulting volatility of Bitcoin.

See http://en.wikipedia.org/wiki/Mt._Gox (last visited Jun. 30, 2015). Silk Road, an online marketplace shut down by the FBI in October 2013 that sold drugs, weapons and other illegal items and predominantly accepted bitcoins as payment, is an example of how Bitcoin can be used for illicit purposes.

See http://en.wikipedia.org/wiki/Silk_Road_(ma rketplace) (last visited Jun. 30, 2015).

22 GAO Report at 9-10. For example, from April 2013 through March 2014, there was an average of 65,000 bitcoin transactions per day, compared to Federal Reserve Banks processing an average of 44 million commercial ACH transactions per day in 2013. Id.

23 Notable companies and organizations that have announced accepting bitcoin as payments/donations include PayPal, Overstock.com, Reddit, DISH Network, Dell Computer, Wikipedia, NBA team Sacramento Kings, MLS team San Jose Earthquakes, Expedia, and Microsoft. CoinDesk, What Can You Buy with Bitcoins? http://www.coindesk.com/information/whatcan-you-buy-with-bitcoins/ (last visited Jun. 30, 2015), and/or company sites.

24 GAO Report at 4-8.

25 GAO Report at 4-8; Coinbase, How To Buy Bitcoin, https://coinbase.com/buy-bitcoin, (last visited Jun. 30, 2015); Bitstamp, How To Buy Bitcoins, https://www.bitstamp. net/help/howto-buy/, (last visited Jun. 30, 2015).

26 Id. 27 GAO Report at 4-8; Koko Ives & Lee Davis, Ask the Fed Webinar Bank Secrecy Act/AntiMoney Laundering (BSA/AML) Compliance Issues Related to Virtual Currency, 8 (September 17, 2014) (“Ask the Fed September 17 Webinar”).

28 Ask the Fed September 17 Webinar at 8.

29 GAO Report at 4-8; Ask the Fed September 17 Webinar at 8. If a bank were to have Bitcoin exchange or wallet companies as customers, then, per FinCEN requirements, the bank would have to treat such customers as Money Services Businesses (MSBs), including performing the heightened due diligence requirements for MSBs. FinCEN 2013 Ruling.

30 See Federal Reserve Presentation at 36-38; Ask the Fed September 17 Webinar at 13; see generally Bitcoin Law Journal.

31 Federal Reserve Presentation at 48; Ask the Fed September 17 Webinar at 6.

32 Federal Reserve Presentation at 48; Ask the Fed September 17 Webinar at 13.

33 Federal Reserve Presentation at 45; Ask the Fed September 17 Webinar at 10.

34 Federal Reserve Presentation at 45, 49; Ask the Fed September 17 Webinar at 10.

35 Federal Reserve Presentation at 44; Ask the Fed September 17 Webinar at 10.

36 FFIEC BSA/AML Exam Manual 2010, 234-235 (BSA Manual). Relatedly, the BSA Manual identifies the following risk factors with e-cash: Funds may be transferred to or from an unknown third party; Customers may be able to avoid border restrictions as the transactions can become mobile and may not be subject to jurisdictional restrictions; Transactions may be instantaneous; Specific cardholder activity may be difficult to determine by reviewing activity through a pooled account; The customer may perceive the transactions as less transparent.

BSA Manual at 234. Note: Although the FFIEC has updated the BSA Manual in 2014, including removing the “Electronic Cash” sec-

tion, the substantive portion of this section remains in the “Electronic Banking” section of the new manual.

37 Federal Reserve Presentation at 45; Ask the Fed September 17 Webinar at 10.

38 Ask the Fed September 17 Webinar at 14.

39 Ask the Fed September 17 Webinar at 14.

40 Ask the Fed September 17 Webinar at 14.

41 Ask the Fed September 17 Webinar at 14.

42 Ask the Fed September 17 Webinar at 10.

43 Bitcoin is roughly analogous to cash in terms of BSA because both have anonymity.

Cash transactions in excess of $10,000 require the filing of a Currency Transaction Report (CTR). Because bitcoin transactions are not considered currency (and are in fact ACH transactions), no CTRs could be filed on suspicious bitcoin transactions. In lieu of CTRs, SARs could be filed on suspicious bitcoin transactions.

44 Federal Reserve Presentation at 49; Ask the Fed September 17 Webinar at 11.

45 Id. 46 GAO Report at 9-10.

47 Notable companies and organizations that have announced accepting bitcoin as payments/donations include PayPal, Overstock.com, Reddit, DISH Network, Dell Computer, Wikipedia, NBA team Sacramento Kings, MLS team San Jose Earthquakes, Expedia, and Microsoft. CoinDesk, What Can You Buy with Bitcoins? http://www.coindesk.com/information/whatcan-you-buy-with-bitcoins/ (last visited Jun. 30, 2015), and/or company sites.

48 GAO Report at 4-8. Ask the Fed September 17 Webinar at 8.

49 Federal Reserve Presentation at 45 Ask the Fed September 17 Webinar 14.

50 Anjana Ravi, Ask the Fed webinar Bitcoin Payments - Q&A (July 21, 2014) (“Ask the Fed July 21 Webinar”).

51 Federal Reserve Presentation at 42, 43, 44; see also Ask the Fed July 8 Webinar at 12; see also Bitcoin Law Journal Article at 161.

52 United States Senate Committee on Banking, Housing and Urban Affairs, Letter regarding virtual currencies (May 19, 2014).

53 http://www.federalreserve.gov/ (last visited Jun. 30, 2015).

54 Ask the Fed July 21 Webinar.

Dustin M. Monroy, a licensed attorney in Hawaii, is a BSA Compliance Specialist with Territorial Savings Bank.

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CA S E N OT E S Supreme Court Arbitration

Narayan v. Ritz-Carlton Development Co., Inc., No. SCWC-12-0000819, June 3, 2015, (Nakayama, J.). In this appeal, the Hawaii Supreme Court addressed whether the plaintiffs, a group of individual condominium owners, could be compelled to arbitrate claims arising from financial problems at a Maui condominium project.

The Hawaii Supreme Court held that because the condominium owners did not unambiguously assent to arbitration, the purported agreement to arbitrate was unenforceable. The Hawaii Supreme Court also addressed the doctrine of unconscionability.

Criminal

State v. Guyton, No. SCWC-130000203, June 8, 2015, (Pollack, J). This case presented the question of whether the phrase “residence, including yard and garage” in an injunction order encompassed the outer area of the protected person’s 1,000-acre property, far removed from the vicinity of the person’s home. The Hawaii Supreme Court held that it does not.

State v. Garcia, No. SCWC-130000059, June 15, 2015, (Recktenwald, C.J.). The central issue was whether the family court erred in denying Appellant’s Motion to Withdraw his Plea of No Contest before sentencing.

Appellant was charged with continuous sexual assault of a minor under the age of fourteen, and abuse of a family or household member. Appellant initially pleaded not guilty, but changed his plea pursuant to a plea agreement with the State. Appellant agreed to plead no contest, and to serve twenty years of imprisonment for continuous sexual assault and one year for abuse, to run concurrently. In turn, the State agreed 18 August 2015

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Appeal Pointers

A judgment certified under HRCP 54(b) is not appealable unless the certification language is included in the judgment. Jenkins v. Cades Schutte Fleming & Wright, 76 Haw. 115, 119-20, 869 P.2d 1334, 1338-39 (1994). to remain silent at Appellant’s minimum term hearing before the Hawaii Paroling Authority (HPA). The family court accepted the plea agreement, found Appellant guilty as charged, ordered the preparation of a pre-sentence investigation (PSI) report, and scheduled Appellant’s sentencing hearing. Before sentencing, Appellant moved to withdraw his no contest plea, arguing that Prosecutor’s submission of a letter with three exhibits constituted a breach of the plea agreement and was a fair and just reason to withdraw his guilty plea because Prosecutor knew the letter and exhibits would be transmitted to the HPA. The Hawaii Supreme Court concluded that Appellant’s motion should have been granted. Prosecutor’s submission of the letter and exhibits, despite the plea agreement, was a fair and just reason for Appellant’s withdrawal of his plea, and the State had not relied upon the guilty plea to its substantial prejudice.

State v. Reed, No. SCWC-0000069, June 17, 2015, (Wilson, J.). The sole issue raised in Appellant’s application for writ of certiorari was whether the ICA gravely erred in holding that the trial court did not abuse its discretion when it denied Appellant’s motion to substitute retained counsel in place of his court-appointed counsel.

The Hawaii Supreme Court agreed with Appellant that the circuit court abused

its discretion, resulting in a denial of his right to privately retained counsel of choice under Article 1, Section 14 of the Hawaii Constitution.

Doe v. Attorney General, No. SCWC13-0005700, June 18, 2015, (McKenna, J.). At issue in Doe’s Application was whether communication between Re s p o n d e n t / A p p e l l e e - A p p e l l e e Attorney General and Doe consisted of an administrative decision in response to a petition, and whether that decision was appealable to the circuit court. The Hawaii Supreme Court agreed with Respondent/Appellee-Appellee that it was.

State v. Chin, No. SCWC-130002469, June 25, 2015, (Pollack, J.). A fair trial by an impartial jury is a basic protection provided by the United States Constitution and the Hawaii State Constitution to the accused in a criminal case. State v. Keliiholokai, 58 Haw. 356, 357, 569 P.2d 891, 893 (1977). Inherent in this protection is the defendant’s right to receive a fair trial by an impartial jury, free from improper prejudice resulting from outside influences or juror misconduct. Where the existence of an outside influence such as juror misconduct is brought to the attention of the trial court, the court must ascertain the extent of the influence and then, in its sound discretion, take appropriate measures to assure a fair trial. In this case, the Hawaii Supreme Court considered the circumstances in which a court is required to investigate an allegation of inappropriate communication between a juror and a witness during the pendency of a criminal trial.

Family Law

Gordon v. Gordon, No. SCWC-120000806, June 4, 2015, (Pollack, J.).

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Hawaii law follows a framework based on partnership principles for the division of marital partnership property during divorce proceedings. This opinion addressed the application of partnership principles and a family court’s discretion to deviate from an equal division of property when there are equitable considerations justifying such deviation. Of central importance in this case was the family court’s duty to provide sufficient documentation of its findings for its division of marital partnership properties so that the parties and reviewing court may ensure the division was equitable and free from miscalculations or other errors.

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Statutory Interpretation

Ruggles v. Yagong, No. SCWC-130000-117, June 25, 2015, (McKenna, J.; Pollack, J. dissenting joined by Wilson, J.). Petitioners, a group of pro se individuals from Hawaii County, presented the following question: “Did the Intermediate Court of Appeals err in determining that the Lowest Law Enforcement Priority of Cannabis, a voter sponsored initiative, in its entirety is in conflict with State laws, and is thus preempted by them?” The Hawaii Supreme Court answered this question in the negative. Case law holds that a municipal ordinance may be preempted by state law “if (1) it covers the same subject matter embraced within a comprehensive state statutory scheme disclosing an express or implied intent to be exclusive and uniform throughout the state or (2) it conflicts with state law.” Richardson v. City & Cnty. of Honolulu, 76 Hawaii 46, 62, 868 P.2d 1193, 1209 (1994). The Hawaii Supreme Court accepted certiorari to clarify that the ordinance in this case was preempted solely because it “conflicts with state law.” It was not necessary to address whether the LLEP (Lowest Law Enforcement Priority of Cannabis Ordinance) “covers the same subject matter embraced within a comprehensive state statutory scheme dis-

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25th Annual Meeting of the Inter-Pacific Bar Association The Inter-Pacific Bar Association’s 25th Annual Meeting of the InterPacific Bar Association (“IPBA”) was held in Hong Kong in May and attracted about 1,000 lawyers from all over the world. Hawaii was well represented.

This photo, taken at the Gala Dinner at the end of the Annual Meeting includes most of the members of the Hawaii delegation (some of whom practice in other states or countries).

In the back row are Steven Howard (Singapore), Alexander Jampel (Tokyo), Jonathan Lai, Wilbur Roadhouse (Las Vegas), Alan Fujimoto, Mark Shklov, Rex Fujichaku, Rollin Wong, William Biegenwald (Dubai), and Doug Codiga. In the front row are Yoko Fujimoto, Cheryl Shklov, and Yong Houle. Also attending the IPBA Annual Meeting from Hawaii were Margery Bronster, Seth Buckley, Roger Epstein, and Gary and Carolyn Shigemura.

On the evening before the Annual Meeting officially began, the Hawaii delegation hosted a cocktail reception at the exclusive Foreign Correspondents’ Club (“FCC”) in Hong Kong’s historic Central District, through the courtesy of FCC Member, UH Law Professor Charles Booth, for about 50 friends and colleagues from Hawaii and other countries, for an evening of friendship and camaraderie.

The IPBA is an international association of business and commercial

lawyers who live in or have a strong interest in the Asia-Pacific Region. The IPBA’s Annual Meeting provides a unique opportunity for legal education in many practice areas and to network and make friends with lawyers from around the world and, as the photo shows, even from one’s own country.

The next IPBA Annual Meeting will be held in Kuala Lumpur, April 13 to 16, 2016. For more information please visit www.ipba2016.com or contact Mark Shklov (mark@shklovlaw.com).

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Calling All Landsharks

Rarely available offering of over half an acre of level prime beachfront land! Includes an updated kama'ainastyled 3 bedrm, 2.5 bth main dwelling with a detached caretaker's quarters. A perfect legacy home or retreat! $3,980,000.!

The Landshark Surf Contest for lawyers and law students is back. This year, the event will be held on September 12, 2015 and will be sponsored by the William S. Richardson School of Law Alumni Association, Alston Hunt Floyd & Ing, Ashford & Wriston, Ayabe Chong Nishimoto Sia & Nakamura, Bickerton Dang, Cronin Fried Sekiya Kekina & Fairbanks, Keker & Van Nest, Leavitt Yamane & Soldner, and Lexis Nexis.

Where: Kewalo Basin Park (the Point) When: September 12, 2015, 8:00 a.m. start through the end of the day Who: Entries will be accepted from lawyers, law students, and their significant others/spouses Divisions: Men's and Women's Longboard, Shortboard, Bodyboard, Stand Up Paddle, John Lim Memorial Costume Contest For more information, please contact Mihoko Ito at mito@awlaw.com or 539-0840.

August 2015

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HSBA HAPPENINGS May and June Board Action Summary

The HSBA Board took the following actions at its meeting in May: • Adopted the Executive Committee’s recommendation to approve the proposed amendments to the Agreement, which governs the terms of HSBA staff support to, and facility use by, the Hawaii State Bar Foundation; • Voted to approve the Nominating Committee’s recommendation to appoint/reappoint the following individuals to the Board of the Legal Aid Society of Hawaii for a three-year term beginning July 1, 2015: Michael Cruise Regan Iwao Gary Murai J. Blaine Rogers Jodi Yamamoto

New Appointment Reappointment Reappointment New Appointment Reappointment

The HSBA Board took the following actions at its meeting in June: • Adopted the joint Executive/Finance Committee’s recommendation to approve the proposed timeline for the 2016 HSBA budget process, which includes a review of proposed Supreme Court entities’ budgets; • Voted to approve the Nominating Committee’s recommendation to appoint Judge Elizabeth A. Strance (ret.) to the Board of Certified Shorthand Reporters for a three-year term beginning August 1, 2015.

Save The Date

HSBA Bar Convention Save the date, Friday, October 23, 2015 for the Bar Convention at the Hawaii Convention Center. CLE programs, networking, vendor exhibits, and much more.

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Junior Judges Program: October 19-23, 2015 Mark your calendars for the return of the celebrated Junior Judges Program sponsored by the Young Lawyers Division. The Junior Judges Program is an excellent pro bono opportunity that allows volunteer attorneys to visit third, fourth, and fifth grade classrooms to discuss the various challenges faced by students today in order to help those students make good decisions now and in the future. Volunteer attorneys first show a video presenting real life situations covering topics like bullying, stealing, drugs and alcohol abuse, and weapons. Then, follow-up discussion with the students allows them to become the “junior judges” of what the right choice would be in those situations. The presentation requires one to two hours and will provide students with a meaningful and memorable experience. If you would like more information on the program, or would like to volunteer, please contact the Junior Judges Committee at juniorjudgesyld@gmail.com.

CLE Corner

Upcoming LIVE Events: HSBA CLE 101 Series What is it?

One hour $25 CLE seminars on a wide range of topics. Conveniently held at the HSBA office at either 8:30 a.m. or 12 noon.

Who should attend?

• Attorneys who want exposure to various subject areas missed or not covered in law school.

• Attorneys who do not currently practice in certain areas but would like to expand their general knowledge.

• Attorneys who just want to improve their professional skills.

Upcoming Scheduled Seminars: August 3, 2015 Ceded Lands 101 August 19, 2015 Native Hawaiian Law 101 More to come!

Webcasts of past HSBA CLE 101 programs are available online. Please visit the HSBA CLE webcasts page to purchase.

Past Seminars: March 13, 2015 Federal Legislative Process 101 April 21, 2015 Real Estate Transactions 101 May 5, 2015 Business Entity Concerns May 15, 2015 Construction Law & Mechanics Liens June 1, 2015 Intellectual Property 101 June 17, 2015 The PUC 101 July 6 2015 Immigration 101 July 23, 2015 Effective Legal Writing: Perspectives from the Bench 101 Questions?

Call the HSBA CLE Department at (808) 792-7336.

Member Benefits Highlights

Cafe Julia at the YWCA - 10% food discount for breakfast, lunch, and pau hana menu. Must present your Bar Card.

Great Harvest - Show your HSBA Bar Card to receive a 15% discount on

your order. Holiday items are excluded.

Valid at Merchant and Bishop locations.

JJ French Pastry and Bistro Receive free appetizer (baked oyster) with any 4 course meals. Must present your Bar Card. View the menu at http://www.jjfrenchbistro.com.

Soul de Cuba Cafe - 10% discount on all food items. Must present your Bar Card at time of payment. View the menu at http://souldecuba.com.

Need a New Bar Card?

You can order your new Bar Card online at: http://bit.ly/1zJnCrx. It will take up to three (3) business days for processing online orders or you can contact Natalie Millon at nmillon@hsba.org to schedule a time at the HSBA office for a photo and card production in about 10-15 minutes.

HSBA Annual Meeting Notice

In accordance with Article IV, Section 1, of the HSBA Constitution & Bylaws, the HSBA Annual Meeting will be held on Friday, October 23, 2015 in conjunction with the Bar Convention luncheon at the Hawaii Convention Center.

Vacancies on HSBF Board and HSBA Board Strategic Planning Committee

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The Hawaii State Bar Foundation and HSBA Board Strategic Planning Committee will have positions expiring in December. General qualifications for these positions include: affirmative interest in the organization; willing and able to devote time to perform necessary duties; conscientious, studious, thorough and diligent in learning methods and problems of the organization.

HSBF Duties: Sets short term and long term strategic goals and directions for the HSBF; fundraises and develops sufficient resources to carry out goals and directions; and provides oversight of the HSBF’s finances, grants, programs, and operations. Three openings; three-year term beginning January 1, 2016.

Strategic Planning Committee Duties: Strengthen the governance of HSBA by identifying/addressing issues that may have an impact; develop and annually review 5-year strategic plan.

Qualifications: experience in HSBA governance, strategic planning efforts, or a record of volunteerism in HSBA programs. Two openings; three-year term beginning January 1, 2016.

Anyone interested in serving in these positions should submit to the HSBA Nominating Committee (nominations@hsba.org) by August 31, 2015: a resume, reason for wanting to serve, and area of concentration. Please note that these positions are uncompensated, and that applicants need to disclose all public disciplinary sanctions. If there have been none, then state that such is the case. The appointment will be made at the HSBA Board meeting in December 2015.

Lawyer Referral and Information Service The Lawyer Referral and Information Service (“LRIS”) has been a program of the HSBA for over 40 years.

The LRIS allows bar members to choose from over 14 major categories and 80 subcategories from which to receive referral notification by email. The LRIS screens over 12,000 requests annually.

Approximately a third of those requests are for neighbor island attorneys and calls are received from the continental United States and other countries.

The LRIS provides bar members an opportunity to build their client base with those who are prepared to pay for legal services, as well as providing networking opportunities for repeat and new client contacts. The cost to enroll is a $325 annual fee plus a $10 processing fee. For more information or to join the LRIS, contact the HSBA at 808-792-7350, email LRIS@hsba.org or visit the website at http://www.hsba.org/LRIS.aspx .

Use of Electronic Devices in the Courtrooms In December 2014, the Hawaii Supreme Court adopted temporary Rule 5.3 regarding the use of electronic devices in the courtrooms by the bar, judiciary personnel, and self-represented litigants. The Rule does not apply to use of electronic devices by jurors.

The use of the electronic devices such as laptops, tablets, cell phones, smartphones, or similarly functioning devices having wireless communication capacity may be used in the courtrooms and during proceedings by members of the bar using the member’s own power source for the device (unless otherwise authorized by the court). Haw. Sup. Ct. R. 5.3(b).

CASE NOTES (Continued from page 21) closing an express or implied intent to be exclusive and uniform throughout the state . . . .”

Pollack, J., joined by Wilson, J., dissented. A court should act cautiously when reviewing a facial constitutional challenge and a court should “refrain from invalidating more of [a] statute than is necessary.” Alaska Airlines, Inc. v.

Brock, 480 U.S. 678, 684 (1987). This is especially true when the law not only has a severability clause but also expressly provides that any mandatory provisions contrary to law are to be deemed as advisory. Here, because application of the Ordinance’s corrective provisions resolve the conflict between state law and the Ordinance, the Ordinance should be upheld. Specifically, through the application of the Ordinance’s “advisory” provision, the LLEP’s mandatory provisions no longer conflict with state law governing the investigation and prosecution of offenses set forth in the Hawaii Penal Code and the Uniform Controlled Substances Act.

The presiding judge may prohibit or restrict the use of any electronic devices to protect the security, safety, and privacy interests of parties, jurors, witnesses, attorneys, court personnel, or the public or to ensure the integrity, decorum, or orderly conduct of proceedings. The judge is required to state on the record the reason(s) for the prohibition or further restriction if necessary.

Other requirements for use: • The HSBA member seated in the gallery must display his/her HSBA picture identification.

• A self-represented litigant may use an electronic device with prior permission of the presiding judge and only at counsel table in which the self-represented litigant is participating.

Moreover, the Ordinance expressly provided that any remaining provision that conflicts with state law may be severed from the Ordinance, leaving the remainder intact. When the LLEP’s provisions are deemed to be nonbinding advisory statements expressing the will of the people, they do not impose binding duties or obligations upon any parties but, rather, serve as broad policy statements. As a result, the LLEP remains as an express statement of the people’s will that clearly reflects their preference on a single issue, and thus the LLEP retains an important utilitarian purpose.

Accordingly, although certain provisions of the LLEP ostensibly conflict with state and county law, invalidation is neither proper nor necessary where the Ordinance specifically provides corrective measures that preserve one of the LLEP’s primary objectives—expressing the will of the people.

Intermediate Court of Appeals

• Keyboards must be silent.

• Texting, emailing, accessing the internet, and other forms of electronic communication may be conducted if not audible or visually distracting to others.

• No photographs, audio or video recording or audio or video streaming is allowed, except as authorized by Sup. Ct. R. 5.1 and 5.2 • Ring tones and other sounds must be disabled or silenced.

• Electronic devices brought into the courtroom cannot be used to make or receive calls inside the courtroom, unless authorized by the court.

Appellant was charged with unauthorized entry into a motor vehicle. Exodus Bail Bond (“Exodus”) posted bail on Appellant’s behalf. Appellant pleaded guilty but failed to appear for his sentencing. Due to Appellant’s failure to appear at his sentencing hearing, the circuit court issued a bail forfeiture judgment. Exodus contended that the Prosecuting Attorney was not authorized to enforce the bail forfeiture judgment.

The ICA disagreed, pursuant to Haw. Rev. Stat. § 804-51.

Tort

Garcia v. Robinson, No. CAAP-130000388, May 29, 2015, (Foley, J.). On appeal, Appellant contended that the circuit court erred in granting summary judgment (1) because expert testimony was not required to establish a medical tort claim for lack of informed consent; and (2) if expert testimony was required, Appellant provided it with his own testimony. The ICA disagreed and affirmed the summary judgment.

Criminal

State v. Miles, No. CAAP-130000193, June 23, 2015, (Ginoza, J.).

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COURT BRIEFS Judiciary, Libraries, and Legal Aid Partnership Improves Public Access to Courts

On June 1, Hawaii’s Self-Help Interactive Forms Expansion Project made available ten court forms online.

The Project also conducted ten “Know Your Rights” seminars across the state.

Project partners from the Hawaii State Judiciary, the Hawaii State Public Library System, and Legal Aid Society of Hawaii (“Legal Aid”) announced these latest developments to improve access to the courts for people of all income levels, especially Hawaii’s selfrepresented litigants.

Chief Justice Mark E. Recktenwald explained, “One of the greatest challenges to equal justice today is the lack of effective access to our civil justice system. People who have low or even moderate incomes cannot afford to hire an attorney to represent them in their civil legal cases. As a result, every year in Hawaii, thousands of people must represent themselves in our civil courts and try to navigate a system that is foreign to the average layperson. Many of them simply give up. For this reason we have continued to pursue projects and programs that make Hawaii’s courts more accessible.”

The Judiciary’s Self-Help Interactive Forms Expansion project was made possible by a grant from the State Justice Institute, and builds on funding that Legal Aid received from the Legal Services Corporation Technology Initiative Grant.

Legal Aid provided training sessions on the new software to library staff and hosted 10 free “Know Your Rights” briefings across the islands. Each briefing covered a different topic (e.g. landlord-tenant, long-term care, etc.) and gave community members information to help them recognize when they may have a legal issue and which self-help resources are available to assist them.

With the success of this partnership, 28 August 2015

HAWAII BAR JOURNAL

Legal Aid will continue to work with local libraries in conducting “Know Your Rights” presentations and with the Judiciary in creating additional online court forms. By leveraging technology, those who might otherwise have to navigate the legal system on their own, will have an additional source of assistance.

“As part of our Access to Justice initiative, making the courts easier for the public to navigate is a top priority for the Hawaii State Judiciary,” said Chief Justice Recktenwald. “The Self-Help Interactive Forms Expansion Project is a part of that effort. We extend our special thanks to Access to Justice Commission Chair Daniel R. Foley and retired Associate Justice Simeon R. Acoba for their continued leadership and support in making the legal system more accessible to the public.”

The new “A2J” self-help interactive forms are also available online at Legal Aid’s LawHelp website and the Hawaii State Judiciary’s website.

to officials at U.S. Army Pacific, Judge Kubo was awarded this honor based on his unwavering support of soldiers and veterans. Judge Kubo established the Veterans Treatment Court in Hawaii, which provides a holistic approach to resources and treatment for veterans so that they may attain health, employment, and status as law-abiding citizens.

About Hawaii’s New Environmental Courts

Overview • The goal of the Hawai‘i Environmental Courts is to ensure the fair, consistent, and effective resolution of cases involving the environment.

• Hawaii’s Environmental Courts were established pursuant to Act 218, Session Laws of Hawaii 2014, enacted as Hawaii Revised Statues Chapter 604A “Environmental Courts.”

• Hawai‘i is only the second state in America to have a statewide environmental court. In 1990 Vermont founded the nation’s first statewide environmental court. No other statewide environmental courts were formed in the U.S. until Hawaii’s passage of Act 218 (2014).

Judge Edward Kubo Receives U.S. Army Pacific’s Highest Civilian Honor

First Circuit Court Judge Edward H. Kubo was awarded the U.S. Army Pacific’s highest civilian honor—the Mana O Ke Koa Award (Spirit of the Warrior). Gen. Vincent K. Brooks, U.S. Army Pacific commanding general, presented the award to Judge Kubo on June 10 during a ceremony commemorating the Army’s 240th birthday. According

• Hawaii’s Environmental Courts will have broad jurisdiction, covering water, forests, streams, beaches, air, and mountains, along with terrestrial and marine life.

• Key contributors to the implementation of the Environmental Courts across the state include the police, prosecuting attorneys, public defenders, the private defense bar, corporation counsels, the State Attorney General,

the Department of Land and Natural Resources Division of Conservation and Resources Enforcement, court administrators, chief judges, as well as district and circuit court judges assigned to the Environmental Courts.

Function • Hawaii’s Environmental Courts will launch on July 1, 2015.

• Environmental Court judges have been designated in the district and circuit courts statewide.

• Initial appearances for Environmental Court criminal cases will be placed on the regular arraignment and plea calendars in their respective districts.

• After the initial appearance in court, subsequent proceedings will be placed appropriately on the Environmental Court Calendar in their respective district and circuit courts.

• Each circuit has scheduled its environmental calendars for specific days of the month.

• When judges do not have environmental cases, they will hear other types of cases.

• Parties may appeal rulings from the respective district or circuit courts in accordance with the Hawai‘i Rules of Appellate Procedure, through the Hawai‘i Intermediate Court of Appeals, and finally to the Hawai‘i Supreme Court.

We are looking to host programs and workshops focusing on social justice. If your non-profit is looking to bring people together to solve community issues, we want to help. 808.551.1929

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OFF THE RECORD JoAnn Kaoru Takara has joined the divorce and family law firm of Coates and Frey as part of their Asian Languages Practice Group. She is a graduate of the William S. Richardson School of Law. She speaks, reads, and writes Japanese and will be assisting the firm’s Japanese clients in their native language.

Victoria M. Hasty and Toby J. T. Yamashiro have joined Carlsmith Ball. Hasty is Of Counsel in the firm’s Hilo office, focusing her practice on real property, business, and finance.

Yamashiro is an associate in the firm’s Honolulu office, practicing in its Environmental Practice Group and Real Property section.

Prior to joining Carlsmith, Hasty worked in the financial services industry in different capacities in New York, Washington and Hawaii. She earned her J.D. degree from the University of Washington School of Law and a B.A. degree from Wellesley College. Yamashiro graduated magna cum laude from the University of Hawaii and received his J.D. degree from William S. Richardson School of Law. Prior to joining Carlsmith, he served as a law clerk to Judge Virginia Lea Crandall.

The annual Hawaii District Conference featured a staging of “The Massie Cases: Race, Honor, and Justice in Depression-Era Hawaii” on April 17, 2015 at the Halekulani Hotel. The trials, arising out of the alleged rape of a Navy Lieutenant’s young wife by a “gang of Hawaiians” and the subsequent murder of one of the rape suspects who had been acquitted, highlight the racial tensions of the then-Territory of Hawaii in the early 1930s. New York attorney Kathy Hirata Chin, one of the key organizers of the productions on the mainland, helped to write and narrate the re-enactments with her husband, Denny Chin, a federal judge on the 30 August 2015

HAWAII BAR JOURNAL

United States Circuit Court of Appeals for the Second Circuit. Produced here

by Ted Pettit and Sarah Wang, and directed by David C. Farmer and Jim Tharp, the reenactment featured excerpts from the actual trials’ transcripts as well as original dialogue by the Chins. The event was attended by an audience of 87. The cast included Judges Susan Mollway and Leslie Kobayashi, who served as narrators, as well as attorneys Liz Kane, Dana Lyons, Liz Stone, Tharp, and Wang and University of Hawaii English professor Craig Howes, who played the roles of the attorneys and witnesses in the two infamous cases. By the way, Farmer was recently elected President of SAG-AFTRA for a two-year term.

The Hawaii Bankruptcy Bar Association, whose 2015 officers and directors are as follows: Johnathan C. Bolton, president/director; Ryan M. Hamaguchi, vice president/director; Nicole Stucki, treasurer/director; Juila Oaten, secretary/director; and other directors: Rick Abelmann, Teri-Ann Nagata, Lars Peterson, and Lisa Volquardsen, are planning its annual Fall Bankruptcy Seminar at the Halekulani Hotel on Friday, November 6, 2015. For more information, please contact Lars Peterson at lars@petersonlawhawaii.com.

News for “Off the Record”

Please send in information about movement within the bar, about elections to various boards, awards, and other news to any one of the editors on the editorial board, Carol K. Muranaka at <carol.k.muranaka@gmail.com> or Cynthia M. Johiro at <Cynthia.M. Johiro@hawaii.gov>.

Articles Wanted

If you are interested in writing either a short or long article of general interest to members of the bar, please

send your submissions to Ed Kemper at edracers@aol.com; Cynthia M. Johiro at cynthia.m.johiro@hawaii.gov; or Carol K. Muranaka at carol.k.muranaka @gmail.com; or to any of the volunteer editors on the editorial board. All submitted articles should be of significance to and of interest or concern to members of the Hawaii legal community. A short article is between four and eight pages, double-spaced, approximately 500 to 1,500 words.

The longer law-review type articles are published in a special issue. The Cades Foundation has been gracious and generous in funding this special issue. These articles exceed 4,500 words.

The Hawaii Bar Journal reserves the right to edit or not publish submitted material.

Pro Bono Celebration 2015

Save the Date: Thursday, October 29, 2015, 4:00 p.m.

The Hawaii Access to Justice Commission (“Commission”) is sponsoring the 2015 Pro Bono Celebration on Thursday, October 29, 2015 at 4:00 p.m. The event will take place at the Hawaii Supreme Court Courtroom at Ali`iolani Hale.

Outstanding pro bono attorneys will be recognized by legal services providers and law firms and individual attorneys who have staffed and will be staffing the Access to Justice Rooms at the Kapolei Family Court and at the Honolulu District Court will be acknowledged. The final essay award recipients of the essay contest sponsored by the Commission for high school students in grades 10 to 12 will also be honored.

ATTORNEY WANTED LEGAL AID SOCIETY OF HAWAII, seeks Managing Attorney for Consumer and Housing Unit in Honolulu. Litigation experience and interest in serving the community required. Supervisory experience and knowledge of applicable laws strongly preferred. Generous benefit package provided.

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