Hawaii Bar Journal - July 2023

Susan

Ryan Hamaguchi

Cynthia Johiro

Edward Kemper

Laurel Loo

Melvin M M Masuda

Eaton O'Neill

Lennes Omuro

Brett Tobin

HSBA OFFICERS President

Rhonda Griswold

President-Elect

Jesse Souki

Vice President

Mark M Murakami

Secretary

Lanson Kupau

Treasurer

Alika Piper

YLD OFFICERS President

Lisa Yang

Vice President/President-Elect

Kelcie Nagata

Secretary

Danica Swenson

Treasurer

Andria Schumann EXECUTIVE DIRECTOR

Patricia Mau-Shimizu

Brett Pruitt

Art Direction

On the Cover: S u n fl o w e rs 2 by G e o r g e E v a n D av i s D av i s w o rk s p r i m a r i l y i n o i l s a n d a c r y l i c s i n a s t y l e t h a t i s f l u i d a n d u n c o n f i n e d W h i l e h e l ove s t h e r e a l i s m o f p o r t r a i t s, h e i s a l s o d r a w n t o t h e e x p r e s s i ve n e s s o f a b s t r a c t p a i n t i n g Yo u c a n s e e m o r e o f h i s w o rk i n h i s o n l i n e g a l l e r y a t w w w. g e o r g e e v a n a r t . c o m

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 Jour nal 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 infor mation contained herein This publication is designed to provide general infor mation 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 infor mational purposes only Nothing contained in this publication is to be considered as the rendering of legal advice

INTRODUCTION

The William S. Richardson School of Law celebrates its 50th anniversary in September of 2023 It is an auspicious time to ref lect on the founders’ vision for the law school, the life experiences that motivated the founders to pursue such an ambitious goal, the challenges facing the law school in its early years and the many accomplishments and contributions of the law school, its faculty, s t u d e n t s a n d g r a d u a t e s o v e r the years

Realizing the Dream and Keeping It Alive Part 1

shared a common vision.

Greater Opportunities for Legal Education

The William S Richardson School of Law has not only accomplished each of its original goals bu t , i n m a ny w a y s, h a s e x c e e d e d expectations Many minds and many hands have guided the law school’s remarkable jour ney over the last five decades The law school in tur n has provided leadership not only in the State of Hawaii but throughout the Pacific and has ear ned a reputation that is national and international in scope.

THE VISION OF THE FOUNDERS

Three individuals have been widely credited for founding the William S Richardson School of Law: Gover nor John A . B u r n s , C h i e f Justice William S R i c h a r d s o n , a n d a t t o r n e y Wa l l a c e S Fujiyama Although the founders came from quite different backg rounds, they

The founders sought to establish a law school at the University of Hawaii that would provide opportunities for egal education to all the people of H a w a i i , n o t j u s t t h o s e a f f l u e n t e n o u g h t o a f f o r d t h e e x p e n s e o f private law schools on the mainland Hawaii residents faced g reat difficulty in gaining admission to tate-funded law schools on the mainland 1 Chief Justice Richardon mentioned that concer n to the irst incoming class of University of Hawaii School of Law:2

To me, and to the people of Hawaii, you represent no less than the realization of a dream For too many years, I have seen Hawaii residents denied a legal education simply because of the crush of admissions has caused mainland school to discriminate in favor of their residents and against ours. Of those who take the bar exam each year in Hawaii, as ew as five percent are local applicants The ounding of this aw school means g reater opportunity for our young people in particuar and for the State in general 3

Gover nor Bur ns was a visionary who sought to ake advantage Hawaii’s unique

“Geneva of the Pacific”

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position in the middle of the Pacific:

Like King Kalakaua, he sought to tur n Hawaii into the “Geneva of the Pacific” – the bridge between Asia and the Pacific Region and the United States Mainland He envisioned for Hawaii a function that Switzerland does for Europe and for most of the world – a Hawaii that is a Pacific center for trade, commerce, finance, art, culture, and education 4

Chief Justice Richardson encouraged the first incoming law class to acquire a solid foundation in their core legal studies and to become specialists in inter national law, law of the sea and the comparative laws of the countries of the Pacific and Asia. Chief Justice Richardson foresaw the need for lawyers with expertise in resolving conf licts regarding the environment, the preservation of the reefs, the contamination of the ocean, the exploitation of seabeds and territorial fishing rights 5

In order to accomplish these lofty goals, Gover nor Bur ns and Chief Justice Richardson knew that nothing less than a first-rate law school would be needed to transfor m Hawaii from one dependent on low-paying jobs in fields and factories to one based on higher education. Establishing a first-rate law school would require recruiting the best possible deans and faculty and attracting top students capable of passing the bar exam.6

Chief Justice Richardson impressed on the first incoming

law class that the reputation of the law school and the future of Hawaii depended on their success as lawyers

Despite its frustrations, law remains a vital, attractive profession. In Hawaii, it has supplied us with the pre-ponderant amount of our leaders and policymakers As they helped to shape Hawaii, you can shape its future As you prog ress, so should this school. I hope it will excel, that it will not be run-of-the-mill, that it will keep the law alive, that it will think in ter ms of the future and what can be 7

John A Bur ns is credited with many accomplishments in his years as gover nor from 1962 to 1975, which are commonly referred to as “The Bur ns Years ” He often said that he would consider his gover norship to be a failure if he had not succeeded in building the law school and the medical school at the University of Hawaii 8

Civic Leadership, Service to Underserved Communities and Diversity

The founders envisioned a law school that would recruit and train lawyers, bor n and/or raised in Hawaii, who were likely to choose careers in public service and public interest instead of careers in private industry that merely paid well.

Among the objectives of the new law school were “the training for public leadership” and “the provision of legal services to

Above Left: School of Law Staff Above Right: 1975 Faculty Entering Class and Transfers Preadmission Prog ram Staff

lower income g roups.”9

Gover nor Bur ns viewed Hawaii’s ethnic and cultural diversity as its most valuable asset He sought to open the doors to economic opportunity for every person living in Hawaii His dream was to build in Hawaii, with contributions from all of its constituent ethnic g roups, an “Athens of the Pacific” that would be that “shining light of service to the Pacific Region and to Asia.”10

I n o r d e r t o a c h i e v e t h e g o a l o f d i v e r s i t y i n t h e H a w a i i b a r, p o l i c i e s o f inclusion, as opposed to policies of exclusion, would have to be adopted by the executive, legislative, and judicial branches of state gover nment In other words, without the support of civic leaders who were committed to the goal of equal opportunities for everyone, irrespective of race and/or income, diversity would remain an impossible dream

PROFILES OF THE FOUNDERS: John A. Bur ns (1909–1975)

John Anthony Bur ns ’ backg round would make him an unlikely co-founder of the law school and the medical school at the University of Hawaii His early years certainly did not presage his instrumental role in winning statehood for Hawaii as its Delegate to Cong ress nor his serving as Gover nor of Hawaii from 1962 to 1974.

John Bur ns was bor n the eldest of four into a military family in the rural town of Assiniboine, Montana Both of his parents were of Irish descent His family moved to Honolulu when he was four From age nine, Bur ns was raised in Kalihi, Honolulu by a single parent, his mom Anne F lorida Bur ns During his pre-teen and teen years John Bur ns was “always getting into trouble” and he was anything but a good student He once played hooky for 58 days He did not g raduate from high school until age 21

D DEPUTY C COR PORATION C COU N SEL A AN D L LAW CLER K/LAW I INTERN V VAC ANCI ES

The County of Maui, Department of the Corporation Counsel, seeks to fill vacant Deputy Corporation Counsel positions at all experience levels. Current Hawaii State bar license in good standing is required. The ideal applicant should have strong oral and writing skills and legal research abilities, with a commitment to public service. Seeking applicants interested in legislative, transactional, administrative law, and civil litigation. Salary range is $74,990 to $147,265, depending on years of experience. Benefits package includes generous paid leave (sick and vacation), pension, health coverage, and defined-contribution plans.

The Department is also recruiting law school graduates who intend to take the next bar exam or are awaiting bar exam results as Law Clerks. Law Clerks would be in an excellent position to be hired as Deputy Corporation Counsel upon passage of the bar exam. Salary is $73,000. Position comes with full benefits.

The Department is also recruiting law school students for limited-term law intern positions. Paid positions are $20/hour and may include benefits.

To apply, submit letter of interest, resume, work sample, and references to: corpcoun@mauicounty.gov.

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Despite the shortcomings of his early life, John Bur ns came to view education as the g reat equalizer. Prior to g raduating from high school, Bur ns dropped out two times and did one year stint in the U n i t e d S t a t e s A r my f ro m w h i c h h e discharged early for drinking and his inability to confor m to military discipline He enrolled at the University of Hawaii in Manoa but did not last a year before quitting school a third time when he met his wife Bea Bur ns They married in 1931 11

After getting married, John Bur ns struggled to find steady employment and he travelled back and forth from Hawaii to Califor nia In 1934, at age 25, John Bur ns finally settled into a career with the Honolulu Police Department (HPD) where he eventually rose to the position of captain 12

In early 1941, with the prospect of war with Japan looming on the horizon, the 31-year old HPD captain was given an assignment that would alter the trajectory of his life. His official duties as head of HPD’s Espionage Bureau were to spy on Americans of Japanese Ancestry (AJA) and to report his findings to the Federal Bureau of Investigation and the U S military That assignment would prove prescient in several respects Id

John Bur ns, in his position as head of the Espionage Bureau, vouched for the loyalty of many in the AJA Community. Consequently, Hawaii’s AJAs saw far fewer of their numbers sent to inter nment camps when compared to West Coast AJAs The relationships that John Bur ns forged with the AJA community during the WWII years helped him to build the coalition that would eventually lead to the success of the Democratic Revolution of 1954, which tur ned the economic and political power structure of Hawaii on its head Further, as head of the Espionage Bureau, John

Bur ns used his frequent and regular contact with AJAs to encourage them to sign up with the U.S. military. The valor and sacrifices of the 442nd regimental combat unit and the 100th Battalion played a significant role in Hawaii winning statehood in 1959 13

William S. Richardson (1919 –2010)

William Shaw Richardson was bor n in Honolulu of Chinese, Native Hawaiian, and Euro-American ancestry When asked about the circumstances of his childhood, his mother would answer directly, “We were poor, like many families of our day.”14

Although the Richardsons were not wealthy, they had a r i c h h e r i t a g e Wi l l i a m R i c h a r d s o n w a s a d e s c e n d e n t o f A l a p a ‘ i N u i , a h i g h c h i e f w h o r u l e d H a w a i i I s l a n d i n t h e 1 7 0 0 s H i s g r a n d f a t h e r, C o l o n e l Jo h n Ke o n e L i k i k i n e R i c h a r d s o n , w a s a l e a d i n g f i g u r e i n s u p p o r t o f Q u e e n Liliu‘okalani and in the opposition to the overthrow of the Kingdom of Hawaii 15

William Richardson served in the U S Ar my during World War II Following his military service, he used the G I Bill to obtain his college deg ree from the University of Hawaii at Manoa and his law deg ree from the University of Cincinnati College of Law He served as chair of the Democratic Party of Hawaii from 1956 to 1962. From December of 1962 through A pril 1966, he served as Lieutenant Gover nor under John A. Bur ns. From 1966 through 1982, he served as Chief Justice of the Hawaii Supreme Court Id

Chief Justice Richardson’s tenure as Chief Justice of the Hawaii Supreme Court was distinguished by landmark decisions that recognized as precedent Hawaii’s unique cultural and legal history dating back to the Kingdom of Hawaii The Richardson Court held that the public’s interest in the natural environment may limit or prohibit commercial development of sensitive areas, including coastlines and beaches. The Richardson Court also held that the public has a right of access to H a w a i i ’ s b e a c h e s, a n d t h a t n e w l a n d c r e a t e d by l av a f l o w s belonged to the State, not to nearby property owners Perhaps the most well-known of Chief Justice Richardson’s rulings

arose out of a dispute between two large sugarcane plantations o n K a u a i M u c h t o t h e s u r p r i s e o f t h e b i g l a n d o w n e r s, t h e H a w a i i S u p r e m e C o u r t r u l e d t h a t t h e w a t e r ove r w h i c h t h ey w e r e f i g h t i n g b e l o n g e d t o n e i t h e r o f t h e m bu t t o t h e S t a t e of Hawaii.16

Wallace S. Fujiyama (1925 - 1994)

Wa l l a c e S a c h i o F u j i y a m a , a n A m e r i c a n o f Ja p a n e s e Ancestry (AJA), was a Honolulu attor ney who was a major proponent for the establishment of a law school at the University of Hawaii (UH) From 1966 through 1982, Wally, as he was commonly known, held a number of inf luential positions:member of the Ethics Committee of the Hawaii State Bar Association (HSBA), President of the Hawaii Trial Lawyers Association, HSBA President, and member of the UH Board of Regents 17

It was Wally’s personal experience with racial discrimination as an AJA after entering the Hawaii bar in 1954 that motivated him to help bring about a new order, one that opened doors for Hawaii’s AJA and other non-white ethnic g roups in the field of law.18

At the urging of William Richardson, Wally applied to and was accepted at Richardson’s alma mater, the University of Cincinnati College of Law Wally studied hard and became a m e m b e r o f t h e L aw Rev i e w H e w a s i n d u c t e d i n t o t h e

prestigious Order of The Coif He g raduated at the top of his class, with the highest GPA ever achieved at that law school

Entering Class of 1974

As of Wally’s passing 40 years later, in March of 1994, that record still stood. W h i l e a t l a w s c h o o l , Wa l l y w ro t e l a w review articles on cor porate law and tax law He saw himself as having a promising future as a cor porate lawyer 19

With his impeccable credentials, Wally confidently submitted his resume to one of the top Honolulu law fir ms. At his interview, Wally was subjected to a perfunctory interrogation, the answers to which would have been apparent to anyone who actually read his resume - that Wally had in fact g raduated well into the top 10% of his class, was on law review a n d h a d w r i t t e n s e ve r a l l a w r e v i e w articles The interview concluded with the fir m ’ s assurance: “We will call you. ” Forty years later, Wally quipped sarcastically: “I’m still waiting for that call ” The big fir m instead had hired someone from the mainland 20

Wally’s 1954 experience with racial discrimination in the legal profession was not unusual In fact, exclusion on the basis of race by the “big name ” law fir ms was the nor m. In the half dozen law fir ms over 50 years old at the time, all the attor neys were Caucasian and they never had an Asian or Polynesian partner or associate 21

Wally was undoubtedly aware that it was highly unlikely that he would have been hired by any big-name law fir m. He later characterized his application as an attempt to “stor m the fortress.”22

A l t h o u g h Wa l l y f o u n d e m p l o y m e n t e l s e w h e r e , h e n e v e r f o r g o t t h e d i s c r i m i n a t o r y t r e a t m e n t h e h a d r e c e i v e d H e s p e n t h i s c a r e e r t a k i n g o n w h a t h e v i e w e d a s t h e C a u c a s i a n e l i t e establishment whom he considered to be pompous and arrogant.23

George R. Ariyoshi passed the Hawaii bar in 1952 and served as Governor of Hawaii from 1974 to 1986 Ariyoshi explained how the race-based

DEPUTY PROSECUTING ATTORNEY AND LAW CLERK VACANCIES

The Department of the Prosecuting Attorney, City and County of Honolulu, is looking to fill vacant deputy prosecuting attorney positions at all experience levels. Applicants must be licensed to practice law in the State of Hawaii and in good standing before the Hawaii Supreme Court at the time of hire Those waiting for bar exam results are encouraged to apply. The ideal applicant should have strong analytical skills, be comfortable with both oral and written communications, exhibit high ethical standards, and show a commitment to public safety. Salaries start at $81,744. Great benefits package including pension, health coverage, and defined-contribution plans

The Department is also recruiting law clerks who intend to take the next bar exam or are awaiting bar exam results Law clerks would be in excellent position to be hired as deputy prosecuting attorneys upon passage of the bar exam Salary is $50,880 Position comes with full benefits

To apply, please visit our website at: https://www honoluluprosecutor org/employment-opportunities

exclusionary hiring practices of the big fir ms adversely affected career opportunities for non-white minorities:

If you are part of [the Big Five] g roup, opportunities were open, but if not, you could work up to a certain level, but never be able to rise higher, irrespective of your talents and abilities In the law practice, I saw a few large fir ms getting most of the large company business, but independents were left out ”24

Wally Fujiyama used his extensive influence in joining forces with Gover nor Bur ns and Chief Justice Richardson to e s t a b l i s h a l a w s c h o o l w h e r e a l l o f H a w a i i ’ s p e o p l e i n c l u d i n g t h o s e w h o w e r e n o t m e m b e r s o f t h e C a u c a s i a n e l i t e c o u l d r e c e i v e a f i r s t - r a t e l e g a l education that might lead to a successful legal career

MOVEMENTS FOR SOCIAL JUSTICE - 1954 to 1972

The post-World War II era was marked nationally by political activism including the civil rights movement which coincided with several landmark United States Supreme Court decisions against discrimination based on race Bro wn v Board of Education struck down the “separate but equal” doctrine as unconstitutional. That was followed by other rulings which struck down seg regation in public accommodations and state laws banning interracial marriage In 1964, Cong ress passed the Civil Rights Act of 1964 which explicitly banned all discrimination based on race, including racial seg regation in schools, businesses, and in public accommodations. The Voting Rights Act of 1965 restored and protected voting rights by authorizing federal oversight of registration and elections in areas with historic under-representation of minority voters The Fair

Housing Act of 1968 banned discrimination in the sale or rental of housing 25

B r e n d a n B u r n s , Jo h n B u r n s ’ g randson and biog rapher, recounts his g randfather’s encounter with an executive of one of the Big Five companies w h i l e h e w a s i n t h e H o n o l u l u Po l i c e Department in the 1930s

The man told him “Jack, you gotta admit that certain people are bor n to run the lives of others ”

Disgusted at the man ’ s prejudicial attitude, my g randfather replied to him: “I don’t gotta admit nothing I sure don’t gotta admit that As a matter of fact, I’ll deny it.”26

Brendan Bur ns also relates the recollections of his late father, Judge James S Bur ns, son of Gover nor Bur ns:

During this time period [pre-1954], racism especially towards Asians in the Territory by the Caucasian elite was pervasive “The discrimination a g a i n s t A s i a n s i n c l u d i n g F i l i p i n o s was severe, ” explains my father.

“Asians were treated as second-class citizens; they had substantially less o p p o r t u n i t i e s f o r e d u c a t i o n a n d employment ” Id at 88

Americans of Japanese Ancestry, retur ning home after WWII, were not content to accept their pre-war status as second-class citizens They were determined to be treated as equals Many took advantage of the G I Bill and went to college Some of those veterans went on to law school 27

W h e n Jo h n B u r n s l e f t t h e p o l i c e department in 1946 to start a career in

politics, a prominent Republican law maker offered to back Bur ns in the next election if he would run as a Republican. Bur ns said, “No thanks, I’m not interested.” Bur ns said that he intended instead to build the Democrats into the majority party The prominent Republican law maker then told Bur ns that “that could never be done ” Bur ns responded that “it won’t be for a lack of trying ” Id at 89.

By the early 1970s, Representative Patsy Mink and her colleagues in Cong ress led the charge to create equal rights for girls and women in high school and college athletics By 1972, Title IX became the law of the land 28

T h e m i d - 1 9 7 0 s s a w t h e r i s e o f cultural awareness and pride among Native Hawaiians. This era became

School of Law Faculty

known as the Hawaiian Renaissance. In March of 1975, the Polynesian Voyaging Society launched Hokule‘a, a doublehulled canoe which soon sailed to all cor ners of Polynesia and later around the world 29

The William S Richardson School of Law had its beginning in 1973 but the forces that led to the creation of the law school had their roots in social justice movements dating back to the mid-1950s.

WINNING LEGISLATIVE SUPPORT - 1966 to 1972

In 1966, Chief Justice Richardson began spearheading the drive to establish a law school at the University of Hawaii At that time, the large majority of the Hawaii bar opposed its creation and the State Legislature was reluctant to fund it It was not until 1971, five years later, that he and Gover nor Bur ns were able to persuade the Hawaii State Legislature to pass a bill to provide the funds to start a law school 30

In 1971, Allen Hoe was a young legislative aide to Senator Francis A. Wong. One day, Senator Wong told Hoe t h a t t h e g ove r n o r h a d r e q u e s t e d h i s p r e s e n c e a t a m e e t i n g t h a t a f t e r n o o n Hoe was sur prised at the Gover nor ’ s request When he entered the Gover nor ’ s office, he chose a seat in the back row, hoping to avoid being noticed.31

After discussing a few other matters, Gover nor Bur ns tur ned to senators who were undecided about funding the law school Several of these senators were WWII veterans who had used the G I Bill to go to law school on the mainland The gover nor said: “We need to get the law school funding done, you guys had your opportunity to go to law school, I believe our young veterans like Allen who served in Vietnam, should have the s a m e o p p o r t u n i t y a s w e l l , h e r e i n Hawaii ” Id

Deputy Solicitor General Vacancy

The Appellate Division of the Hawai‘i Department of the Attorney General seeks to fill a vacancy for a Deputy Solicitor General. The position provides a unique opportunity to specialize in civil and criminal appeals, many involving constitutional issues. Applicants must be licensed in Hawai‘i and possess strong analytical, research, and writing skills. To apply, please send a cover letter, resume, writing sample, and completed Application for Deputy Attorney General (download from ag.hawaii.gov/employment/) to: tammy.d.tam@hawaii.gov or address below, postmarked by July 31, 2023.

On May 28, 1971, the legislature passed by a single vote in the Senate, on the last day of the session shortly after midnight, the bill to fund the hiring of a law school dean who would then explore t h e a l t e r n a t i ve s f o r t h e p hy s i c a l f a c i l i t y f o r t h e l a w s c h o o l a n d r e c r u i t l a w p ro f e s s o r s 3 2

COMPOSITION OF FIRST LAW CLASS – 1973

As of 1970, persons self-identifying as Native Hawaiian comprised 9 3% of Hawaii’s population but were underrepresented at only 2% of the Bar Persons of Filipino descent which comprised 12 4% of Hawaii’s population in the 1970 census were even more underrepresented at less than 1% of the Bar. Persons of Samoan descent had no representation in the Bar at all 33

From the very first entering class in 1973, the William S Richardson School of Law moved the needle of diversity and inclusion towards a fairer ref lection of Hawaii’s mix of ethnic g roups. Twenty-one of the 53 members, 32% of the first law class, were Caucasian compared to the 1970 census figure of 39 2% One member of the incoming class was half Japanese, half Caucasian, 1 9% of the incoming class The next largest ethnic g roup, Americans of Japanese ancestry, made up 16 of the 53 class members, or 30.2% compared to 28.3% of the 1970 population. Seven of the 53 entering class were Hawaiian or part-Hawaiian, with the addition of one transfer bringing the number to eight, comprising 15% of the first class Six of the incoming class were Chinese, or 11 3%, compared to the 6 8% of the 1970 census population. Two members of the incoming class were Korean, 3 9%, compared to 1 25% in the 1970 census Of the incoming class, one was Samoan, one was Filipino, and one was

Micronesian, each representing 1.9% of the class composition.34

A c c o r d i n g t o Je r r y D u Po n t , w h o w a s o n t h e f i r s t a d m i s s i o n s c o m m i t t e e i n 1 9 7 3 , t h e s i m i l a r i t i e s b e t w e e n t h e c o m p o s i t i o n o f t h e f i r s t e n t e r i n g c l a s s a n d H a w a i i ’ s p o p u l a t i o n w a s n o t t h e r e s u l t o f d e l i b e r a t e m a n i p u l a t i o n I t w a s a m a t t e r o f s t a t i s t i c a l c o i n c i d e n c e o r j u s t b l i n d l u c k . 3 5

The law school’s admissions policy of embracing diversity has had a generat i o n a l i m p a c t S t at e S e n at o r Ja r re t t Ke o h o k a l o l e, a N at i ve H aw a i i a n Richardson law g raduate, was inspired to become a lawyer and to run for public office because he saw Gover nor John Waihee, a Native Hawaiian member of the first g raduating class, on TV when he was a youngster 36

FISCAL UNCERTAINTY AND CHALLENGES - 1973 to 1995

In 1972, David A Hood was appointed the first Dean and Director of Legal Education for the University of Hawaii. With minimal funding for its first year of operations, the law school was initially relegated to a single 550 square-foot-wooden structure in a former rock quarry on Lower Campus Road A few other temporary portable wooden buildings were trucked in and elevated on posts to avoid the mud below when it rained. The quarry was hot, dusty, and noisy. In the early to mid1970s, there was constant construction in the quarry Lower Campus Road was regularly trafficked by large trucks and other motorized equipment One of the larger temporary buildings, towards the Music School, was sand wiched between the H-1 Freeway off ramp and Lower Campus Road. It was subjected to nearconstant noise Large trucks loudly downshifting on the H-1 off ramp would next be heard roaring down Lower

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C a m p u s Ro a d . I t w a s s o n o i s y t h a t t h e A m e r i c a n B a r A s s o c i a t i o n e v a l u at i o n t e a m , v i s i t i n g t h e l a w s c h o o l i n w i n t e r o f 1 9 7 4 , r e p o r t e d t h a t “ t h ey c o u l d n o t h e a r a l l o f w h a t w a s b e i n g s a i d by t h e p ro f e s s o r s n o r v i r t u a l l y a ny t h i n g f ro m t h e s t u d e n t s ” 3 7

In 1974, the American Bar Association g ranted provisional accreditation to the law school on a yearly basis but withheld per manent accreditation until the law school could demonstrate that it had t h e s u p p o r t o f t h e l e g i s l a t u r e t o bu i l d a p e r m a n e n t s t r u c t u r e I t t o o k n e a rl y 1 0 ye a r s f o r t h e p e r m a n e n t s t r u c t u r e t o b e bu i l t 3 8

Funding for keeping the law school open had to be renewed by the State Legislature each year in the early years a n d w a s n o t g u a r a n t e e d I n 1 9 8 0 , several law students appeared before the legislature to ask for funding for the next school year Legislators decided to heed their pleas and funded the law school for another year One student’s testimony portrayed who they were: “We are not

s o n s a n d d a u g h t e r s o f d o c t o r s , r e a l estate tycoons, professors or bankers…. most of us are the first in our families to pursue a college education ”39

Again, in the spring of 1981, 2L and 3L students went door to door in the l e g i s l a t u r e t o m e e t w i t h l a w m a k e r s, t o a s k f o r t h e f u n d i n g t o k e e p t h e l a w s c h o o l o p e r a t i n g f o r a n o t h e r y e a r. Fo r t u n a t e l y, f u n d i n g f o r t h e 1 9 8 1 - 1 9 8 2 s c h o o l ye a r w a s a g a i n a p p rove d by t h e L e g i s l a t u r e 4 0

The library half of the two-building law school complex was completed in 1982 and the ABA soon conferred permanent accreditation on the law school 41

In 1993, Kenneth P Mortimer was appointed President of the University of H a w a i i . A t t h a t t i m e, t h e S t a t e o f H a w a i i w a s i n d i r e e c o n o m i c s t r a i t s Mortimer was brought in to reduce the University’s budget The law school, the medical school, and the school of nursing were among the most expensive prog rams at the University All three were singled out for possible closure by the

S t a t e L e g i s l a t u r e a n d G o v e r n o r Benjamin J. Cayetano. When Mortimer was brought in, 80% of the law school’s operating expenses were recovered by the University 42

I n N o v e m b e r 1 9 9 4 , P r e s i d e n t M o r t i m e r o u s t e d l a w s c h o o l D e a n Je r e my H a r r i s o n i n a m ove w h i c h w a s w i d e l y v i e w e d a s h o s t i l e t o t h e l a w school. Associate Dean Lawrence C. “Larry” Foster was appointed as Interim D e a n S u p p o r t e r s o f t h e l a w s c h o o l denounced President Mortimer’s actions in the media Meanwhile, Interim Dean Foster and his administration for mulated a three-pronged financial plan which would reverse the 80/20 cost of the law school to the University. First, the annual in-state and out-of-state JD tuitions were to increase incrementally over time from their respective rates of $1,200 and $3,900 Second, an LLM prog ram would be established with an annual tuition at $20,000 a year Very little expense was added since the LLM students would be sitting in the same classes as

School of Law - Entering Class and Transfers

t h e J D s t u d e n t s. T h i r d , t h e c a p o n t h e n u m b e r o f l a w s c h o o l a d m i s s i o n s w a s i n c r e a s e d f ro m 6 5 t o a s m a ny a s 9 5 . I n t e r i m D e a n Fo s t e r a l s o l o b b i e d G ove r n o r C a ye t a n o, t h e S t a t e B a r, t h e C h i e f Ju d g e o f t h e Fe d e r a l D i s t r i c t C o u r t a n d t h e C h i e f Ju s t i c e o f t h e H a w a i i S t a t e S u p r e m e C o u r t f o r t h e i r s u p p o r t . G ove r n o r C a ye t a n o e ve n t ua l l y c a m e a ro u n d t o s u p p o r t t h e l a w s c h o o l a n d t h e o p p o s i t i o n i n t h e l e g i sl a t u r e w a s q u e l l e d w i t h t h e l a w s c h o o l ’ s n e w f i n a n c i a l p l a n L a r r y Fo s t e r w a s a p p o i n t e d a s p e r m a n e n t D e a n o f t h e l a w s c h o o l a s h o r t t i m e l a t e r 4 3 I n r e t ro s p e c t , 3 0 ye a r s l a t e r, P r e s id e n t M o r t i m e r r e m a i n s a n e n i g m a t i c f i g u r e. M o r t i m e r w a s r e c o g n i z e d a s a n e x p e r t i n h i g h e r e d u c a t i o n p o l i c y H e i s c r e d i t e d w i t h e x p a n d i n g t h e U n i ve r s i t y ’ s a u t o n o my f ro m t h e L e g i sl a t u r e I n a n e f f o r t t o g r a p p l e w i t h d ec l i n i n g s t a t e r e s o u rc e s, h e ove r s a w t h e U n i ve r s i t y ’ s f i r s t c o m p r e h e n s i ve f u n d r a i s i n g c a m p a i g n . W h i l e m a ny s t i l l v i e w M o r t i m e r a s a v i l l a i n i n t h e l a w s c h o o l s a g a , a f e w, s u c h a s L a r r y Fo s t e r, s e e h i m a s a n u n s u n g h e ro A t t h e s a m e t i m e t h a t M o r t i m e r w a s o st e n s i b l y p l a y i n g t o t h e d i c t a t e s o f t h e l e g i s l a t u r e a n d t h e G ove r n o r, h e a ss e m b l e d a b l u e r i b b o n p a n e l c o n s i s t i n g o f w e l l k n o w n l a w s c h o o l s u p p o r t e r s w h i c h p r e d i c t a b l y i s s u e d a r e p o r t t o t h e l e g i s l a t u r e t o u t i n g t h e v a l u e o f t h e l a w s c h o o l D e a n Fo s t e r r e c a l l s t h a t d u r i n g t h a t e r a , t h e l a w s c h o o l h a d a d ve r s a r i e s i n t h e l e g i s l a t u r e w h o r el e n t l e s s l y s p o k e o u t a g a i n s t i t ye a r a f t e r ye a r A t t h e e n d o f t h e d a y, a l l o f t h e p ro g r a m s t h a t w e r e o n t h e c h o pp i n g b l o c k d u r i n g t h e e a rl y ye a r s o f M o r t i m e r ’ s a d m i n i s t r a t i o n r e m a i n e d open Mortimer served as President of the University of Hawaii until 2001 44

AALS MEMBERSHIP; PROGRESS IN DIVERSITY; SUCCESS OF GRADUATES; CIVIC LEADERSHIP; PUBLIC SERVICE (1988 – 2022)

On January 6, 1989, the law school w a s a c c e p t e d f o r m e m b e r s h i p i n t h e Association of American Law Schools (AALS). AALS membership represented recognition by the teaching profession of the law school’s academic quality. The AALS was particularly impressed with the quality and quantity of research and publications of the law faculty By 1989, the law school had also hosted several United States Supreme Court Justices as Jurists-in-Residence as well as law professors from China, Japan, Australia, and the Federated States of Micronesia who taught courses or gave presentations at the law school The law school, in January of 1989, also co-hosted the annual

e A s i a - Pa c i f i c L a w ye r s A s s o c i a t i o n , w h i c h w a s a t t e n d e d b y 4 0 0 l a w y e r s f r o m t h e P a c i f i c , A s i a , a n d E u ro p e 4 5

The incoming class of 1988 tied the law school’s record for the highest numb e r o f f e m a l e s a d m i t t e d a t 5 5 % a n d Native Hawaiians at 24% Eighty-five percent of the student body were Hawaii residents and nearly 50% came from the U n i ve r s i t y o f H a w a i i u n d e r g r a d u a t e s y s t e m A s o f 1 9 8 9 , t h e Wi l l i a m S R i c h a r d s o n S c h o o l o f L a w h a d a l s o a t t r a c t e d g r a d u a t e s f r o m S t a n f o r d , B e r k e l e y, H a r v a r d , Ya l e , M i c h i g a n , B o s t o n U n i v e r s i t y, R i c e , U C L A , a n d other top ranked schools Id

The William S. Richardson School of Law admissions policies likely played a role in increasing the Native Hawaiian presence in the Hawaii bar from 2% in 1970 to 7 1% in 2022 The latter figure

can be compared to 2020 census count of 10.8% of persons self-identifying as Native Hawaiian. Similarly, the percenta g e o f F i l i p i n o s i n t h e H a w a i i b a r increased from less than 1% in 1970 to 3 1% in 2022 In the 2022 State Judiciary Diversity Report, 19% of the state court judges self-identified as Native Hawaiian or part-Native Hawaiian and 6% self-identified as Filipino. In 2000, the Filipino population in Hawaii was estimated at 22 8% 46

The 1988-1989 report of the law school fairly characterized its inf luence in the Hawaii bar to be “dramatic and pervasive ” William S Richardson School of Law g raduates had found their way to the top ranks of gover nment agencies, large law fir ms, and public interest agencies Many had become name partners in small and medium fir ms, and many had opened their own

solo practices. First-time placement of new g raduates continued to be impressive with 95% of the class of 1988 finding employment by October 1988 47

While law schools across country had been increasingly concer ned about the ever-rising numbers of students e l e c t i n g p r i v a t e p r a c t i c e o v e r p u b l i c i n t e r e s t a n d g o v e r n m e n t s e r v i c e , R i c h a r d s o n continued to demonstrate the opposite trend. Thirty-two percent of the class of 1988 chose positions in public interest law or gover nment service Additionally, 26% of 1988 g raduates received federal and state judicial clerkships, an increase over 6% over 1987, which was a previous record high Those figures were among the highest percentages in the nation. Id.

In 2022, statistics maintained by the Hawaii State Bar Association indicate

(Continued on pa ge 23)

H S B A H A P P E N I N G S

HSBA Board Action

The HSBA Board took the following actions at its meeting in A pril:

• Adopted the recommendation of the Executive Committee to contribute $300 towards a g roup gift for the Dai-Ichi Tokyo Bar Association at the friendship meeting being hosted by the HSBA Inter national Law Section on June 2, 2023;

• Voted to contribute $300 towards a g roup gift for the Seoul Bar Association at the friendship meeting being hosted by the Inter national Law Section in late June 2023; and

• Adopted the recommendation of the Executive Committee to post a notice to members regarding the proposed new Rule 1 9 B of the Rules of the Supreme Court of the State of Hawaii that seeks to for malize and regulate the practice of law by foreign attor neys in matters outside of court or arbitration hearings, and to advise members they may comment directly to the Court.

2024 HSBA Board Nominees

In accordance with Article VII, Section 3 of the HSBA Constitution and Bylaws, a committee has made nominations for officer and director positions of the HSBA Board and publishes its list of nominees below Ballots will be distributed in early to mid-September, and the election results will be announced at the virtual Annual Meeting being held in conjunction with the Bar Convention in October

HSBA members of active status may also be nominated by written petition signed by at least 20 regular members and submitted to the HSBA Board Secretary at 1100 Alakea Street, Suite 1000, Honolulu, HI 96813, or elections@hsba.org within fifteen days of the publication date (the date this issue is received at the HSBA office).

Vice President

Mark K Murakami

Mark Valencia

Secretar y

Kristin Izumi-Nitao

Treasurer

Lanson Kupau

Director: West Hawaii

Carol Kitaoka

Director: Kauai

Emiko Meyers

Director: Oahu

Jocelyn Chong

Jessica Domingo

Amanda Jones

Simeona Mariano

Robert Miyashita

HSBA/ABA Dele gate

Leslie Hayashi

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The LRIS responds to over 1000 calls and inquiries each month. While more than half of the calls are referred to panel members, the LRIS also plays a critical role in assisting the public looking for legal direction The LRIS receives over 200 calls every month that

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To join the service at the start of the fiscal year July 1, 2023, email l

Administrator at 808-792-7350. The fee for the LRIS fiscal year (July 1, 2023June 30, 2024) is $325 00

Member Benefits Spotlight

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Members of the HSBA get free access to Fastcase legal research as a benefit of membership. Fastcase is a nationwide legal research system that specializes in smarter legal research tools, including mobile apps for iPhone, iPad, and Android, data visualization tools, integ rated citation analysis and more Find out more here To log in to Fastcase, sign into your HSBA member account

Review the article at the following page for the latest news from Fastcase: https://bit l y/3pN5Dr4

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Bank of Hawaii Banking Solutions - Bankoh Bankoh, recognizing that busy Hawaii lawyers sometimes need special attention and expedited banking services for themselves, their fir ms, for cases and for clients, has identified individual bankers who are ready, willing and able to provide the HSBA and its members professional banking solutions For questions and requests concer ning banking services at Bank of Hawaii, call Naomi

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that although William S Richardson School of Law g raduates comprised only 34% of the Hawaii bar, they provided 50% of all of the gover nmental legal workforce needs in the State of Hawaii.48

Over the years, William S. Richardson School of Law g raduates have also been elected to the highest offices in the state They have served in the offices of the Gover nor, Lieutenant Gover nor, and M a yo r s o f t h e C i t y a n d C o u n t y, o f Honolulu, the County of Maui, and the C o u n t y o f H a w a i i . R i c h a r d s o n l a w g raduates have also been elected to Cong ress, the State Senate, the State House of Representatives, and the Honolulu City Council, the Maui County Council, and the Hawaii County Council 49

STATUS OF RICHARDSON WOMEN GRADUATES - 2022

Any evaluation of prog ress in diversity and inclusion in the Hawaii bar must address the status of women According

to historic statistics maintained by the American Bar Association, in the period of 1950 through 1970, only 3% of the lawyers in the United States were women By 1980, that percentage had increased to 8% In 1991, that number increased to 20% By 2000, the number had jumped to 29%.50

The law school’s first Dean David Hood recruited the law school’s first faculty and assigned to them the responsibility of selecting the 53 individuals who w o u l d b e c o m e t h e f i r s t W i l l i a m S R i c h a r d s o n S c h o o l o f L a w c l a s s 5 1

According to Jerry Dupont, a member of the first faculty, there were 300 to 400 applicants for the 53 positions. Dean Hood insisted that the review process eliminate all potential for gender discrimination The selection process resulted in female students comprising 32% of the first class By the third class, the entering class of 1975 the percentage rose to 50% where it has remained ever since.52

1974 Preadmission to Law School Prog ram

Mediation & Arbitration

The admission of women at Richardson is noteworthy but what can be said of the success of its women law g raduates? One indicium of success and leadership of women in the legal profession is the number of women in the Hawaii State Judiciary As of 2022, 49% o f t h e f u l l - t i m e j u d g e s i n t h e S t a t e o f H a w a i i j u d i c i a r y w e r e w o m e n ( 3 6 f em a l e, 3 8 m a l e j u d g e s ) . O f t h a t f i g u r e, Wi l l i a m S. R i c h a r d s o n S c h o o l o f L a w w o m e n g r a d u a t e s o u t n u m b e r e d n o nRichardson women law g raduates by a ratio of 2 to 1 That is quite an astonishing accomplishment considering the fact that Richardson law g raduates make up only about one third of the Hawaii bar.53

In the appellate courts, the Hawaii Supreme Court and the Hawaii Intermediate Court of A ppeals, 55% of the justices and judges are currently women Of the six women judges on the Hawaii appellate courts, four are Richardson law g raduates 54

Several conclusions can be drawn from the above statistics. First, the William S. Richardson School of Law has consistently sur passed the national average in educating and g raduating women lawyers Second, Richardson women law g raduates have far outperfor med women law g raduates from other schools in the State of Hawaii Judiciary. Third, the appointment of Richardson women g raduates to the State Judiciary has not been limited to District Court and Circuit Court positions Richardson women law g rads hold the same 2 to 1 ratio in the Hawaii appellate courts as they do in the lower courts Id

The above statistics appear to bode well for the fair treatment of women in Hawaii, not only in the law but in society generally That is not to say that all is well for women in the law in Hawaii and on the mainland The ABA reports, that

nationally, women ear n only 95% of what their male counter parts do in the practice of law.55

NATIONAL RANKING AND LEADERSHIP IN DIVERSITY - 2023

The William S Richardson School of Law remains among the top 100 law schools in the nation, as reported in the 2023 rankings of g raduate schools by U.S. Ne ws & World Re port. It continues its years of recognition by the publication as ranking among the top tier law schools out of 192 law schools accredited by the American Bar Association (ABA) 56 Released January 31, 2023, the education service company ’ s annual rankings list recognized the William S Richardson School of Law among the nation’s top 10 law schools in multiple categories: #2 for “Most Diverse Faculty,” #4 for “Most Chosen By Older Students,” and #8 for “Best for State and Local Clerkships ” Out of 168 schools, fewer than 45% appear on one or more lists 57

The William S. Richardson School

of Law was ranked in 15 categories, jumping 7 points to 91st in the country for its full-time prog ram, which was ranked 98th in the 2022 rankings of law p

1 Nor man Meller, Hawaii Law School Study, Hawaii Students Disadvanta ged, Rep No 3 to the Legislative Reference Bureau at 34, 35, 46 (1971); A Jerome “Jerry” Dupont, Admissions at the Law School during the First Decade, at 102-104 (Chapter 8 of the yet to be published history of the law school, on file with the author) (In the 1960s, the Hawaii bar had a different ethnic composition from the state population as a whole Chief Justice Richardson, while presiding over a swearingin ceremony in the late 1960s, noticed that only one of the twenty or so inductees had been bor n or raised in Hawaii ); Carol S Dodd, The Richardson Years: 1966-1982 at 83 (The fullest opportunities must be given to the island youngster who does not have the means to go to the mainland for professional schooling ) (1985)

2 In 1983, the name of the law school was changed to William S. Richardson School of Law.

3 William S. Richardson’s Address to Incoming Class on September 4, 1973 at 1, 2 hereinafter “CJ’s Address to First Incoming Class,”

category The biggest gain was in the business/cor porate law category, jumping 8 spots to 103rd place from 111th place in 2022. Richardson’s environmental law prog ram remained in the top 30, placing 26th out of 180 schools in the nation and tying with the law schools at Yale University and the University of Minnesota Id

REALIZING THE DREAM AND KEEPING IT ALIVE – PART II

Part II of Realizing the Dream and Keeping It Alive will outline the William S Richardson School of Law’s many innovative prog rams, and the significant scholarship, accomplishments and contributions of its faculty, students and g raduates As Chief Justice Richardson had hoped at its opening, the law school

https://drive google com/file/d/1Q7qrVEK hLLzTIlmUvzQspI1-T52G8jzU/view

4 Brendan P Bur ns, “An Aura of Greatness, A Ref lection on Gover nor John A Bur ns, ” at 1, 2, 167, 219 and 220; Video and Telephone interviews with Brendan P Bur ns, (A pril 2, 2023 and May 11, 2023); Samuel Crowningburg-Amalu, Jack Bur ns: A Portrait in Transition at 471 (1974) (With the sole exception of King Kalakaua, no leader in Hawaii has taken seriously any consideration of Hawaii as a center for all the many nations and peoples of the Pacific And yet this was the logical position for Hawaii ); Stacey L Kamehiro, Ho‘oulu Hawai‘i, The King Kalakaua Era, Worlding the Kingdom of Hawaii: T he Art of Inter national Relations at 80, 81 (2018) (Kalakaua was an inter nationalist who was the first head of state to circumnavigate the globe in 1881 )

5 CJ’s Address to First Incoming Law Class at 3, supra

has thrived, excelled, and looks to a vibrant future.58

1974 School of Law Staff

6 Ed ward A Mear ns, Jr and Malcolm L Stein, The School of Law, University of Hawaii: Its Feasibility and Social Importance at 23 (The immediate pur pose of the law school should be to provide the best possible professional education for qualified men and women who wish to enter the legal profession.) (1969); Video interview with David L. Callies, Prof. emeritus of the William S. Richardson School of Law, retired (Chief Justice Richardson emphasized on a number of occasions that establishing a first-rate law school was a top priority ) (A pr 9, 2023)

7 CJ’s Address to First Incoming Law Class at 4, 5, supra; See also Interview with David Callies, supra

8 Aura of Greatness at 120, 164, 165; Video interview with Brendan Bur ns (A pr 2, 2023)

9 A Jerome “Jerry” Dupont, Admissions at the Law School During the First Decade, supra at 103104; Prog rams in Legal Education at the University of Hawaii including A Proposal for the Establishment of a School of Law at 4 (Publisher University of Hawaii; no author attribution) (1972); Hawaii Law School Study, supra at 47 (1971)

10 Aura of Greatness at 7, 8 and 10, supra

11 Aura of Greatness at 13-18; Video interview with Brendan Bur ns, supra

12 Aura of Greatness at 18-30

13Aura of Greatness at 73-83 (In one particularly costly campaign, the rescue of the Lost Battalion, AJA soldiers suffered a kill ratio of three to one three AJA soldiers died for each one who survived. It just so happened that the soldiers of the Lost Battalion were from Texas. When Bur ns, a Democrat, was a delegate to Cong ress, he befriended two of the most powerful men in Cong ress Lyndon Johnson was Majority Leader of the Senate and Sam Raybur n was Speaker of the House Johnson and Raybur n, both Democrats from Texas, declared the AJA soldiers to be honorary Texans The two Cong ressional leaders were instrumental in Hawaii’s successful bid for statehood ); Video interview with Brendan Bur ns, supra

14 Carol S Dodd, The Richardson Years: 1966-1982 at 84 (1985)

15 https://en wikipedia org/wiki/

William S Richardson

16 https://en wikipedia org/wiki/

William S Richardson; Carol S Dodd, The Richardson Years: 1966-1982 at 55-66, 71-76 (1985)

17 T. Michael Holmes, Wallace S. Fujiyama and the University of Hawai‘i: 1974-1982 at 181-185 hereinafter “Holmes’ Wally Interview.”

18 James Duffy, Eulog y Presented at the Funeral Service for Wallace Sachio Fujiyama at 5, 6 (March 13, 1994) (on file with its author) hereinafter “Duffy Eulog y.”

19 Duffy Eulog y at 4, 5 supra

20 Holmes’ Wally Interview at 184, supra

21 Leigh-Wai Doo, T he Local and World Context in the School’s For mative Period, Chapter 3, at 50 (unpublished manuscript on the history of the law school, on file with the author) (Leigh-Wai Doo was a founding faculty member and the first Assistant Dean of the law school ); Jerry Dupont, Admissions at the Law School During the First Decade, supra at 103104

22 Holmes’ Wally Interview at 183, supra

23 Duffy Eulog y at 6, supra

24 Aura of Greatness, Forward by George R Ariyoshi at 1, 2, supra; Interview with Brendan Bur ns on May 16, 2023

25 Civil Rights Timeline, https://www loc gov/exhibits/civil-rightsact/legal-events-timeline html

26 Aura of Greatness at 86, supra

27 Aura of Greatness at 90, supra; Hawaii Law School Study, supra at 45.

28 Patsy Takemoto Mink, American Politician, https://www.britannica.com/biography/Pats y-Takemoto-Mink.

29 Hawaiian Renaissance, https://en wikipedia org/wiki/Hawaiian Renaissance; Hokule‘a, https://en wikipedia org/ wiki/Hokule‘a 30Act 146, 1971 Sessions Laws of the State of Hawaii; https://law hawaii edu/about-us/aboutwilliam-s-richardson/timeline/; Ivan M LuiKwan, A Beloved Teacher W hose Vision Had No Boundaries, University of Hawai‘i Law Review, Volume 31, No 1 (Winter 2010)

31 Interview with Allen Hoe on March 30, 2023

32 Id ; Act 146, 1971 Sessions Laws of the State of Hawaii; https://law hawaii edu/about-us/aboutwilliam-s-richardson/timeline/

33 Interviews with Allen Hoe on April 21 and May 16, 2023; https://www census gov/library/stories/state-by-state/hawaii-population-change-between-census-decade html

34 Interviews with Allen Hoe on March 30, April 21, and May 16, 2023; Interview with Jerry Dupont on April 1, 2023.

35 Interview with Jerry Dupont on April 1, 2023.

36 Diversity and Experience: Do T hey Matter? Talk Stor y with Host, John Waihee with guest Senator Jarrett Keohokalole, https://thinktechhawaii com/diversity-andexperience-do-they-matter-talk-story-withjohn-waihee/ (July 27, 2021)

37 A Jerome “Jerry” Dupont, The Law School’s First Decade, Doing Time in the Quarry, Building the Law School’s Temporar y Quar r y Campus, supra at 1-5; Leigh-Wai Doo, The Local and World Context in the School’s For mative Period, Chapter 8, supra at 102; Interview with Jerry Dupont on May 16, 2023

38 https://law hawaii edu/about-us/aboutwilliam-s-richardson/timeline/

39 Carol S Dodd, T he Richardson years: 1966 –1982, at page 102 (1985)

40 The author was one of the Class of 1982 law students who went door-to-door at the State Legislature in the spring of 1981

41 https://law hawaii edu/about-us/aboutwilliam-s-richardson/timeline/

42 Interviews with Lawrence C Foster on May 21, 2023 and May 23, 2023.

43 Joanne Punu and Carol Mon Lee assisted Dean Foster. Interviews with Lawrence C. Foster, supra; Jerry Dupont researched law school tuitions across the country and proposed increases which still left the law school tuition rates as among the lowest in the nation Interviews with Jerry Dupont, supra; Ka Leo O Hawai i, UH Law School May Lose Accreditation (October 10, 1994); David P McCauley, Letter to the Editor Honolulu Advertiser, Har rison Helped Law School (January 4, 1995); Gregory L Lui-Kwan Editorial Honolulu Advertiser, Law School Needs Leadership (December 1994); Interviews with Jerry Dupont on April 1, 2023 and May 15, 2023; May 10, 2023 email from Ellen Rae Cachola, Richardson School of Law Librarian (Resident and non-resident tuition from 1991 to 1996)

C O U R T B R I E F S

Celebrating Justice Michael D. Wilson Day

U n i v e r s i t y L a w S c h o

the legal profession throughout her career This is Justice Nakayama’s second award from HWL She was honored in 2002 with its Outstanding Judicial Achievement Award.

Hale Reappointed Fifth Circuit Per Diem Judge

Glen T. Hale was recently reappointed per diem judge of the District C o u r t o f t h e

The late Judge Lendio Heim, who was represented by her husband, Ron, and sister, Lori McKeown, was known as a strong advocate for women and minorities and believed in equality for all She made a lasting impact on her profession and her community

Supreme Court Justice Michael D Wilson retired after nearly 30 years in service to the people of Hawaii and was recognized by Chief Justice Mark E. Recktenwald with a framed proclamation declaring Tuesday, May 23, 2023 as Justice Michael D Wilson Day in the courts of the State of Hawaii. Justice Wilson spent the early part of his legal career mainly in private practice From 1995 to 2000, he served numerous state entities as Chair person of the Board of Land and Natural Resources, Chair person of the State Water Commission, member of the State Board of Ag riculture, Commissioner of the Kaho olawe I s l a n d Re s e r v e C o m m i s s i o n , a n d

A d m i n i s t r a t o r o f t h e D e p a r t m e n t o f C o m m e r c e a n d C o n s u m e r A f f a i r s ’ Division of Consumer Advocacy.

Justice Wilson was appointed to the Circuit Court of the First Circuit by Gover nor Benjamin Cayetano in May 2000 and to the Supreme Court in A pril 2014 by Gover nor Neil Abercrombie. During his time on the Supreme Court, Justice Wilson chaired a key task force to study effective incarceration policies to i m p rove H a w a i i ’ s c o r r e c t i o n a l s y s t e m . H i s l e a d e r s h i p a n d i n f l u e n c e a l s o e xt e n d e d b eyo n d o u r s h o r e s, h e l p i n g t o found the Global Judicial Institute on the Environment and serving as an adjunct faculty member of the Jindal Global

Justice Nakayama and the late Judge Lendio Heim Honored by Hawaii Women Lawyers

Also honored by HWL were Rhonda Griswold with the Outstanding Women Lawyer Award; Distinguished Service Award: Dr Reni Soon; and President’s Award: Dina Shek.

Kealakehe and Konawaena Debate Club Students Go To Court

Supreme Court Justice Paula Nakayama (ret ) was recently honored by the Hawaii Women Lawyers (HWL) with its Outstanding Judicial Achievement Award. The late District Court Judge Darolyn Lendio Heim was recognized with the Lifetime Achievement Award They along with fellow awardees (see list below) were celebrated on May 6

Justice Nakayama, the second female and longest serving justice, devoted 30 years to the Judiciary in service to the people of Hawaii. She wrote many noteworthy opinions during her time on the bench and actively served

Debate Club students from Kealakehe Inter mediate School and Konawaena Middle School spent a recent Friday mor ning at the Keahuolu Courthouse lear ning about the three branches of gover nment, the judicial process, courtroom procedures, as well as employment opportunities within the judicial system

“You are our future leaders, so aim high,” said Third Circuit Chief Judge Robert D.S. Kim.

Judges, attor neys from the Prosecut o r ’ s a n d P u b l i c D

f

social workers from Adult Probation and Drug Court/Veterans Court, as well as Sheriff ’ s deputies also talked about their jobs.

“The kids were still talking about it Monday mor ning, so it certainly made a positive impact,” said Konawaena Middle School teacher Emily Threlkeld. “I was blown away that so many professionals took the time to talk with the kids, and I thought the emphasis on the educational prerequisites needed for the various jobs positions was something they often do not get to hear ”

The teachers are already making a r r a n g e m e n t s t o r e t u r n w i t h m o r e students

Circuit Court of the First Circuit Criminal Division Seeking Attorneys

The Circuit Court of the First Criminal Division is seeking attor neys interested in serving as court appointed counsel in criminal cases A pplicants must be licensed to practice law in the State of Hawaii and have experience in l i t i g a t i o n a n d / o r c r i m i n a l p r a c t i c e. A pplicants should indicate whether they have a preference of offense classifications for which they would like to be considered.

A t t o r n e y s f r o m a l l i s l a n d s a r e welcome to apply by submitting a cover letter and resume to:

Judge Shirley M. Kawamura

Criminal Administrative Judge

777 Punchbowl St

Honolulu, HI 96813

Phone: 808-539-4330

Email: 12thDivision 1CC@courts hawaii gov

Grief Support Group

Grief is a universal experience, and we all struggle with it. Sometimes we are unsure if our feelings are unique to us or whether we are justified in feeling them. By sharing our stories in a safe, confidential, and caring environment, we can find strength and additional resources to deal with our loss. The Attorneys and Judges Assistance Program is starting a support group for Hawaii’s attorneys. If you are interested in participating or have any questions, please don’t hesitate to contact Liam at director@hawaiiaap.com or 808-260-6415.

(Continued from

pa ge

44 Interviews with Lawrence C Foster, supra; https://www hawaii edu/about-uh/past-presidents/

45 William S Richardson School of Law Annual Report – 1988 – 1989 at i-v, https://drive google com/drive/folders/1jdjyZW8GUXqpbhDw KjsJsOHj3GIlb-z; May 11, 2023 email from Pat Mau Shimizu, Executive Director of the Hawaii State Bar Association (Richardson Law grads comprise 34% of the practicing lawyers make up 50% of the lawyers working in the Hawaii State gover nment )

46 Hawaii State Bar Association Member Demographics, https://hsba org/images/hsba /Misc/2022%20Bar%20Statistics%20and%2 0Summaries pdf; Hawaii’s Filipino population in 2000, https://hawaii edu/cps/hawaii-filipinos html#:~:text=Taken%20together%2C %20Filipinos%20and%20part-Filipinos%20 constitute%20275%2C728%20or,slightly%20 more%20than%20the%20Hawaiian%20and %20part-Hawaiian%20population; Hawaii State Judiciary, Diversity in the Judiciar y (May 25, 2023), https://www courts state hi us/wpcontent/uploads/2022/06/Judicial-DiversityData pdf

47 William S Richardson School of Law Annual Report

1988

1989 at i-v, supra

admission committee for nine years and served as the law school’s first librarian and later as acting dean of the law school

52 Interviews with Jerry Dupont on April 1, 2023

53 Hawaii State Bar Association Member Demographics, https://hsba.org/images/hsba/Misc/ 2022%20Bar%20Statistics%20and%20Summaries.pdf; May 11, 2023 Email from Pat Mau Shimizu, Executive Director of the Hawaii State Bar Association

54 Hawaii State Judiciary, Diversity in the Judiciar y (May 25, 2023), https://www courts state hi us/wpcontent/uploads/2022/06/Judicial-DiversityData pdf

55 ABA Profile of the Legal Profession 2022, Women in the Le gal Profession, https://www abalegalprofile com/women ph p

56 The Princeton Review, https://www princetonreview com/collegerankings/best-colleges; Richardson Ranked Among Top Law Schools in 2023, https://law hawaii edu/ (Mar 29, 2023)

57 Richardson Ranked Among Top Law Schools in 2023, https://law hawaii edu/ (Feb 6, 2023)

58 CJ’s Address to the First Incoming Class, supra

Notice of Reciprocal Suspension –George M. Allen (#2664)

On Friday, May 26, 2023, the Hawaii Supreme Court entered an order reciprocally suspending Hawaii-licensed attorney George M Allen (Bar No 2664) from the practice of law, based on his earlier twoyear suspension in the State of Colorado [effective June 18, 2021] Allen was suspended in Colorado for failing to communicate the basis or rate of his fee to his client, engaging in representations that constituted conflicts of interest, failing to correct false statements made to a court, failing to disclose material facts in a global settlement, providing imper missible financial assistance to a client, failing to diligently represent a client, initiating a frivolous civil action on behalf of a client, and providing legal representation in a case in which he was likely to be a necessary witness, resulting in violations of Rules 1 3, 1 5(b), 1 7(a)(1) & (2), 1 8(e), 3 1, 3 3(a)(1), and 3 7 of the Colorado Rules of Professional Conduct, which are substantially identical to the Hawaii rules

48 May 11, 2023

Email from Pat Mau Shimizu, Executive Director of the Hawaii State Bar Association

49 Gov John D Waihee III, Lieut Gov James R “Duke” Aiona, Jr , Mayor Kirk W Caldwell, Mayor William P “ Billie” Kenoi, Mayor Richard T Bissen, Jr , Congresswoman Colleen Hanabusa, State Senators Carol Fukunaga, Brian T Taniguchi, Maile S L Shimabukuro and Jarrett K T Keohokalole, Representatives Cynthia H H Thielen, Scott K Saiki, Della Au Belatti, Linda E Ichiyama, Scott Y Nishimoto, Mikah P K Aiu, Er nesto Montemayor “Sonny” Ganaden, Scot P Z Matayoshi, Kristen Briane Kananiuilani Souza, to name a few

50 ABA Profile of the Legal Profession 2022, Women in the Le gal Profession, https://www.abalegalprofile.com/women.ph p.

51 Dupont remained on the law school’s

Gre gor y L. Lui-Kwan is a 1982 g raduate of the William S Richardson School of Law He is a cur rent board member and a past president of the Senior Counsel Division of the Hawaii State Bar Association He has previously ser ved on the Committee on Initiatives to Enhance Civil Justice to the Hawaii Access to Justice Commission and is a past president of the William S. Richardson School of Law Alumni Association

Acknowledgment to Dr Ellen Rae Cachola, the Archives Manager at the University of Hawai‘i School of Law Librar y for archival resource assistance

Mr Allen did not oppose ODC’s Petition for Reciprocal Discipline under Rule 2.15 of the Rules of the Supreme Court of Hawaii, and thus, the Court granted ODC’s petition and ordered Mr Allen suspended for a period of two years, effective from May 26, 2023 The Court further ordered that Mr Allen show proof of payment of any ordered bill of costs, proof of compliance with Colorado’s disciplinary conditions, and reinstatement in Colorado, as conditions of his reinstatement in Hawaii

Allen was admitted to the Hawaii bar on September 26, 1980, and is a graduate of the University of Colorado School of Law

A full copy of the Order of Suspension filed on May 26, 2023 can be found on the Disciplinary Board’s web page of Disciplined Hawaii Attorneys

(https://www.dbhawaii.org/disciplinedhawaii-attorneys) or at this link:

https://dbhawaii org/wp-content/uploads/230526-Order-of-Reciprocal-Supspension-of-George-M -Allen-SCAD-23-0 000182 pdf

AT TO R N EY WA N T E D

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