Hawaii Bar Journal - September

Licensed attorneys and law firms wishing to provide legal services to the County of Maui on a contract basis for the fiscal year commencing July 1, 2023, are invited to submit a letter of interest and statement of qualifications to the Corporation Counsel. A new statement must be submitted pursuant to this Notice for the 2023-2024 fiscal year, even if a statement to the County of Maui was submitted in past.

The County anticipates that it may retain private attorneys or law firms qualified to practice in the following areas of law during the period July 1, 2023 through June 30, 2024

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Attorneys or law firms interested in being retained to provide legal services in these areas or any other area of practice should submit a letter of interest and a statement of qualifications that include the following information:

1. The name, business address, e-mail address, and telephone and fax number(s) of the attorney or law firm.

2. The areas of practice of the attorney or firm.

3. A summary of the attorney's education and experience.

4. The number of years the firm has been in operation; education and experience of the principal attorneys in the firm; summary of number and types of cases or matters worked on and sample listing of clients; and specialty practice units in the firm, if any.

5. A brief description of staff and facilities available to the attorney or firm.

6. The range of hourly rates and type and amounts of costs charged.

7. The jurisdictions in which the attorney is admitted to practice.

8. Any promotional or descriptive literature that the attorney or firm desires to submit.

Only one copy of a submittal is requested.

Letters of interest and statements of qualifications must be postmarked, emailed, or delivered no later than 4:30 p.m., June 30, 2023 to be eligible for consideration for the entire fiscal year commencing July 1, 2023. Letters of interest and statements of qualifications received after this deadline ("late submittal") will be considered for the balance of the fiscal year as follows:

A late submittal received between: Will be considered for the balance of the fiscal year starting:

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October 1 - December 31, 2023January 1, 2024

January 1 - March 31, 2023April 1, 2024

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County of Maui

200 S. High Street

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INTRODUCTION

Part I of Realizing the Dream and Keeping It Alive outlined the vision of the founders of the William S. Richardson School of Law, the law school’s struggles for survival in the early years, and its success in fulfilling its mission over the last 50 years Part II highlights the scholarship and contributions of the law school’s faculty, the achievements of its law students, the innovative programs of the law school, and the significant contributions of its graduates

LAW SCHOOL FACULTY (1973 to 1983)

Realizing the Dream and Keeping It Alive Part II

by Gregory L Lui-Kwan

Richard S. Miller (1973 to 2011, Retired)

In his opening address to the law school’s first incoming class on September 4, 1973, Chief Justice William S Richardson expressed the hope that the law school would “excel,” and that it would not be “run-of-the-mill ” In order to achieve such a lofty goal, the law school would need a faculty with high levels of legal scholarship a n d t e a c h i n g s k i l l s. I f t h e c a l i b e r o f t h e l a w s c h o o l f a c u l t y f e l l s h o r t , s o t o o w o u l d C h i e f Ju s t i c e R i c h a r d s o n ’ s h o p e s and aspirations.1

Fortunately, the law school has been blessed with many outstanding scholars, and highly talented and accomplished faculty members Their collective work over the last 50 years has elevated the stature of the William S Richardson School of Law to where it is today Below are profiles of a few of the long-serving professors from the law school’s first decade

Professor Miller was a founding member of the law faculty hired by Dean David Hood in 1973. Professor Miller’s teaching career began in 1959, having taught at Wayne State University and Ohio State University before coming to Hawai‘i His principal areas of interest were orts, conflict of laws and health inurance Professor Miller also served as Associate Dean (1976 to 1977) and Dean (1981 to 1984) during a critical era in the law school’s struggle for accreditation by the American Bar Association (ABA) which depended on the commitment of the State of Hawai‘i to build the per manent structure of the law school 2 In 1985, Professor Miller was instrumental in securing a United States nfor mation Agency (USIA) Grant or exchange of faculty between the Hiroshima University School of Law and the University of Hawai‘i School of Law (now known as the William S. Richardson School of Law). He was a visiting professor at Hiroshima University in the fall of 1986 and at the Victoria Univerity of Wellington New Zealand) during the spring of 1987. Profesor Miller also disinguished himself as a member of he American Law Institute Id

Addison Bowman 1975 to 1997, Retired)

Professor Bowman taught evidence, criminal aw and criminal

procedure He served as reporter to the Judicial Council Committee that produced the Hawai‘i Rules of Evidence He continues to serve as reporter to the Hawai‘i Supreme Court’s Standing Committee on the Rules of Evidence He authored the Hawai‘i Rules of Evidence Manual, which is a major reference manual used by trial attor neys, now in its 2020-2021 Edition 3

In 1980, Professor Bowman received the University of Hawaii M noa ’ s prestigious Robert W Clopton Award for Distinguished Community Service In 1983, he became the charter recipient of the law school’s Outstanding Professor of Law Award In 2002, he was honored by the Society of American Law Teachers as a founding board member and “visionary activist for equality, access, and diversity throughout law and society.” 4

Jon M. Van Dyke (1976 to 2011, Deceased)

Prior to joining the University of Hawaii law faculty, Professor Van Dyke was a law professor at the Catholic University Law School in Washington, D.C. (1967-1969) and at Hastings College of Law at the University of Califor nia (1971-1976). In the year between teaching at both schools, he served as law clerk to Chief Justice Roger Traynor of the Califor nia Supreme Court from 1969 to1970 5

Professor Van Dyke was an inter nationally recognized scholar in Constitutional Law, Inter national Law, Native Hawaiian Sovereignty, Environmental Law, Inter national Human Rights, and Law of the Sea He won a number of awards for

his teaching skills and community service. 6

In addition to teaching and writing, Proessor Van Dyke erved as the law chool’s Associate Dean of the law chool from 1980 to 1982 He has also erved the University of Hawaii in various oles over the years:

a) as representative on the Law of the Sea Institute’s Execuive Board from 1982 o 1988; (b) teaching courses as an affiliated faculty member of different schools within the University of Hawai’i system including the Spark M Matsunaga Institute or Peace and Conflict Resolution, the School of Pacific and Asian Studies, and the Center for Pacific Island Studies; and (c) as an Adjunct Research Associate or Fellow at the East-West Center. Professor Van Dyke was much sought after as a speaker in conferences on Inter national Law and Law of the Sea in Asia and around the Pacific; and he helped to organize numerous conferences on those areas law here in Hawai’i. 7

Professor Van Dyke authored six books, served as editor for five books, and wrote over 120 articles for various jour nals Shortly after arriving in Hawai’i, Professor Van Dyke began his extensive work with the Native Hawaiian community Among other things, he participated in collaborative efforts to draft such documents as the Office of Hawaiian Affairs (OHA) Draft Blueprint for Native Hawaiian Entitlements in the 1980s He frequently represented OHA in trial and appellate cases One of his publications, T he Political Status of the Native Hawaiian People, was cited in the noted United States Supreme Court opinion Rice v Cayetano, 528 U S 495 (2000) Professor Van Dyke’s book W ho Owns the Crown Lands was published in 2008 and was received with high critical acclaim The issue of who owns the Crown Lands is critical to the ongoing discussion of issues pertaining to Native Hawaiian self-gover nance Id

Professor Van Dyke was a leading scholar and advocate in Inter national Human Rights in the Pacific He helped to develop and disseminate a Model Human Rights Charter for the Pacific Island Region He participated in judicial training seminars for judges in the Federated States of Micronesia, particularly

Above: 1977 Entering Class and Transfers

in Pohnpei and Chuuk. He also worked to prohibit the dumping of radioactive waste in the South Pacific. Id.

U.S. Senator Daniel K. Inouye gave the following tribute to Professor Van Dyke on his passing in 2011:

Jon Van Dyke was a le gal scholar of the first order and a tireless advocate for Native Hawaiian and civil rights. He believed in the preser vation and protection of histor y and culture, and his research and writings have expanded our understanding of the Constitution and helped change, for the better, the laws that gover n our land and sea 8

Williamson B.C. Chang (1976 to Present)

Over the last forty-seven years, Professor Chang has taught courses at the William S. Richardson School of Law in a wide range of areas of law from Native Hawaiian Law and Water Rights, for which he is most well-known, to Business Organizations, Cor porate Taxation, Securities Regulation, and Jurisprudence. He currently teaches Conflict of Laws, Professional Responsibility and Native Hawaiian Sovereignty 9

Professor Chang served as the litigation director of Native Hawaiian Advisory Council, and has led the drive to file some 5,000 claims of Native Hawaiians and small far mers to register their water rights In both 1982 and 1995, he was recognized by the Honolulu City Council for his outstanding community work 10

In the 1980s, Professor Chang was the Reporter for the State Advisory Commission, and he assisted in drafting the Hawai’i State Water Code He has made numerous presentations on water rights to community and cor porate groups and has testified before Committees of the United States Senate and before the Hawai‘i State legislature. Professor Chang also served as the Reporter for the Hawai‘i State Bar Association’s Commission revising the Hawai’i Cor poration Code.11

Besides teaching at the William S. Richardson School of Law, Professor Chang has taught at law schools on the

mainland United States, Japan and Australia. He was a Senior Fulbright Scholar in Australia studying indigenous rights. In the last few years, he has given presentations at a United Nations Non-Gover nmental Organization (NGO) forum in Geneva, at the Smithsonian Museum in Washington D.C., and at Nagoya University in Japan 12

In 2016, Professor Chang was elected as one of forty delegates to draft a constitution for the Native Hawaiian nation In 2017, Professor Chang was recognized as the Native Hawaiian Patriot of the year Professor Chang has written numerous articles on Water Rights, Native Hawaiian Sovereignty and the Akaka Apology Bill 13

Of all his accomplishments, Professor Chang is most proud of his work as a Special Deputy Attor ney General when he represented the Hawai‘i Judiciary against challenges to landmark Hawai‘i Supreme Court decisions during the Richardson era involving water rights,

public access to beaches and the coastline and ownership of new land from lava f lows. 14

Ronald C. Brown (1976 to 2021, Retired)

Professor Brown’s teaching specialties included labor and employment law, employment discrimination law, arbitration, Chinese Law, Asian Inter national and Comparative Labor Law, and United States - China Labor & Employment Law Professor Brown wrote extensively in his areas of specialty including three books, nine chapters in other books and 45 articles In 1994, Professor Brown was acknowledged as the Outstanding Professor of the Year by the law school Id

Professor Brown’s resume was national and inter national in scope: (a) Foreign Advisor to Peking University Research Institute of Labor Law and Social Security (1998 to present); (b) University of Hawaii’s Director of the Center for Chinese Studies from 2000-2006; (c)

Executive Board Member, Inter national Society for Labor and Social Security (2005-2014); (d) Fellow at New York University Law School (2012); (e) Senior Fellow University of Melbour ne Law School (2014); (f) Editorial Board Member, International Labor Rights Case Law (ILaRC), The Hague Institute for Global Justice (2015); (g) Board of Directors European-China Law Society (2017); (h) Consultant with the World Bank; (i) Lecturer throughout Asia on comparative labor law topics; (j) Visiting Professor at Beijing University Law School (BEIDA) teaching U S -China Comparative Labor Law; (k) Foreign Advisor to BEIDA on graduate law programs; and (l) Editorial Board Member on the Hague Institute for Global Justice, Inter national Labor Rights Case Law Jour nal Id

Professor Brown has conducted legal exchange and inter national training programs for Chinese lawyers, judges, law drafters, and prosecutors under arrangements with the key gover nment legal

agencies. In 2004-2005, Professor Brown was a Fulbright Distinguished Scholar teaching U.S. and Chinese Labor & Employment law at both Peking University Law School and Tsinghua University Law School. Id.

David L. Callies (1977 to 2023, Retired)

Professor Callies was the Benjamin A Kudo Professor of Law Emeritus at the law school He is a nationally recognized expert and scholar, and has taught in the areas of Land Use, Real Property and State and Local Gover nment Prior to coming to Hawai‘i, he practiced local gover nment and land use law with the fir m of Ross & Hardies of Chicago during which time he also taught as an adjunct professor at the University of Wisconsin-Milwaukee’s School of Architecture and Urban Planning and served as an Assistant State’s Attor ney He is a past Foreign Fellow and present Life Member of Clare Hall, Cambridge

University. 15

Professor Callies has delivered endowed lectures at Albany Law School and at John Marshall Law School (Chicago) and is a regular lecturer at the annual conferences of the American Planning

Professor Callies was recognized as the Outstanding Professor of the Year in 1990, 1991 and 2008 by the William S Richardson School of Law In 2009, he was awarded the Regents’ Medal for Excellence in Teaching 17

Professor Callies has written 21 books and over 100 book chapters and articles on Land Use, Sustainable Development, Taking of Land, Vested Rights, Land Use Regulation, and on the Public Trust Doctrine Id

Professor Callies has held a number of distinguished positions, both locally

and nationally, in his areas of specialty: (a) Past Chair of the Real Property and Financial Services Section of the Hawai‘i State Bar Association; (b) Past Chair of the American Bar Association Section of State and Local Gover nment Law and the Recipient of its Lifetime Achievement Award in 2006; (c) Past Chair, Section of State and Local Gover nment Law, the American Association of Law Schools; (d) Past Chair, Academics Forum, and member of Council, Asia Pacific Forum, of the Inter national Bar Association; (e) Member of the American Law Institute (ALI) where, since 2015, he has been an advisor to its Restatement of the Law, 4th, Property Project; (f) Member of the College of Fellows of the American Institute of Certified Planners (FAICP); (g) Member and Past Regional Vice-President of Lambda Alpha Inter national (LAI) (a national land economics honorary), twice recipient of its National Member of the Year Award; (h) Co-Editor of the Annual Land Use and Environmental

Law Revie w (with J.B. Ruhl); and (i) Past President and a Board Member of the Social Science Association of Honolulu. Id. Professor Callies has been recognized nationally several times for his lifetime contributions to the Law of Property Rights. In 2015, the Owners’ Counsel of America awarded him its Crystal Eagle Award. In 2017, William & Mary Law School awarded him the Brigham-Kanner Property Rights Prize. Id

John L. Barkai (1978 to Present)

Prior to coming to Hawai‘i in 1978, Professor Barkai was a tenured law professor at Wayne State University Law School (1973-1978) At the William S Richardson School of Law, he teaches Evidence, Alter native Dispute Resolution (ADR), and the Prosecution Clinic Since 1985, he has also taught courses on inter national negotiation and conflict resolution at the University of Hawai’i (UH) Shidler College of Business Professor Barkai has served as a member of the Hawai’i Supreme Court’s Standing Committee on the Rules of Evidence since 1993 18

In 1979, Professor Barkai was a member of the first group of mediators trained at the Neighborhood Justice Center of Honolulu (now called Mediation Center of the Pacific (MCP) Thus began a career leading to several State and national ADR leadership positions: (a) For mer Chair and Co-Chair of the Alter native Dispute Resolution (ADR) Section of the Hawaii State

Bar Association (for 10 years); (b) Past President and Board Member of the Board of Directors of the MCP of Honolulu; (c) Founding Member of the University of Hawaii’s Program on Conflict Resolution (1986); and (d) For mer Chair of the ADR Section of the Association of American Law Schools. Id.

From his home base at the William S. Richardson School of Law in Honolulu, Professor Barkai has established an astonishing global reputation as an ADR consultant and lecturer. He has been an ADR Consultant to: (a) the Hawai`i State Judiciary, (b) the Supreme Court of the Federated States of Micronesia, (c) the State Court of Kosrae, (d) the Minister of Justice for Papua New Guinea, (e) the Judiciary of the Republic of the Marshall Islands, (f) the Pacific Judicial Council, and (g) the Minister of Justice for Papua New Guinea Id

He has taught Negotiation and ADR courses at (a) Pepperdine Caruso School of Law, (b) Ohio State University Moritz College of Law, (c) University of Idaho College of Law, and (d) Mitchell Hamline School of Law, (e) Shinshu University (Japan), (f) Central European University (Hungary), (g) Helsinki School of Economics and Business (Finland), (h) La Trobe Law School (Australia), and elsewhere in Canada, England, Korea, Malaysia, Netherlands, Russia, and Taiwan In 1992 to 1993, he was a Visiting Senior Scholar at the City University of Hong Kong In 2000, he served as the United States Representative to the Asia-Pacific Economic Cooperation (APEC) ADR in the Executive Education Project In 2008, 2010, 2012 and in 2014, he held seven-day Mediaion Workshops for 3050 Judges from the Kingdom of Thailand n Honolulu. Id. Professor Barkai has published over one hundred evidence handbooks, including books for all fifty states, as well as affiliated disricts and territories, en Pacific Island countries, fourteen Asian countries, and other jurisdictions, as well as a mediation communication book Id Professor Barkai was chosen as he Outstanding Proessor of the Year by he faculty and Students at the William S

Richardson School of Law in 1992 and 2006. In 2007, Professor Barkai was awarded the Regents’ Medal for Excellence Teaching. Id.

Randall W. Roth (1983 to 2017, Retired)

Professor of Law

Emeritus Randall L. Roth joined the law school faculty in 1983 after a one-semester visit a year earlier. He taught Tax Law, Trusts and Estates. Before coming to Hawai’i, he taught at Hamline University in St Paul, Minnesota, for one year in 1978, and then was on the law faculty at Washbur n University in Topeka, Kansas, for three and a half years During his tenure at William S Richardson School of Law, he spent a semester as a visiting professor at both the University of Wisconsin and the University of Chicago 19

Professor Roth’s professional accomplishments include serving as: (a) President of the Hawai‘i State Bar Association, (b) President of the Hawai‘i Justice Foundation, (c) (Hawai‘i Institute for Continuing Legal Education, (d) Co-Director of the Hawai’i Innocence Project, and (e) Associate Reporter for the Restatement of the Law (Third) Trusts project of the American Law Institute Id

Professor Roth was named Outstanding Professor of the Year in 1987 and again in 2010 by the law school’s faculty and s t u d e n t s H e r e c e i ve d t h e p r e s t i g i o u s Ro b e r t W C l o p t o n Aw a r d f o r O u t s t a n d i n g S e r v i c e t o t h e C o m mu n i t y i n 1 9 9 8 H e w a s a w a r d e d t h e Re g e n t s ’ M e d a l f o r E x c e l l e n c e i n Te a c h i n g i n 2 0 1 0 I d .

While Professor Roth has won a number of teaching awards, his greatest public acclaim came as the author of several bestselling books. Professor Roth co-authored and edited T he Price of Paradise: Luck y We Live Hawaii, Volumes I and II (1992 and 1993) which detailed inequities in the law and practices in Hawai‘i. Both volumes were bestsellers. His 1993 work was a Finalist for Excellence in Non-Fiction Writing Award from Hawaii Book Publishers Association in 1994. Id.

Small Business Hawaii named Professor Roth Civic Leader of the Year in 1993 and again in 1997 Morehouse College presented him with the Gandhi, King, Ikeda Award for pursuit of social justice in 2009 In 2000, the Honolulu Star-Bulletin included him on its list of 100 W ho Made a Difference in Hawai‘i During the Twentieth Centur y, and in 2005 the City of Honolulu’s Centennial Celebration Committee put him on its list of “100 W ho Made Lasting Contributions During the City of Honolulu’s First 100 Years Id

In addition to the above honors, Professor Roth was named: (a) Inter national Member of the Year (1995) by Lambda Alpha Inter national, (b) Communicator of the Year (1995) by the Hawai‘i Chapter of the Inter national Association of Business Communicators, and (c) he has received the Hawai‘i Press Club’s Newsmaker Award (2004), (d) Hawai‘i Pacific University’s Fellow of the Pacific Award (2004), and (e) Grassroot Institute’s George Washington Award for Civic Engagement (2006) Id

In 2006, Professor Roth, along with Judge Samuel P. King, authored Broken Tr ust: Greed, Mismanagement, and Political Manipulation at America’s Largest Charitable Tr ust. That book scrutinized the breach of the trust obligations by for mer Bishop Estate trustees. The Broken Trust essay was included on Honolulu Magazine’s list of 50 “tur ning points” in Hawaii’s history since Statehood (2009) and the University of Hawai‘i Malamalama list of 100 ways the University of Hawai‘i has made a difference during its first 100 years (2008) The ABA Banking Jour nal included Broken Tr ust on its list of Books Bankers Live By (2009) Id

In a recent Honolulu Star-Advertiser article, Professor Roth continues to voice his concer n about public corruption in Hawaii which he describes as “glaring, deep-rooted and systemic ” He pointed to recent examples of unethical, corrupt and criminal conduct by legislators, prosecutors, police officers, a chief-of-police, building inspectors, an affordable housing official, an environmental management director, a County Managing Director, County Cor poration Counsel and a police commission chair person Professor Roth pointed out several recent instances where investigators seeking to look into suspected criminal wrongdoing were ter minated summarily for no reason Professor Roth encouraged state and local authorities to recruit more “establishment outsiders” to serve as watchdogs 20

INNOVATIVE PROGRAMS

Pre-Admission Prog ram / Ulu Lehua Scholars

Prog ram – Greater Opportunities for Legal Education, Service to Underrepresented Communities and Diversity

The law school’s Pre-Admission Program (Pre-Ad Program), now known as the Ulu Lehua Scholars Program, was founded in 1974 by the inter nationally renowned civil rights attor ney and distinguished educator, George M. Johnson. Professor Johnson participated in civil rights cases that culminated in the historic United States Supreme Court decision in Brown v. Board of Education, 347 U.S. 483 (1954). He also served as Dean of the Howard University School of Law 21

For nearly 50 years, the Ulu Lehua Scholars Program has provided opportunities for a Juris Doctor degree to over 400 students who have demonstrated their academic potential, leadership ability, and commitment to social justice The following factors are considered for admissions to the Ulu Lehua Scholars Program: (a) a strong commitment to social justice, the public interest, and service to legally, socially and economically disadvantaged communities; (b) a record of overcoming adversities;

(c) the ability to serve as a role model for a mentor to members of legally underserved and economically disadvantaged communities; (d) the ability to bring distinctive viewpoints and life experiences to the law school community; and (e) educational and other achievements suggesting the applicant’s ability to succeed in law school is inadequately reflected by numerical admissions indicators Ulu Lehua Scholars have been successful in becoming

law review editors, national moot court championship team members, student body association presidents and vice presidents, community activists, high profile lawyers, judges and law professors. 22

The goal of the Ulu Lehua Scholars Program is to bring into the law school and into the Hawai’i Bar, the diverse life experiences and perspectives of the 12 students selected per year As Chris Iijima, the late director of the Ulu Lehua Scholars Program, aptly stated: “The effectiveness of the justice system depends ultimately on whether people believe that the justice system serves and reflects them We want lawyers who are smart and effective motivated by a sense of social justice ” 23

One recent Ulu Lehua scholar grew up on a small kalo (taro) far m on the island of Maui where she witnessed firsthand the detrimental effects of water diversion from her family’s lo’i At age 11, she encountered a young lawyer who fought for the protection of that limited natural resource That encounter inspired her to ear n her undergraduate degree in environmental studies and to later apply to law school. At the William S. Richardson School of Law, she worked closely with Professor Kapua Sproat (law class of 1998) who was the lawyer who originally inspired her when she was a young girl. The recent Ulu Lehua Scholar has retur ned to Maui where she now works to preserve and protect water rights for agricultural lands 24

A Hilo native, Kanoelani Pu’uohau, was admitted as an Ulu Lehua Scholar She later took advantage of the law school’s dual degree program with the University of Hawai’i Shidler School of Business, ear ning her JD and Master’s in Business Administration (MBA) While in law school, Pu’uohau concentrated on environmental law and Native Hawaiian law For the last six years, Pu’uohau has worked for Kamehameha Schools (KS) as a Planning and Development Manager in i t s C o m m e rc i a l Re a l E s t a t e G ro u p I n t h a t p o s i t i o n , s h e i s r e s p o n s i b l e f o r a dv a n c i n g K S ’ s s t r a t e g i c p r i o r i t i e s a n d

commitment to Hawaiian culture, environmental stewardship and sustainability, educational opportunities, and support of community needs throughout its commercial portfolio. 25 Pu’uohau credits her career success in large part to the community of mentors she had at the William S. Richardson School of Law. 26 Pu’uohau is the first member of her family to become a lawyer Her career success has inspired her teenage daughter to consider a career in law 27

K a Huli Ao Center for Excellence in Native Hawaiian Law

Ka Huli Ao was established in 2005 The program offers courses and promotes research and scholarship on the unique aspects of Native Hawaiian and Indigenous Law and supports law students as they pursue legal careers in those area The program now offers a Native Hawaiian Law Certificate 28

Derek H Kauanoe (Class of 2008) is an Assistant Professor of Law teaching Native American (Indian) Law at the William S Richardson School of Law He has this to say about the importance of the Ka Huli Ao program at the William S. Richardson School of Law:

As the only law school in Hawaii, the William S Richardson School of Law is absolutely critical in the ongoing effort to incor porate the lessons and experiences of indigenous people in North America and the Pacific to us locally, on indigenous self-determination, self-gover nance, and even environmental issues 29

Prior to retur ning to teach at the William S Richardson School of Law in the fall of 2022, Professor Kauanoe studied Indigenous Peoples Law and Policy at the University of Arizona. In the course of his studies, he met law students and lawyers from Nigeria, Zimbabwe, India, Pakistan, Aotearoa (New Zealand), the First Nations from Canada and Colombia. He lear ned how indigenous peoples are shaping domestic law and policy in their national and state gover nments.

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That experience has been hugely infor mative of how he teaches federal Indian law at the law school. Id. If it were not for the William S. Richardson School of Law, and for educators such as Professor Kauanoe, Native Hawaiians would not have the opportunity to lear n from other indigenous peoples, the lessons of which may shed some light on the way forward on the issues of Hawaiian Sovereignty and other concer ns of Native Hawaiians

LAW STUDENT ACHIEVEMENTS Law Review and Moot Court Competitions

The University of Hawai’i Law Review was founded in 1979, and every year since then has produced scholarly work addressing legal issues pertinent to the State of Hawai’i, the Pacific Island Nations and the world 30

In January 1981, the University of Hawai’i School of Law sent its first moot court team to the National Moot Court Competition in San Francisco, Califor nia That first outing did not meet with any remarkable success 31 However, in the years that followed, the law school’s perfor mance often resulted in first place and runner-up finishes regional, national and inter national competitions.32

In 1993, the law school’s Jessup Inter national Moot Court Competition team won the regional competition, the national competition (beating more than 140 law schools in the United States) and placing second in the world (among over 240 schools worldwide) David P McCauley won the prize for the top oralist in the world 33

In 1995, the law school’s moot court team placed first and third in the national Native American Mood Court Competition Id In 2003, law school’s Inter national Environmental Moot Court team took first place in United States and came in second in the world Id In 2007, the law school’s moot court team again won first place in the national Native American Mood Court Competition Id

t h e regional competition two times and ear ned runner-up honors two times. 34

CONTRIBUTIONS AND INFLUENCE OF RICHARDSON GRADUATES

Civic Leadership

At the September 4, 1973 opening of the law school, Chief Justice William S Richardson addressed the first incoming class He pointed out that historically many of Hawaii’s leaders and policymakers had law degrees, and that as lawyers, judges, law makers and civil servants, they would be instrumental in shaping Hawaii’s future 35

In the audience was 27-year-old John D Waihe’e III He was one of the 53 students selected to enter the law school in its first class Waihee recalls that he and his classmates were imbued with a sense of mission instilled by the admonitions of Chief Justice Richardson Waihee recalls that many of his classmates came from public service backgrounds, and that several had worked at the State Legislature 36

Community service and public interest have always been a part of the law school’s admissions criteria. John Waihe’e’s background exemplifies that tradition. Waihee was raised in Ahualoa, a rural agricultural community straddling the sugar cane plantation fields of Honokaa and the cattle ranch lands of Waimea on Hawai’i Island. Id

John Waihe’e was bor n into a Native Hawaiian family in which concer ns about the long wait for awards of Hawaiian Home Lands and other issues affecting Native Hawaiians were frequently discussed He lear ned from a young age that addressing these issues required the involvement of lawyers Waihe’e decided then that he would at some point in his life become a lawyer He attended college in Michigan where he studied urban planning as an undergraduate and in graduate school Id

While attending college, Waihe’e engaged in student activism and community organizing Based largely on that back-

ground, he was offered a high-paying job as director of affir mative action for a large national cor poration. Waihe’e realized that if he took that job, he and his young family would likely never retur n to Hawaii to live. Instead, he decided to retur n home with no job prospects in sight. Waihe’e eventually obtained a position in Kalihi-Palama with Model Cities, a federal program designed to provide services to low-income communities Id

Although Waihe’e had been accepted to attend law school at Georgetown, he opted instead to apply for admission to the University of Hawai’i School of Law Following his graduation from law school, Waihe’e entered into a long career of public service which included his serving as a delegate to the 1978 Hawai’i Constitutional Convention where he was instrumental in the creation of the Office of Hawaiian Affairs Later in his career, he was appointed by Gov Neil Abercrombie to the Hawaiian Roll Commission which is now known as Kana’iolowalu Id

Waihe’e was elected to the Hawai’i State House of Representatives, served as lieutenant gover nor under Gover nor George Ariyoshi and became the fourth gover nor of the State of Hawai’i (1986 to 1994). John Waihe’e was the first Native Hawaiian to serve as gover nor of any state in the country. Waihe’e continues his involvement in civic affairs pertaining to Hawaiian Sovereignty and the future of Hawai’i Id

Career-Long Service to the Federated States of Micronesia

Dennis K Yamase (Class of 1982) became the first student from the William S Richardson School of Law to serve as a legal exter n to the Supreme Court of the Federated States of Micronesia (FSM) and the FSM National Congress That was the beginning of what would become a forty-years long career, serving in many high-level positions in the gover nments of the Republic of Palau (ROP), the Federated States of Micronesia and the Commonwealth of the Norther n

Mariana Islands (CNMI). 37

Yamase played a leadership role in the 1990 FSM Constitutional Convention and helped write the first amendments to the FSM constitution that was ratified in 1978. He drafted numerous revisions of laws of the FSM and the various States which resulted in codification of the various bodies of law in Micronesia He designed and built the FSM Legal Information System (FSM LIS) website which provides free public access to constitutions, codes, court decisions, rules and other legal infor mation Yamase also drafted laws gover ning the conduct of elections Id

Yamase was a nation builder who was charged with implementing the Compact of Free Association (COFA) with the United States at a critical time when the FSM was being brought into the inter national community of nations That process required resolution of many novel and unprecedented legal issues Id

In 2002, Yamase was confir med as an Associate Justice of the Supreme Court of the Federated States of Micronesia. He thus became the first alumnus of William S. Richardson School of Law to serve as a Supreme Court Justice in any jurisdiction. In 2015, Yamase was appointed Chief Justice of the Supreme Court of the Federated States of Micronesia, again another first for any alumnus from the law school. He retired from that position in 2021; and retur ned to Hawaii with his wife, Bebe and his family Id

Yamase’s contributions to the people of Micronesia will be long-lasting They reflect favorably not only on the caliber of legal scholarship, but also to the law school’s commitment to serving to the peoples of the Pacific

Protecting the Interests of Youngsters in the Family Court

Laurie A Tochiki (Class of 1980) has been a leader in implementing changes in the family court designed to improve the protection of youngsters. In 1994, after 1

became an Assistant Professor at the law school where she established the Family Law Clinic. In 1995, she collaborated with Stephanie Rezents (Class of 1977) and Family Court Judge Evelyn Lance to establish Kids First, a divorce education program on O‘ahu. Kids First has two simultaneous parts, the adult section helps parents going through a divorce action understand how children are affected by divorce and gives parents skills and knowledge to help them support their children through the process At the same time children participate in activities that help them understand that they are not alone, that divorce is not their fault, and helps them cope with the changes in their family In 1996, Tochiki and Arlynna Livingston created the ‘Ohana Conferencing model which brings family and service providers into the decision-making process in child welfare cases ‘Ohana Conferencing was established as a collaboration between the

family court and the Department of Human Services Tochiki is currently Executive Director of EPIC ‘Ohana (Effective Planning and Innovate Communication). In addition to services like ‘Ohana Conferencing, Youth Circles, Family Finding and Family Wrap

Hawai‘i, EPIC ‘Ohana is the lead agency in a network of 30 organizations and individuals called Na Kama a Haloa That network was for med to improve the outcomes for Native Hawaiian children in the child welfare system One project in that network, Malama ‘Ohana, is a working g roup which convenes listening sessions and develops proposals Tochiki is a co-chair of Malama ‘Ohana EPIC ‘Ohana also has several initiatives including HI HOPES, a youth leadership board that promotes financial literacy training for current and for mer foster youth HI HOPES helped to extend the foster care

(Continued on pa ge 26)

HSBA BOARD 2023 CANDIDATES

Biog raphies of the candidates in the election for the 2024 HSBA Board follo w. Ballots will be distributed in earl y-mid Se ptember, and election results will be announced at the virtual Annual Meeting at the Bar Convention on October 17, 2023

VICE PRESIDENT CANDIDATES

Mark K. Murakami

H av i n g s e r ve d a s a n O a h u D i r e c t o r o f t h e HSBA for 9 years, I have decided to run for the Office of Vice President for 2024 I am a strong candidate who understands HSBA’s strengths and weaknesses; where it does an excellent job and where it can improve – for you, our members.

The HSBA has strong CLE programs and robust Practice Area Sections, as well as active issue focused committees such as the Well Being Committee. However, communication with Members continues to be a challenge, and the HSBA needs to do a better job in engaging with our younger Members.

In my personal view it is healthy for any organization such as the HSBA to balance the need for institutional memory with the need for new perspectives that only a new member to the HSBA Board can bring Vacating my Oahu Director’s seat and running for Vice President allows for institutional memory and new perspectives

Currently, I am a Co-Chair of the HSBA’s Strategic Planning Committee, which is focused on strengthening the HSBA, making it more relevant to you and your legal practice, and taking advantage of the opportunities of a changing legal landscape The planning process is a proactive and thoughtful way to meet these transitional challenges, as compared to a reactive backward-looking approach If elected as Vice President, I hope to continue to serve the HSBA on the Strategic Planning Committee so that I can not only be a part of shaping the Strategic Plan, but also tasked with implementing the Strategic Plan after it is adopted by the HSBA Board

If elected, it would be a great honor to follow the many great lawyers who have held this position before Our current President, Rhonda Griswold, and previous Presidents, Shannon Sheldon, Derek Kobayashi, and Howard Luke, are among many who come to mind Each of these individuals brought their own perspectives to the role of HSBA President. Ms. Griswold is focusing on attor ney well-being, Ms. Sheldon focused on diversity, equity, and inclusion, and Mr. Kobayashi focused on access to justice. Mr. Luke made sure that all types of practitioners, from solo and criminal defense to gover nment and commercial practitioners, were represented and heard. I admire all of them.

I will focus on maintaining a strong and independent Judiciary. I will also focus on the issues raised by the transition that the HSBA Membership is undergoing – from the Baby Boomer generation who are continuing to retire to the Gen-X, Millennials, Generation Z, and beyond

If elected, continuing the focus on ethics in our profession, and providing competent and cost-effective representation to all sectors of our community will be top of mind for me and for your HSBA representatives

Please vote in the HSBA election, and when you do, I humbly ask that you vote for Mark K Murakami for the Office of Vice President for 2024 Thank you

Mark Valencia

Leadership. Some are bor n leaders. Some have ambitions of becoming a leader. Some are reluctant leaders. I am definitely in the latter category. Although I often find myself in leadership positions, I almost never pursue those opportunities But they somehow find me And I accept those responsibilities, often reluctantly, because I do not look in the mirror and see a bor n leader Nor do I have any desire to be in positions of authority I actively shun the spotlight

But here I am, actively pursuing a leadership position with my fellow barristers

My work with the Bar includes serving on the HSBA Nominating Committee since 2021 and as an HSBA Director since 2022

This is part of my public service I inherited the heart of a p u b l i c s e r v a n t f ro m my i m m i g r a n t p a r e n t s I w a t c h e d a n d l e a r n e d a s t h ey d e vo t e d s u b s t a n t i a l p o r t i o n s o f t h e i r l i ve s s e r v i n g o t h e r s

This blueprint led me to join the Ar my Reserve, where I currently serve as an officer in the JAG Cor ps It led me to serve as a volunteer reader for elementary school kids, primarily in Waianae, for over 25 years It led me to ag ree, when asked, to be a Commissioner on the Hawaii Civil Rights Commission for six years.

As a leader, I bring my greatest skill to the table: listening. I listen. I try to understand. I try to improve any organization I have the pleasure of working with. This includes my amazing law fir m, where I have worked for the last 18 years, 16 of which as a director. My work has resulted in being ranked as one of Hawaii’s top litigators by Chambers and Partners from 2014 through 2023.

I spend a considerable amount of time mentoring the young lawyers in my office I try to impart the wisdom I have gained from 27 years in the trenches But that wisdom stems largely from modeling the incredible lawyers who mentored me I may be the only lawyer in Hawaii who had the privilege of working for the late Frank Damon, the late Dan Case, and the Honorable Walter Kirimitsu; all pillars of the community and true gentlemen In particular, my clerkship with Judge Kirimitsu for med the foundation of how I conduct myself as a fiduciary, officer of the court, and mentor Working and lear ning from Judge Kirimitsu stands as one of the greatest periods of my life

I will bring that experience to the HSBA as your Vice-President I do not have an agenda I do not seek to radically transfor m our organization If elected, I will attempt to continue the historical trend of terrific leaders we have produced I do intend to continue my work within the HSBA to improve how we vet and qualify judges, but my overall goal will be to do what is in the best interests of the Hawaii Bar If provided with that opportunity, you will have a leader who is honest, sincere, hardworking, and who always tries to do the right thing

TREASURER CANDIDATE

Lanson Kupau

Admitted to HSBA

1992 Served as Family and District Court judge, witnessed first-hand the dedication and compassion that the Judiciary staff/judges place in each matter before them. Previously worked with very talented attor neys and staff at the Public Defender’s Office, Reinwald O’Connor & Playdon, Kobayashi Sugita & Goda, Rush Moore Currently, board of director of Hale Kipa and Damien Memorial School; avid volunteer at nonprofit organizations Partner of Bronster Fujichaku Robbins with a focus on civil litigation If elected, I will do my best to uphold the standards of the HSBA and the honored members who have served before me

SECRETARY CANDIDATE

Kristin Izumi-Nitao

I am the Executive Director of the Campaign Spending Commission

Previously, I worked at the Attor ney General’s Office in the Administration Division advising the Employees’ Retirement System and in the Criminal Justice Division as the administrator for the Inter net Crimes Against Children Task Force I was also a deputy prosecutor and a law clerk for the Supreme Court Chief Justice and a circuit court judge I am a graduate of Punahou School, Wellesley College, and Santa Clara University School of Law I am active in the community and would like the opportunity to serve as Secretary on the HSBA Board

HSBA/ABA DELEGATE CANDIDATE

Leslie Hayashi

I am completing my second ter m as the HSBA’s representative to the House of Delegates and would be honored to continue serving the HSBA members. I have been involved with the ABA since the 1980s, starting with the ABA-YLD and then the Judicial Division I currently serve on the Center for Innovation Council, which focuses on ways to improve the delivery of legal services through innovation, education and collaboration I have also recently been appointed to the Fund for Justice and Education Through my appointments, I have developed personal relationships with the ABA leadership and its sections and divisions.

BOARD OF DIRECTOR – KAUAI

Emiko Meyers

I have practiced on Kauai for my entire legal career. I have served twice as the KBA bar president as well as completed one ter m as the HSBA Kauai Director. I am involved on other boards and community groups here on Kauai I try to ensure that the neighbor island legal community is given voice by participating in decision making that affects all attor neys in Hawaii

BOARD OF DIRECTOR – WEST

HAWAII

Carol Kitaoka

I am the HSBA Director for West Hawaii (2006present); West Hawaii Bar Association Member (1995present; President 20032005); HSBA Civic Education Committee member (2011-present); Hawaii State Bar Foundation Director (2017-present)

Currently the issue for the many solo practitioners in West Hawaii is succession planning for your practice. There are plans for CLE classes, an eviction crisis and housing stability project, and community outreach with Civic Education programs highlighting the fiftieth anniversary of Title IX. I will continue to bring these CLE classes and ethics trainings to West Hawaii attor neys, and to promote civic education Thank you for your continued support.

BOARD OF DIRECTOR – OAHU

Amanda Jones

I am a litigation partner at Cades Schutte LLP where I focus on employment and school law issues, as part of my broader commercial litigation practice. I also serve on the fir m ’ s management committee Since being admitted to the Hawaii bar in 2007, I served for three years as an officer of the HSBA Labor and Employment Section I enjoyed getting to know other members of the bar through work on that section and would be honored to serve on the HSBA Board

Jessica Domingo

D e p u t y P u b l i c Defender, Office of the Public Defender Oahu Director, HSBA Board Past President, Hawaii Filipino Lawyers Association 2016 HSBA Leadership Institute Fellow. My time on the HSBA Board has strengthened my commitment to give back to the legal profession and provide access to legal services for the community Through my experiences I have gained valuable skills in communication and advocacy I hope to continue to serve as a representative on the HSBA Board as an Oahu Director so that I may continue to bring a gover nment attor ney ’ s perspective to help the HSBA, the attorneys, and the community we serve

Jocelyn Chong

As a government attorney since 2010, I highly value civic engagement and have strongly supported HSBA’s efforts in this area

I c u r r e n t l y s e r ve i n t h e Department of the Navy, Office of General Counsel and teach legal writing and ERISA at Richardson. Previously, I was a Deputy Attor ney General and clerked for Associate Justice

Sabrina McKenna and U S District Judge Jill Otake, in addition to federal judges on the continent. I continue to vo l u n t e e r w i t h t h e H S BA A p p e l l at e S e c t i o n , A m e r i c a n Ju d i c at u re S o c i e t y, a n d N i n t h C i rc u i t C i v i c s C o n t e s t P rog r a m B e fo re t h e l aw, I t a u g h t s e c o n da r y s ch o o l a n d wo rk e d at a n e d u c at i o n a l n o t - fo r- p ro f i t

Robert Miyashita

Robert S. Miyashita, founding partner at Miyashita & O’Steen, LLLC, specializes in wrongful death and catastrophic injury cases

Robert is admitted in Hawai‘i and F lorida and has 17 years of legal experience working in private fir ms both for the plaintiff and defense, inhouse for an insurance company, U S Attor ney ’ s Office, and courts of all levels Robert has gained significant experience in a wide range of legal areas representing both plaintiffs and defendants, people of all ages and demog raphics, and businesses Through his experience and dedication to the Hawai‘i Bar, he believes he can provide a benefit as a board member

Simeona Mariano

I am asking for your vote for Oahu Director because I want to help HSBA improve the legal profession, meet members’ needs and foster member involvement with community projects and bar events. Currently, I am a deputy with the Attor ney General’s Family Law Division and I am on the HSBA Judicial Administration Committee and the Hawaii Access to Justice Commission. I really enjoy the collaborative work I’ve done with these organizations, including wo rk i n g w i t h t h e C o u r t s i n t h e C o mmu n i t y, Fa m i l y C o u r t ’ s Te e n D ay a n d t h e U H m e n t o r s h i p p ro g r a m . I p ro mi s e t o wo rk h a rd fo r yo u i f g i ve n t h e o p p o r tunity!

Federal

District Court Recognizes 2023 Civics Contest Winners

by Steven K Uejio

United States District Judge Jill Otake recognized four distinguished high school students for their winning essay and video submissions in the 2023 United States District Court for the District of Hawaii’s Civics Contest during a ceremony at the federal courthouse in July The district’s top three essays were written by Kainoa Kelly (‘Iolani School, “Limiting Presidential Pardon Power”), Atticus Gifford (Punahou School, “Crossing the Drawn Line: The End of Gerrymandering”), and Liam Hutchison (Punahou School, “The Evil Gerrymander and America’s United Response”)

The first-place video was produced by Teah Simon (‘Iolani School, “We the People Amendment”). The four winners ’ entries all advanced for consideration at the circuit level, where Hutchison’s essay was selected as the overall winner in the essay category, and Simon’s video was a top-ten finalist in the video category. At the district level, the winners received $1,000, $500, and $250, respectively, and Hutchison collected an additional $3,000 for winning at the circuit level.

The Contest

For eight years, the Ninth Circuit has organized a civics contest for high school students in nine wester n states and two Pacific Island jurisdictions. The contest is sponsored by the Ninth Circuit’s Public Infor mation and Community Outreach Committee (PICO), the Court of A ppeals for the Ninth Circuit, and federal district courts throughout the circuit. Judge John Kronstadt, PICO’s chair, stated in a news release that the contest “provides a unique opportunity for [students] to lear n about how our Constitution works, and the essential role of citizens in our democracy. ” The contest is a “ g reat way for

[students] to apply their textbook lear ning to real-life questions about democracy and citizenship,” according to Dr Melissa Perkins, an ‘Iolani School history teacher

Past contest prompts have asked students to consider the Supreme Court’s decision in Miranda, the relevance today of Japanese inter nment during World War II, the meaning of equal protection to students, and the scope of the Fourth Amendment’s prohibition against unreasonable searches and seizures in the digital age. The theme of this year ’ s contest was “The 28th Amendment to the United States Constitution: What Should Our Next Amendment Be?”

The Next Constitutional Amendment

Since 1789, approximately 12,000 amendments to the Constitution have been proposed in Cong ress These proposals have suggested eliminating ter m limits for presidents, abandoning the electoral college, abolishing the federal income tax, requiring a balanced federal budget, and renaming the United States of America to the “United States of the Earth ” Cong ress has submitted only thirty-three of these proposed amendments to the states for ratification, and the states have ratified twenty-seven of them, making these amendments part of the Constitution. The most recent amendment, the Twenty-seventh Amendment, was ratified in 1992, more than two hundred years after it was initially proposed. That amendment prohibits Cong ress from passing any law that changes the salaries of its members until after an intervening cong ressional election.

This year ’ s contest asked students to identify what ought to be the next constitutional amendment Students were instructed to support their proposal with legal or historical examples and to describe how they would secure ratification

for their amendment

This Year’s Winners

A five-person panel of judges (Judge Otake, Major General Robert G F Lee (ret.), Dr. Ligaya Stice, Jocelyn Chong, and Steven Uejio) blindly g raded and selected the district’s winning entries from more than sixty submissions across the essay and video categories

In his winning essay, Kainoa Kelly proposed a constitutional amendment requiring Senate consent for all presidential pardons Currently, the Constitution gives the President alone the power to pardon all federal offenses, except in cases of impeachment Kelly explained that Senate consent should be required for presidential pardons because of the “ many recent examples in which presidents from both political parties abused [the] pardoning authority and rewarded criminal misconduct by friends and political allies ” While recognizing that ratification of any amendment would be difficult, Kelly observed that his amendment “would help restore faith in our gover nment by affir ming that no one is above the law.”

In her first-place video entry, Teah Simon endorsed the “We the People Amendment ” This amendment is based on the first three words of the Constitution’s Preamble, and it would state, among other things, that constitutional rights are for natural persons only, not entities like cor porations. The amendment would also require regulation of political contributions and ex-

From left: Gen Lee, Jocel yn Chong, Teah Simon, Atticus Gif ford, Kainoa Kell y, Dr Stice, and Judge Otake

penditures, and it would mandate public disclosure of all per missible contributions and expenditures. Simon explained in her video that “[w]hen wealthy individuals and cor porations have unlimited and unregulated campaign financing abilities . . . elections become like singing contests, where one competitor has instruments and backup singers while the others have none ” Simon concluded that “[w]e must protect our democracy and guarantee that it is truly of the people, for the people, and by the people ”

In their essays, Atticus Gifford and Liam Hutchison each proposed a different amendment that would target gerrymandering that is, the political manipulation of electoral districts to favor one g roup. In his essay, Gifford stated that gerrymandering “damages democratic ideals such as individual freedom and popular sovereignty, consequently muting the voice of the individual voter ” Hutchison added that, through gerrymandering, “elections are taken out of the hands of the voters and put into the hands of the politicians.” Gifford proposed an amendment that would prohibit gerrymandering by state legislatures, while Hutchison proposed an amendment that would create independent commissions to set electoral districts.

“What I love most about this contest is that it is a lear ning experience for everyone the students, teachers, and contest judges,” said Judge Otake She continued, “I appreciated the caliber of the entries and was impressed by the students’ thoughtfulness It goes without saying that engaging with civics benefits our democracy ”

Moving Up

Kelly and Simon each ear ned a $1,000 cash prize for their first-place entries, and Gifford and Hutchison received $500 and $250, respectively All four winners’ entries also advanced to the circuit-level competition At the circuit level, twelve of forty-five essays and ten of thirty videos were selected for final consideration by a panel of PICO

members, judges, court and unit executives, and attor neys

Hutchison’s essay proposing the creation of independent redistricting commissions to combat partisan gerrymandering won first place in the essay competition at the circuit level. As the overall winner, Hutchison received an additional $3,000 plus the cost of travel and accommodations to attend the 2023 Ninth Circuit Judicial Conference in Portland, Oregon During the conference, Hutchison will have the opportunity to participate in a special prog ram and to meet members of the bench, bar, and academia Simon’s submission was selected as a top-ten finalist in the video competition. Throughout the circuit, there were more than 1,000 entries across both categories in this year ’ s contest

“We are thrilled that our district winners perfor med so well at the Circuit contest and Liam in particular deserves our highest praise,” said Judge Otake

Looking Ahead

Dr Bonnie Christensen of Punahou School stated that she is “always impressed by [her students’] sincere desire to understand not only how their gover nment works but also how individuals can play a role in shaping the interactions between citizens and their gover nment ” The process of wrestling with the questions posed in the civics contest makes her students both “ more knowledgeable and more powerful in their ability to question who guarantees and protects essential rights that many other young people take for g ranted ”

Interested students and teachers can look forward to the 2024 contest announcement this fall. Additional information about this year ’ s contest and past contests is available on the Ninth Circuit’s website <https://www ca9 uscourts.gov/civicscontest/>.

Steven K. Uejio is a staf f attor ne y with the federal district court

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

HSBA Board Action

At its meeting in June, the HSBA Board voted to infor m the Hawaii Supreme Court that, with respect to proposed comments to Rule 5 5, the HSBA Board appreciates and supports the work of the Commission on Professionalism in providing additional commentary in an effort to clarify the Rule and leaves it to HSBA members to submit their own comments directly to the Court

2024 S CD Board Nomi nees

In accordance with Article VI of the SCD Bylaws, a committee has made nominations for officer and director positions of the SCD Board and publishes its list of nominees below Ballots will be distributed in early-mid September, and the election results announced during the HSBA Annual Meeting on Tuesday, October 17, 2023.

Vice President/President-Elect: Ian Sandison

Treasurer: Greg Lui-Kwan

Secretary: Scott Makuakane

Director: Oahu (3): Michael J Y Wong, Gilbert Doles, Dawn Nekoba

Big Island Director: Charlene Iboshi

Kauai Director: Jonathan Chun

Maui Director: David Raatz

Hawaii State Bar As sociation Annual Meeti ng Noti ce

In accordance with Article IV, Section 1, of the HSBA Constitution and Bylaws, this will serve as official notice to bar members that the HSBA Annual Meeting will be held virtually on Tuesday, October 17, 2023, in conjunction with the virtual bar convention

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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 h

communications, exhibit high ethical standards, and show a commitment

The Department is also recruiting law clerks who intend to take the next bar

n 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

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services under program now called Imua K kou (Moving Forward Together). 38

Faye T Kimura (Class of 1980) has also spearheaded changes through the Court Improvement Program, which she has coordinated since 1995. This program has organized annual conferences since 2007 that strengthen the voices of youth in foster care and provide updates for the child welfare community on child welfare law and pertinent topics in multidisciplinary practice In 2006, the law school brought in Kimura to support efforts that help families and youth involved in the child welfare system Zero to Three Court, the Ho’olokahi Parent Orientation Program, Imua K kou (extended voluntary foster care) Court, the O’ahu Child Welfare Mediation Program, and a child welfare clinic and exter nship are a few of the programs that benefited from these efforts, which required the hard work of many law fellows and law school research assistants through the years 39

EPILOGUE BY CAMILLE A. NELSON, DEAN OF THE WILLIAM S. RICHARDSON SCHOOL OF LAW

It is appropriate that we celebrate the William S Richardson School of Law as the venerable institution that it has become With the retirement and passing of so many of its faculty, the law school is now at an inflection point

As is the case with many national institutions, demographic shifts, economic constraints, enhanced competition, and of course the pandemic, have highlighted the increasingly complex world in which law schools operate. The 50th anniversary of the law school presents us with both an opportunity for reflection on the tremendous role that the William S Richardson School of Law has played in an increasingly complicated world, as well as for renewal and fortification of the law school to best prepare it for the next several decades.

The law school was founded with an

ambitious goal. It was created with an inspired mission, to be “ a collaborative, multicultural community preparing students for excellence in the practice of law and related careers that advance justice and the rule of law [It] embrace[s] Hawaii’s diversity and values and recognize[s] a special responsibility to our state and the Pacific region.” In order to pursue its mission of “ broadening access to legal education, promoting greater diversity in the bar, and expanding educational opportunities to the state and region, we must appreciate what it takes in ter ms of resources and talent to achieve these ends

As we look to the next 50 years, we should recommit to investing in the power and potential of the William S Richardson School of Law through our commitments of time, talent, and treasure. The law school requires exter nal support to thrive For instance, the commitment to hire graduates from the William S Richardson School of Law ensures that its students fulfill their professional goals and allows them to make a positive difference in our communities, both near and far Hiring Richardson graduates also boosts the demand for the quality professional legal education provided by the law school and contributes to its national ranking

The generosity of alumni and friends underwrites programmatic excellence and helps the law school attract and retain excellent faculty in an increasingly competitive legal academy – this is a particular challenge for Richardson Law as a public school in a very high-cost location Similarly, donations allow the law school to better prepare its students for legal practice through extracurricular opportunities, wellness support, research and writing opportunities, and of course scholarship and aid support In sum, in order to actualize its mission, the law school needs our support

1 William S. Richardson’s September 4, 1973 address to first incoming law class; Video interview with David L Callies, Professor 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 ) (Apr 9, 2023)

2 Recognition for building the per manent structure of law school must be given to the efforts of Wallace S (Wally) Fujiyama, among other things, in bringing in renown legal educator and for mer Dean of Hastings College of the Law, Marvin J Anderson, to serve as Dean of the law school and later as Chancellor of University of Hawai’i, M noa Campus

3 http://hoku law hawaii edu/personnel/bowman/addison;

https://www amazon com/s?k=hawaii+rules+of +evidence%252C+addison+Bowman&crid

4 http://hoku law hawaii edu/personnel/bowman/addison

5 http://archives law hawaii edu/exhibits/show /jon-van-dyke-collection

6 Outstanding Professor of the Year (1984, 1993, 1996 and 2002); Regents Medal for Excellence in Research (2009); President’s Citation for Meritorious Teaching (1987)

7 http://archives law hawaii edu/exhibits /show/jon-van-dyke-collection

8 https://law hawaii edu/academics/jom-vandyke-institute/

9 http://hoku law hawaii edu/personnel/chang /williamson

10 http://hoku law hawaii edu/personnel/chang /williamson

11 http://hoku law hawaii edu/personnel/chang /williamson

12 University of Wisconsin at Madison, the University of San Francisco, the National University of Hiroshima, and the University of Wester n Australia; http://hoku law hawaii edu/personnel/chang/williamson

13 Samples of his writing include: T he Akaka Bill, Hawaiian Sovereignty, and an Indigenous Voice for the Ocean: A Proposal for a Native Hawaiian Tr usteeship over the Northwest Hawaiian Islands, President’s Interagency Ocean Policy Task Force, September 29, 2009; T he Life of the Law is Perpetuated in Righteousness: T he Jurispr udence of William S Richardson, 33 Univ. of Haw. L. Rev. 99 (2010); Indigenous Values and the Law of the Sea, in Van Dyke, Broder, Lee and Paik, eds (2013); On Annexation of Hawaii, Scalia Fails Constitutionality Test, Civil Beat Hawaii (March 17, 2015) Missing the Boat: T he Ninth Circuit, Hawaiian Water Rights and the Constitutionality of Retroactive Over r uling, 16 Golden Gate University Law Review 123 (1986)

14 July 17, 2023 Interview with Professor Williamson B C Chang;McBr yde Sugar Company, Limited v Robinson, 517 P 2d 26 (Hawai’i Sup Ct

1973) (Water Rights); County of Hawaii v Sotomura, 517 P 2d 57 (Hawai’i Sup Ct 1973) (Public Access to Beach and Coastline); State of Hawai’i v Zimring, 566 P 2d 725 (Hawai’i Sup Ct 1977) (Ownership of New Land Created by Lava F lows)

15 Interview with David L Callies, Professor emeritus of the William S Richardson School of Law, retired (Apr 9, 2023); https://hoku law hawaii edu/personnel/callies/d avid;

https://en wikipedia org/wiki/David L Callies#

16 https://hoku law hawaii edu/personnel/callies/david;

https://en wikipedia org/wiki/David L Callies#

17 https://hoku law hawaii edu/personnel/callies/david;

https://en wikipedia org/wiki/David L Callies#

18 http://hoku law hawaii edu/personnel/barkai /john; http://www2.hawaii.edu/~barkai/index.html; Professor John Barkai’s curriculum vitae available from him; interviews with Professor John Barkai on July 12 and 15, 2023

19 https://en wikipedia org/wiki/Randall Roth; http://hoku law hawaii edu/personnel/roth/ran dall

20 Randall Roth, ‘Going Along to Get Along’ Leads to Gover nment Cor r uption, Island Voices, Honolulu StarAdvertiser (June 29, 2023 at Page A13)

21 Chris Iijima, Aviam Soifer, and Shirley Garcia, Island Voices, Law Prog ram Ser ving Hawaii Well, Honolulu Advertiser, May 6, 2005; Memorandum from Shirley Garcia to Carol Mon Lee, January 13, 2005

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

22 June 12 and July 13, 2023

Interviews with Troy J H Andrade, current Director of the Ulu Lehua Scholars Program

23 Island Voices, Law Prog ram Ser ving Hawaii Well; Honolulu Advertiser, May 6, 2005

24 June 12 and July 13, 2023 Interviews with Professor Troy J H Andrade

25 May 12 and July 13, 2023 Interviews with Kanoelani Pu’uohau; Prior to taking her current position, Pu’uohau worked in KSBE’s Community Engagement and Resources Group, where she was responsible for managing priority projects for the Senior Director of Hawai’i Island; https://www zoominfo com/p/Kanoe-Puuohau/2109016582

26 Law Professors Linda J Krieger, Eric K Yamamoto, Calvin G C Pang, Melody K MacKenzie, D Kapua’ala Sproat, Susan K Serrano, David M For man, Maxine A Burkett, Malia K H Akutagawa, Derek H Kauanoe, (Continued on pa ge 30

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.

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.

CASE NOTES

Appeal Pointer

An appeal may be dismissed or other sanctions may be imposed if the Civil A ppeals Docketing Statement (CADS) is not filed for a required case HRAP 3 1(b), 3 1(f) The CADS will be stricken if a copy of the judgment or order appealed from is not attached to it

Intermediate Court of Appeals

Labor

Sur vivors of Paul Jokiel v. University of Haw , CAAP No 19-0000479; June 23, 2023, (Hiraoka, J ) This appeal involved a claim for dependents’ death benefits under Hawaii Revised Statutes § 386-41 (2015), part of the Hawaii Workers’ Compensation Law. In Sur vivors of Young v. Island Feeling, Inc., 109 Hawaii 255, 125 P.3d 476 (2005), as corrected (Jan. 26, 2006), the Hawaii Supreme Court held that the maximum weekly benefit rate on the date of the employee’s death, rather than the date of injury, applies to dependents’ death benefits Id at 260, 125 P 3d at 481 This appeal involved a dispute over ho w the amount of a dependent’s weekly death benefit was to be calculated under the statute

C O U R T B R I E F S

Olympic Day in the State Fifth Circuit

National Children’s Alliance (NCA) for her demonstrated commitment and dedication to children through her extraordinary promotion of the children’s advocacy center model.

Ichiyama was nominated for the award by Jasmine MauMukai, statewide director of the Hawaii Children’s Justice Center (CJC). Mau-Mukai acknowledged Ichiyama as a “ respected leader and champion for children,” having introduced and supported numerous bills geared toward positively impacting the outcomes of children who are subject to maltreatment

Olympic Day in the Fifth Circuit certainly was a fun-filled time for 28 youth to engage with 15 service providers and resource caregivers through games, activities, and food.

The event is modeled after the “Teen Day” events put on by HI H O P E S in the First and Third Circuit Family Courts for youth in foster care. The acronym stands for Hawaii Helping Our People Envision Success

This year ’ s Olympic Day on June 9 was the first since the pandemic It was held at the Kaua‘i Community College

“HI H O P E S collaborated with Liliuokalani Trust and Hale Opio Kaua‘i to bring this joyful event to our youth,” said District Family Court Judge Stephanie R S Char “We can’t thank them enough for supporting our keiki and young adults as they navigate life ”

Representative Linda Ichiyama Wins National Advocacy Award

Most recently, Representative Ichiyama was instrumental in the passage of a bill in 2022 to amend the Hawaii Children Justice Prog ram ’ s statute to acknowledge the broad mission of these centers to include all for ms of har m to children In addition to sexual abuse and serious physical abuse, children who are alleged victims of sex trafficking, witnesses to violence, and other for ms of exploitation have access to the same comprehensive services.

In addition, “Representative Ichiyama is cognizant of the importance of addressing vicarious and secondary trauma for the CJC’s Multi-Disciplinary Teams. She connected us to the recently established Office of Wellness and Resiliency under the Gover nor ’ s Office This may result in a comprehensive plan to promote resiliency for professionals, minimizing bur nout and staff tur nover, ” wrote Mau-Mukai

NCA is dedicated to helping communities respond to allegations of child abuse in ways that are effective and efficient and put the needs of child victims of abuse first It is the accrediting body for more than 900 Children’s Advocacy Centers and Chapters in all 50 states, including Hawaii’s five Children’s Justice Centers.

Per Diem Judge Announcements

Peter C K Fong was recently reappointed as Per Diem Judge of the District Court of the First Circuit and designated to act as Family Court Judge. His ter m is July 18, 2023 to October 27, 2025

William C Bagasol was also reappointed Per Diem Judge of the District Court of the First Circuit and designated to preside as District Family Judge His ter m is August 1, 2023 to July 31, 2025.

Hawaii State Representative Linda Ichiyama (Fort Shafter F lats-Salt Lake-Pearl Harbor) was in Washington, D C recently to receive the Bud Cramer Advocacy Award from the

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Richard J Wallsgrove, Gregory R Kim, and Troy J H Andrade, Dean Laurie A Tochiki, and her community of Ulu Lehua scholars

27 May 12 and July 13, 2023 Interviews with Kanoelani Pu’uohau.

28 https://manoa.hawaii.edu/kahuliao/.

29 Interviews with Professor Derek Kauanoe on May 11 and May 19, 2023

30 Law School Time Line, https://law hawaii edu/about-us/about-williams-richardson/timeline/

31 Williamson B C Chang was the faculty advisor to Yvonne E Chotzen, Calvin E Young, and Gregory L Lui-Kwan

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

33 https://law hawaii edu/about-us/about-william-srichardson/timeline/; Interview with David P. McCauley in May of 2023

34 Interview with Professor Calvin Pang on April 17, 2023

35 William S Richardson’s September 4, 1973 address to first incoming law class

36 Interviews with John D Waihee III on July 13 and 16, 2023

37 2022 William S Richardson School of Law Co-Alumnus of the Year Program

38 Interviews with Laurie A Tochiki on July 3 and July 5, 2023

39 Interviews with Faye T. Kimura on July 7 and July 11, 2023.

40 Interview with Dean Camille A Nelson on May 18, 2023

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 previousl y ser ved on the Initiatives Committee to the Hawaii Supreme Court Commission on Access to Justice and is a past president of the William S . R i c h a r d s o n S c h o o l o f L a w A l u m n i Association

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