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Law firm hired
in OHA dispute
The attorneys represented
Kamehameha Schools in
the trust investigationHawaiians on Maui react
By Pat Omandam
Star-BulletinThe Office of Hawaiian Affairs has hired the law firm that defended the five former Kamehameha Schools trustees during the state's three-year investigation of the trust to represent the Hawaiian agency in federal court.
The decision to hire McCorriston Miho Miller Mukai by the OHA board comes amid a whirlwind of activity yesterday after last week's Rice vs. Cayetano decision.
The U.S. Supreme Court ruling that struck down the state's Hawaiians-only voting restriction for OHA elections now has one trustee advocating plans for civil disobedience, while strong opposition to make the OHA board an elected or appointed body has state lawmakers hesitant to act and others saying it's too soon.
And the 7-2 ruling has prompted renewed and immediate calls for federal recognition of a Hawaiian nation, since many say the Supreme Court was very clear in that OHA, as it is now, cannot be that sovereign entity.But most of all, everyone is waiting to hear from Gov. Ben Cayetano, who returns late tonight from a nine-day trip. He faces questioning from trustees, state lawmakers and the public over his plans to appoint eight interim trustees within the next few weeks to replace those now on the OHA board, except for interim trustee Donald Cataluna.
Former Gov. John Waihee, whose law firm is still under retainer by OHA, said he hopes Cayetano takes into consideration that his decision to replace the trustees "undercuts" the Hawaiian community. Waihee, a delegate to the 1978 Hawaii Constitutional Convention that created OHA, said any attempt to change the board without a plan in place is not the thing to do.
Slow down, think it out
Waihee said management of the trust is very important and there should be some stability during this transition period. He believes all parties involved "need to slow down and see what the implications are," and to find some way to return some self-governance to the Hawaiian community."I think the governor has to do what he has to do," Waihee said after a three-hour, closed door meeting yesterday with trustees, retired Hawaii Supreme Court Justice Robert Klein and attorney William McCorriston.
"What I would like to say is that I think the Supreme Court was wrong, and that this decision was not one that took into account Hawaii's history," he said.
Klein joined McCorriston's firm after he retired from the Hawaii Supreme Court in January. The U.S. Supreme Court may send the case back to U.S. District Court in Hawaii to decide how to implement the high court's decision.
OHA Chairman Clayton Hee said OHA plans to file an action in federal court to allow OHA to intervene in any proceedings stemming from the Rice case. The move, Hee said, helps protect the trust assets and management, as well as keep the institutional integrity of OHA so that services to Hawaiians continue.
Hee said the board has not yet decided who will be the lead attorney for OHA. Legal fees are being negotiated, he said.
Hee, Cayetano to meet
While the court action may be viewed as a step to protect the jobs of the eight trustees, Hee stressed trustees have not placed themselves before the $350 million trust, its management or the beneficiaries -- which all remain priorities for the board.Hee has a meeting with Cayetano tomorrow.
Both the state and OHA argued against the appeal by Harold "Freddy" Rice before the Supreme Court, but now find themselves facing off as a result of the ruling, Hee said. "This is not the time to draw a line between partners. This is a time to work together."
But trustee Mililani Trask said unity is not the only option and that Hawaiians should prepare for civil disobedience to defend their rights and trust assets. Trask tomorrow will describe her plans for protests, which she said she will do with or without the support of the rest of the OHA board.
Trask said yesterday all trustees have taken an oath and are under a fiduciary obligation to protect the trust. Some fear Cayetano wants to replace the board to get a quick settlement with OHA over past-due revenues from ceded lands. Cayetano last week said that's not his intent. He said each trustee he selects will have an obligation to the trust above all else.
Trask said her plans are based on the "template" used by the late civil rights activist Martin Luther King Jr. and by India's Gandhi. Those protests could include sit-ins at state buildings and airports or rallies like the huge 1993 gathering at Iolani Palace for the 100th anniversary of the overthrow of the Hawaiian government.
She said the goal is to achieve social justice in a judicial system that is not responsive to the needs of Hawaiians. "This office provides basic and critical services to the community. If the government is intent upon preventing us from doing that job, then we need to respond to the government in the appropriate way."
Meanwhile, state lawmakers appear to have second thoughts about pushing through legislation to make OHA an appointed or elected board. House Speaker Calvin Say (D, Palolo) said the House plans to kill such bills because of overwhelming criticism they received over the weekend.
The Senate Hawaiian Affairs Committee continues with its statewide public hearings on the matter, but without House support, the measures appear doomed.
House Republicans urged Cayetano yesterday to reconsider his decision to replace trustees, saying the Supreme Court ruling does not require it and the trustees were duly elected. They added the governor may have acted prematurely and overstepped his authority.
Let the court look at it
He should wait for the U.S. District Court to rule on the status of the existing trustees, they said."Current law does not appear to give the governor the power to remove OHA trustees," said Rep. David Pendleton (R, Kailua). "The governor only has the power to fill a vacancy if the board fails to fill it within 60 days after its occurrence."
Rep. Sol Kahoohalahala (D, Lanai) said yesterday he plans to introduce a resolution supporting federal recognition of a Hawaiian nation as part of a renewed call for sovereignty.
The Rice decision, the recent federal reconciliation hearings in Hawaii and the 1993 congressional resolution apologizing to Hawaiians for the 1893 overthrow point are beacons on which direction Hawaiians must take, he said.
"We are being directed, I think, just by all of these actions to finally seek the federal recognition that Hawaiian people must have in order to try and become self-determined," said Kahoohalahala, who is also a delegate to the Native Hawaiian Convention.
Convention Chairman Charles Rose yesterday agreed the issue now is federal recognition of a sovereign nation. Rose believes the convention's efforts to propose models of sovereignty to Hawaiians -- which was started by the former Hawaiian Sovereignty Elections Council -- are not affected by the ruling."We're not choosing sides. We just want to give them the right to make the choices, and if they make the choices, whatever the choice is, we should live with it."
Federal officials from the U.S. Interior and Justice departments said yesterday they will delay the release of a draft report on the reconciliation process because of the Rice ruling.
Mark Van Norman, director of the Justice Department's Office of Tribal Justice, said the decision shouldn't hurt the process because it underscores the importance of clarifying the unique relationship between the United States and the Hawaiian community. A draft report is expected soon with recommendations on how federal reconciliation should proceed.
Hawaiians say keep
trustees on the jobAt a Maui hearing, they rap the
By Gary T. Kubota
U.S. Supreme Court and governor
on the OHA action
Star-BulletinPAUKUKALO, Maui -- Angered at the U.S. Supreme Court's decision, native Hawaiians have suggested forming a sovereign entity that would enable them to select their own leaders.
Hawaiians said they oppose Gov. Ben Cayetano's plan to replace elected trustees of the Office of Hawaiian Affairs with his appointees.
"He should keep the OHA trustees as is," said Foster Ampong.
Ampong and other Hawaiians said the Cayetano appointments would be a step backward on the path to native self-determination.
The testimony took place last night at the Paukukalo Community Center during a public hearing held by the state Senate Committee on Water, Land and Hawaiian Affairs.
More than 100 people attended the meeting.
The statewide hearings continue today at 5:30 p.m. at the Hilo High School cafeteria on the Big Island.
Committee Chairwoman Colleen Hanabusa said the intent of the hearings is to explain the Supreme Court's decision that overturned the Hawaiians-only voting restriction in OHA trustee elections. The committee wants to find out what Hawaiians feel should be the next move.
Native Hawaiians at the hearing criticized the court's decision, saying it failed to take into account the historical injustices, including the United States' role in the overthrow of the Hawaiian monarchy in 1893.
"It's the wrong constitution on the wrong land," said Oliver Dukelow.
Charles Maxwell Sr., a native Hawaiian cultural specialist, said that while Congress has apologized for the overthrow, lands have not been returned to Hawaiians.
"Our land was stolen," Maxwell said. "It's very hard for me. It's very frustrating."
Blossom Feiteira said the long-term solution is sovereignty for native Hawaiians.
"I think it's a necessary step," she said.
Hanabusa said there will be an election for the state Office of Hawaiian Affairs in November and the eligible voters will include any voter registered in the state.
"Everybody will vote in this election," she said. "There is no question ... The only saving grace is the trustees will have to be Hawaiian."
Committee Vice Chairman Joseph Tanaka said that , so far, the Hawaiians are saying they want to keep the trustees in office until the November elections and for Cayetano to keep out of selecting trustees.
"They're saying stay away, it's a Hawaiian problem," Tanaka said.
U.S. Public Law 103-150
Office of Hawaiian Affairs
