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Nearly a year after the U.S. Supreme Court invalidated racial restrictions in the Office of Hawaiian Affairs election, state lawmakers are waiting for another court decision before moving on legislation involving Hawaiian issues. Bills on Hawaiian rights
wait on federal courtA state Senate panel holds off
over Barrett's challenge to OHA,
home lands and gathering lawsBy Pat Omandam
Star-Bulletin
State Sen. Jonathan Chun (D, Kauai-Niihau) said bills dealing with OHA, the state Department of Hawaiian Home Lands and native gathering rights will remain in limbo until a federal court decides a case that challenges the constitutionality of all three laws.
A hearing on a preliminary injunction motion filed by Patrick Barrett against the state is set for March 12.
The situation is similar to last session, when lawmakers could only wait for the Supreme Court to rule on an appeal in the Rice vs. Cayetano case, which it did on Feb. 23.
The ruling struck down the state's Hawaiians-only restrictions and opened up OHA elections to all Hawaii-registered voters and candidates.
Yesterday, the Senate Hawaiian Affairs Committee deferred action on several OHA election bills until a clearer picture emerges from the Barrett case. Issues on hold include whether there should be a primary election for OHA, whether OHA should pay for its elections and whether there should be changes in the island residency requirement for the nine trustees.
Chun said he should have a fairly good idea where federal Magistrate Kevin Chang is heading after his hearing in March. For now, Chun wants to be in a position to move once he figures out which way the court will go.
"More than likely on these OHA election bills, we'll take hard a look at them, but the real determining factor is going to be how is the Barrett case going to impact OHA," Chun said.
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