Legal claims cost The state Attorney General's Office is asking the Legislature to pay 36 claims worth $2.5 million, including $166,416 to John W. Goemans, one of the plaintiff attorneys in the Rice vs. Cayetano case.
state $2.5 million
By Pat Omandam
pomandam@starbulletin.comThe state lost the case, a challenge to the Office of Hawaiian Affairs' Hawaiians-only elections, two years ago in the U.S. Supreme Court and must pay Goemans' attorney's fees.
The 36 claims are part of an annual bill that appropriates money for judgments against the state and settlement of claims for the current fiscal year. Senate Bill 2682, Senate Draft 1, House Draft 1, was amended and then approved this week by the House Judiciary Committee and is now before the House Finance Committee.
In another claim, the state paid $45,000 to the parents of a kindergarten student who was pushed off the monkey bars of an elementary school and fractured his right wrist and elbow in 1998. An arbitrator found the state to be at fault.
The state also paid a woman and her two sons $60,000 for psychological trauma suffered after they were strip-searched by female corrections officers in 1995 while visiting an inmate at Halawa Correctional Facility. The court ruled the prison did not follow procedure because it did not have one of its medical staff present to monitor the searches.
In other news this week at the state Capitol:
>> Campaign freeze: In response to a ruling this week by Circuit Judge Sabrina McKenna, Mayor Jeremy Harris has suspended his gubernatorial candidacy pending an appeal of McKenna's ruling before the Hawaii Supreme Court.
McKenna had ruled that Harris could not hold office and be a candidate under the state's resign-to-run law, which was created in 1978.
Other gubernatorial candidates said Harris should choose immediately between being mayor and running for governor.
>> Delayed pension payments: The Cayetano administration warned legislators it may have to defer a $201 million payment to the state Employees' Retirement System because an updated state financial plan shows shortfalls in 2005 that need to be covered.
State Budget Director Neal Miyahira stressed the retirement system is not in danger and that the state has the ability to continue paying pensions.
>> Senate confirmation: Donna Kim, Senate Tourism Chairwoman, wants the Senate to confirm the appointment of the Hawaii Tourism Authority's executive director.
Kim, whose complaints about the authority have been echoed in a recent state audit critical of the agency's management, told colleagues this week that the majority of a Hawaii Tourism Authority search committee has chosen in private who will head the agency.
Kim (D, Aiea) said this should be an open selection process, and said she will propose legislation to require Senate confirmation of the authority's executive director.
>> Death with dignity: Senate Health Chairman David Matsuura (D, South Hilo) said he intends to hold a hearing next week on a bill that allows physician-assisted suicide.
But Matsuura said he will likely amend House Bill 2487, House Draft 1, with language to address liability problems with Hawaii's living-will laws. He said there are problems with some hospitals that do not fully comply with a patient's advance request regarding extraordinary measures to prolong his or her life.
Matsuura's office has been flooded with calls from people on both sides of the issue.
>> Emergency contraception: A measure now in the state Senate, House Bill 2806, House Draft 2, allows pharmacists to dispense so-called "morning after" birth control pills without a doctor's prescription.
Proponents say the measure works to prevent pregnancy 72 hours after sex and does not cause an abortion because it prevents implantation of the egg. Opponents, however, say doctors should help decide if there are any possible side effects. They also say the bill should not replace sex education and counseling.
>> Capitol smoking ban: Undaunted that her bill to ban smoking throughout the state Capitol has stalled, House Majority Floor Leader Marilyn Lee (D, Mililani) has introduced a resolution asking the building be made smoke-free and that all existing ashtrays be removed. The resolution also asks the state to enforce rules regarding smoking in public places.
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