Ka Wai Ola - Office of Hawaiian Affairs, Volume 15, Number 5, 1 May 1998 — Why Judge Heen? [ARTICLE+ILLUSTRATION]

Why Judge Heen?

KA WELINA aloha, e nā 'ōiwi Hawai'i. This is my 15th article in a series of 46. At this writing, 200 days have passed since the Oct. 14 OHA BOT reorganization. The "interim tmstee"dilemma has puzzled or angered beneficiaries and the general public. In the April KWO and the April 24 Star-Bulletin , current BOT leadership was "labelled" in a mean-spirited tone by two tmstees. The April 8-14 Honolulu Weekly, on page 9, offers candid insight into their behavior. Any "interim tmstee" must be weighed against the tasks before OHA in the next seven months. On March 25, the BOT cast four votes for Walter Heen and four for Larry Kimura. I commented publicly on why voting for Judge Heen was logieal and responsible. On April 2, the BOT vote was four for Heen, one for Kimura and none for Louis Hao. KWO readers, who may not have been present at the Mabel Smyth auditorium or who may have read misleading newspapers, should understand "why Heen". The interim tmstee will serve for seven months during whieh OHA and Native Hawaiian interests will eome before the courts no fewer than four times. These cases are:

• OHA vs. HFDC. In 1994, OHA sued to recover its financial entitlements and, more importantly, to establish that the state cannot convey lands ffom the ceded land tmst to

private parties. The first of two hearings will occur in October in circuit court ; • OHA vs. State. In 1994, OHA sued for its entitlements under Article XII, Hawai'i Constitution and Act 304. The appeal by the state, was argued in the state Supreme Court April 20. • OHA vs. DOE. In 1995, OHA sued to eompel the state to provide Hawaiian immersion education or a similar program to meet the demands of Native Hawaiians.

l tus case is pending. • Rice vs. Cayeta.no. This class action suit brought in 1996, challenges the constitutional requirement that OHA board members and voters be Hawaiian. Oral arguments are scheduled May 5 in the Ninth Circuit Court of Appeals. OHA has moved to participate as an amicus curiae.

Deliberations with our attomeys are required on these matters. Concurrently, pursuant to Act 329, the Joint Committee on the Public Land Trast was established to study and make recom-

mendations on issues identified as currently or potentially relating to the trust, including whether lands should be transferred to OHA in partial or full satisfaction of obligations under the Hawai'i Constitution. Two of the eight members are appointed by OHA. The joint committee last met in November and will likely reactivate following the legislature's adjoumment. OHA's board faces daunting tasks between now and November. We will be deliberating strategies impacted by prestatehood and post-state-

hood laws affecting Hawaiians. Judge Heen is an attorney with a background in economics. He served as a territorial legislator, state representative, state senator and member of the city eouneil. As eouneil chair, he required developers to provide public access to beaches and the shoreline and he made the city acquire properties providing such access. He has

also served as U.S. Attomey for Hawai'i, I state district and circuit circuit judge and |H federal district judge. In 1992, as an asso- ■ ciate judge on the Intermediate Court of H Appeals, Judge Heen wrote the c"ourt's ■ opinion in Puhlie Access Shoreline Hawai'i vs. Hawai'i Countv Planning H Commission, requiring govemment agen- [I cies to protect Hawaiian gathering rights H when considering applications for land H development. This opinion was the fore- H mnner of the Supreme Court decision H known as PASH. H So that's "why Heen" and why Tmstees H DeSoto, Machado, Springer and I voted H for him on March 25 and Apiil 2. On H Apiil 22, Govemor Cayetano appointed H Gladys Kamakakūokalani 'Ainoa Brandt H "interim trustee." While I am disappoint- H ed the govemor did not honor our open H process, public decision-making anel final H vote by selecting Judge Heen, Tmstee H Brandt is a good appointment. I respect H and aloha her for her decades of service to {H the Hawaiian community. I am prepared H to move on in the work ahead and I look H forward to working with her. H In November, beneficiaries will select H five OHA tmstees. Weigh the tasks ahead. H Select trustees with the spirit, values, H skills and experiences needed at OHA for H the 21 st century. Your choices must be H guided by sound principles, values and H rationale as steadfastly as we four H trustees, DeSoto, Apoliona, Machado and |H Springer, have been guided. ■ H

Vice-chairperson7s m e s s a g e I

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