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Yesterday came the news I’ve been dreading, but was hoping might never arrive. Congressman K. Mark Takai lost his final fight, a battle with pancreatic cancer.

I am devastated. He was not only a client, but one of the rare people in public life who actually showed political courage to do the right thing when literally not one of his colleagues had the guts to join him. He was one of the plaintiffs in the Hawaii reapportionment case, something we got a lot of behind-the-scenes attaboys about from his fellow politicians, but only Takai signed on the dotted line.

This was the litigation spurred by the fact that Hawaii does not count resident active duty military members and their families in its reapportionment population. Yes, we gladly accept the billions of dollars which their presence inject into the Hawaii economy, but count them as “residents” who are…

Continue Reading Taps For A Good Man, K. Mark Takai

TEXTContinue Reading Can Property Be Taken For A Project That Might Not Exist?

“Help us help you.”

That was the tenor of the questions from the Ninth Circuit panel (Judges Tashima, Tallman, and Hurwitz) sitting in Portland

The Deputy AG arguing for the State started

“You Honor, my opponent’s concession that Patel forecloses his argument about the nature of the facial challenge, resolves this case in its entirety.” 

It’s hard to join the Democratic Party of Hawaii?Continue Reading Voting Overwhelmingly For Democrats Isn’t Enough – We Want Your Hearts And Minds: 9th Cir Oral Arguments In Hawaii “Open Primary” Appeal

TEXT a written reportContinue Reading Fair Housing Act And Affordable Hawaii Housing

Here’s what we’re reading today, two pieces on seemingly unrelated topics:

• Gideon Kanner, “Give Credit to Judge Kozinski, The Prophet,” about the bare-knuckle politics of the process for filling Justice Scalia’s spot on the Supreme Court.  
• Ian Lind at Civil Beat: “Why Is This Unpopular Idea Still Alive At The Legislature?,” about the proposal, which we noted here, to elect Hawaii state court judges, now being considered by the legislature. 

We found these posts to be good companion pieces because in the first, Professor Kanner points out that the nomination and confirmation process is political because the business of judging is political (“So with a judicial atmosphere like that, not only in takings law but in other fields as well, we should not be surprised when citizens eventually decide that what comes out of the marble palace in Washington, is actually more like a…

Continue Reading Thursday Reading – The Politics Of Judicial Nominations, Electing Judges: Two Sides Of The Same Coin?

The Hawaii Legislature is evaluating a series of bills which, taken collectively, would radically overhaul the way judges and justices are selected for Hawaii’s state courts, and retained in office. 

Currently, the system is generally modeled on the “Missouri plan,” also known as “merit selection.” Supreme Court justices and Court of Appeals and Circuit court judges are appointed by the Governor for 10 year terms, and must be selected from a list promulgated the appointed Judicial Selection Commission. The nominee is then confirmed or rejected by the State Senate. District Court judges are appointed from a JSC list by the Chief Justice, and if confirmed by the Senate, serve six year terms. Justices and judges may be reappointed for additional terms, and may serve until they reach 70 years old. 

The proposals which the legislature is now considering were summarized in a recent email which we received from…

Continue Reading Time To Elect Hawaii’s Judges? Maybe Not Such A Bad Idea.

Calling all Hawaii appellate types, or those who want to become one: The Appellate Pro Bono Pilot Program is underway, and offering those who do not already have appellate experience, the opportunity to get trained so that they can serve as counsel to assist low-income litigants in Hawaii’s appellate courts. 

January 15, 2016
8:00 a.m. to 11:00 a.m.
HSBA Conference Room
   1100 Alakea Street, Suite 1000
   Honolulu, Hawaii 96813

Presenters

Rebecca Copeland, Esq. & Dan Kunkel, Esq.

RSVP by January 13, 2016 to
E-mail: justine@vlsh.org or call: 808-528-7058

Topics: Nuts and Bolts of Appellate Procedure; Appellate Jurisdiction and the Final Judgment Rule; and an Introduction to the Appellate Pro Bono Pilot Project

CLE Credits:  1.5 CLE Credits upon the completion of 6 hours of pro bono hours or completion of 1 full representation appellate pro bono case through the Appellate Pro Bono Pilot Program.  Volunteer Legal Services Hawaii…

Continue Reading Hawaii Appellate Opportunity

An inversecondemnation.com holiday tradition, the Yule Log, updated for current events.Continue Reading Yule Log: Darth Vader Edition