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Tuesday, December 17, 2013
Deemed Denied? Hawaii Supreme Court Clarifies Appeal Rules
By Robert Thomas @ 10:37 PM :: 3996 Views :: Judiciary

Under the majority's interpretation, a "deemed denial" is not ripe for appeal until the court affirmatively issues an order disposing of the post-judgment motion....

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Tuesday, December 17, 2013
Abercrombie Appoints Patricia Kim Park to JSC
By News Release @ 7:55 PM :: 3816 Views :: Judiciary

In the mid-1970s, she and her husband, Arthur, joined former Lt. Gov. Thomas P. Gill to form the firm of Gill Park and Park....

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Sunday, December 15, 2013
Hawaii Supreme Court: Demand A Contested Case, And There's A Good Chance You'll Get One
By Robert Thomas @ 11:33 PM :: 5085 Views :: Judiciary, Land Use

The Hawaii Supreme Court has issued its latest opinion in the apparently eternal metaphysical question of the circuit courts' appellate jurisdiction to review decisions under the Hawaii Administrative Procedures Act....

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Wednesday, December 4, 2013
Hawaii earns ‘D’ for judicial financial disclosure
By News Release @ 5:13 PM :: 3707 Views :: Ethics, Judiciary

Despite receiving a “D”, Hawaii’s financial disclosure law ranks as sixth best out of the 50 states and the District of Columbia.... 

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Wednesday, November 20, 2013
Locked Up and Shipped Away: Interstate Prisoner Transfer and the Private Prison Industry
By News Release @ 10:12 PM :: 5662 Views :: Judiciary, Justice Reinvestment

...four states - California, Idaho, Vermont, and Hawai'i - collectively ship 10,500  prisoners to for-profit prisons outside their home states.  West Virginia is developing a plan to do the same....

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Wednesday, November 20, 2013
Judge Sam King: A Memoir
By News Release @ 4:49 PM :: 5842 Views :: Hawaii History, Judiciary, Republican Party

In his half-century on the bench, he presided over some of the most sensational of Hawai‘i’s organized crime trials, and he upheld the 1967 Hawai‘i Land Reform Act that shifted property ownership in Hawai‘i from large trusts to ordinary citizens....

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Saturday, October 26, 2013
Judiciary Committee to Consider Poelman Nomination
By News Release @ 8:11 PM :: 6724 Views :: Maui County, Judiciary

Chief Justice Mark E. Recktenwald has appointed Lloyd A. Poelman as judge of the District Court of the Second Circuit....

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Monday, October 21, 2013
Judicial Selection Commission Announces Vacancy and Three Petitions for Retention
By News Release @ 10:53 PM :: 3552 Views :: Judiciary

Vacancy: District Family Judge, District Family Court of the Third Circuit 

Retention: Nakamura, DelRosario, Border

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Monday, October 21, 2013
Court Orders Abercrombie Admin to Pay Lawyers who Forced him to Reveal Names of Judicial Nominees
By Robert Thomas @ 10:32 PM :: 4832 Views :: First Amendment, Hawaii State Government, Judiciary
Remember the case from late last year in which the Honolulu Star-Advertiser brought a freedom of information/open records lawsuit against the Hawaii governor to force him to disclose the names of judicial nominees? 
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Friday, September 20, 2013
Hawaii Scores 'C' for Jail Diversion of Mentally Ill
By News Release @ 2:29 PM :: 7478 Views :: Health Care, Judiciary, Justice Reinvestment

Fewer than half the U.S. population lives in communities where the most basic methods of diverting people with severe mental illness from the criminal justice system are being used....

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Friday, September 20, 2013
Navy Yard Shooting: Failure of Mental Health Care System
By Selected News Articles @ 1:25 PM :: 7173 Views :: Health Care, Homelessness, Judiciary, Justice Reinvestment

Approximately half of mass shootings are caused by individuals with untreated severe mental illness....

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Tuesday, September 17, 2013
Accused Child Molester Ran Mortgage Scam from Restaurant Row Office
By Selected News Articles @ 5:06 PM :: 8350 Views :: Judiciary

Hawaii's attorney general wants to enjoin four people he says are practicing law illegally and operating a fraudulent mortgage-relief scheme in the state....

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Tuesday, September 17, 2013
Public Comment Open on Maui District Court Nominees
By News Release @ 2:22 PM :: 3282 Views :: Judiciary

Comments must be post-marked, emailed, faxed, or hand delivered no later than Monday, September 30, 2013....

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Tuesday, September 10, 2013
Video: Roger Epstein talks with Grassroot Institute
By Grassroot Institute @ 9:46 PM :: 4669 Views :: Development, Judiciary

Roger Epstein, senior partner of Cades Schutte Law Firm, talks with Dr. Keli’i Akina about Hawaii as a center for global transformation....

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Thursday, September 5, 2013
Eight Years of InverseCondemnation
By Robert Thomas @ 3:16 PM :: 3697 Views :: Judiciary

... I'd like to hail my fellow law bloggers who, like me, make the time to share thoughts about the legal issues of the day ....

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Thursday, September 5, 2013
"Let's Film All The Lawyers"– Hawaii’s Second Law Film Festival
By Robert Thomas @ 3:13 PM :: 4920 Views :: Judiciary, Law Enforcement
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Wednesday, August 28, 2013
Deedy jury foreman: Deadlocked 8-4 for Acquittal
By Selected News Articles @ 12:17 PM :: 9565 Views :: Judiciary, Law Enforcement

He said it would not have necessarily been easier to convict Deedy of the lesser manslaughter charge....

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Friday, August 16, 2013
Judicial Selection Commission Seeks Supreme Court Nominees
By News Release @ 3:23 AM :: 3478 Views :: Judiciary

Judicial Selection Commission is accepting applications and nominations to fill the following anticipated judicial vacancy:  Associate Justice, Supreme Court

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Wednesday, August 14, 2013
Lawsuit Challenges Honolulu 'Stored Property' Seizure from Private Property
By Robert Thomas @ 11:41 PM :: 5837 Views :: First Amendment, Homelessness, Judiciary
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Saturday, August 3, 2013
Ashford Nomination Challenged on Ethics
By Andrew Walden @ 6:20 PM :: 7121 Views :: Ethics, Judiciary

The ethical response is to try again, not to proceed in violation of Hawaii law and court rules....

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Tuesday, July 23, 2013
Malpractice: Trial Attorneys Take on Negligent Abortionists
By Selected News Articles @ 10:29 PM :: 5073 Views :: Family, Health Care, Judiciary

“Botched Abortion” project designed to hold abortionists accountable for medical malpractice....

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Saturday, June 29, 2013
Premature Action: 9th Circuit Illegally Allows Gay Marriages to Begin
By News Release @ 7:06 PM :: 4572 Views :: Family, Judiciary

The legal team defending California’s marriage amendment filed an emergency application with the U.S. Supreme Court Saturday to vacate a premature order that the U.S. Court of Appeals for the 9th Circuit issued Friday....

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Thursday, June 20, 2013
Pilot project reducing institutional placement of at-risk youths
By News Release @ 6:08 AM :: 4685 Views :: Higher Education, Judiciary, Law Enforcement

There are currently nine youths between the ages of 13-17 in the Wrap Hawai‘i pilot program....

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Friday, June 14, 2013
Hawaii Appeals Court Thwarts State's Massive Land Grab
By Robert Thomas @ 8:06 PM :: 5853 Views :: Judiciary, Land Use

the State of Hawaii's attempted land grab would have undermined the sanctity of all Land Court titles....

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Friday, June 14, 2013
JSC Announces Nominees for 1st Circuit Court
By News Release @ 7:20 PM :: 3326 Views :: Judiciary

The Chief Justice, with the consent of the Senate, shall fill a vacancy in the district courts....

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Thursday, May 30, 2013
Hawaii Officials Could Face Prison Over Failure to Act on Bird Deaths
By News Release @ 4:35 PM :: 4780 Views :: Environment, Judiciary
Newell's Shearwater by Jim Denny.
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Friday, May 24, 2013
Honolulu Muslim Leader Accuses Radical Muslim of Two Local Attacks
By Andrew Walden @ 2:12 AM :: 12462 Views :: Judiciary, Law Enforcement

Will Hawaii’s soft-on-crime Judiciary allow an insanity plea to a Muslim claiming a religious justification for acts of violence or terrorism?

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Tuesday, May 21, 2013
Former Hawaii Judge Suspended for 'Misappropriation of Client Money'
By Selected News Articles @ 9:32 PM :: 5227 Views :: Ethics, Judiciary

Marjorie Manuia was appointed a part-time district judge in 1982 and served two terms as a Family Court district judge from 1984 to 1996....

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Saturday, May 18, 2013
Stanley Chang Suspended by Bar Association
By Andrew Walden @ 11:41 PM :: 10954 Views :: Judiciary, Politicians

Honolulu Councilmember and Congressional candidate Stanley Chang has lost his right to practice law in Hawaii....

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Saturday, May 18, 2013
Is Anyone On The Hook If a Volcano Gawker Ends Up In Trouble?
By Robert Thomas @ 10:16 PM :: 4385 Views :: Hawaii State Government, Judiciary

...the signs are treated by visitors less as warnings and more as centerpieces of funny photographs to show the folks back home....

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Wednesday, May 15, 2013
Aloha Tower Case Tests 'Private Attorney General' Before Supreme Court
By Robert Thomas @ 10:02 PM :: 4633 Views :: Development, Judiciary
Thursday, May 16, 2013, at 9:00 a.m., the Hawaii Supreme Court will hear oral arguments in Aloha Tower Dev. Corp. v. State of Hawaii....
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Monday, May 6, 2013
Lodestar: Plaintiff Attorneys Awarded Fees in Rail Iwi Case
By Robert Thomas @ 10:16 AM :: 7175 Views :: Development, Judiciary, Land Use, Rail

the "private attorney general" doctrine...allows a prevailing party to recover fees and costs....

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Wednesday, May 1, 2013
Foreclosed Homeowners Sue 32 Hawaii Judges
By Selected News Articles @ 10:17 AM :: 5941 Views :: Ethics, Development, Judiciary

Fuchs claims that Judge Ayabe's wife did legal work for three of Fuchs's adversaries in the foreclosure case....

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Friday, April 19, 2013
Derrick Kahala Watson: Senate Confirms New Honolulu Federal Judge
By Selected News Articles @ 4:36 PM :: 3914 Views :: Judiciary

Watson will be the only Native Hawaiian serving as an Article III judge ....

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Thursday, April 18, 2013
Property Seized by Mayor: Supreme Court Declines to Hear Guam Case
By Robert Thomas @ 1:15 AM :: 4342 Views :: Judiciary, Land Use

...the case seemed like a good vehicle for the U.S. Supreme Court to revisit the pretext-in-eminent-domain issue it teased us with in Kelo....

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Friday, April 12, 2013
“Let ‘Em Eat Cake” Comes to Hawaii
By Selected News Articles @ 1:03 PM :: 5368 Views :: Judiciary, Land Use

"Can it be that the idiots who evidently run the Hawaii Business magazine have never heard about the principle that statutes have to be constitutional?"

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Wednesday, April 10, 2013
Land Use: Making an Environment for Those With Means
By Robert Thomas @ 1:05 PM :: 9263 Views :: Environment, Development, Judiciary, Land Use, Cost of Living
...Others can live in Hong Kong-style apartments so I can enjoy my place in the country....
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Thursday, March 28, 2013
Application Deadline to Serve on State Ethics and Campaign Spending Commissions is March 31
By News Release @ 1:47 PM :: 4958 Views :: Ethics, Judiciary
Ethics Commission applicants will either fill a  four-year term or an unexpired term that ends on June 30, 2014.  The vacancy on the Campaign Spending Commission is for a full, four-year term....
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Thursday, March 28, 2013
ICA Hears Case Challenging State Ownership of Mineral, Geothermal Rights
By Robert Thomas @ 4:09 AM :: 6200 Views :: Judiciary, Land Use
HAWICA Appeal: Is A Mineral Right An Inherent Servitude, Or Must It Be Reflected In ‘Torrens Title’?
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Friday, March 15, 2013
UH Federalist Society: "Litigating for Liberty: Non-traditional Public Interest Law."
By Robert Thomas @ 1:34 PM :: 5184 Views :: Judiciary, Land Use

Scott Bullock, the Institute for Justice lawyer who argued Kelo will be speaking next Monday at the University of Hawaii School of Law ....

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Thursday, March 7, 2013
Enviro Lawyers Off Target With Criticism Of Callies, Says Callies
By Robert Thomas @ 4:33 PM :: 6729 Views :: Environment, Judiciary, Land Use

...the environmental lawyers upped the ante by calling Callies a liar and a sell-out....

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Friday, March 1, 2013
Sakai: Misconduct Investigation Underway After Latest Prisoner Escape
By News Release @ 11:33 AM :: 5535 Views :: Judiciary, Law Enforcement

...it was noted that no one in that van had leg shackles on....

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Wednesday, February 13, 2013
Antolini vs Callies: Moon Court Favored Public Participation, not Environmentalists
By Robert Thomas @ 7:47 PM :: 6199 Views :: Environment, Judiciary

...the court's environmental jurisprudence wasn't so much focused on outcome, but rather on process....

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Monday, February 11, 2013
Chief Justice Delivers State of Judiciary through Social Media and Releases Strategic Plan
By Video @ 2:40 PM :: 3726 Views :: Judiciary

...Recktenwald delivered his biennial State of the Judiciary address on the Judiciary’s new YouTube channel....

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Thursday, February 7, 2013
Upcoming Hawaii Appellate Arguments Of Interest
By Robert Thomas @ 9:31 PM :: 3162 Views :: Judiciary

The oral argument calendar of the Hawaii Supreme Court  looks pretty interesting.... 

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Tuesday, January 29, 2013
The Empire Strikes Back: Reaction To UH Lawprof's Study Of Success Rates In Hawaii Supreme Court Cases
By Robert Thomas @ 12:56 AM :: 7438 Views :: Environment, Development, Judiciary

...the good professor labeled the record of the 1993-2010 Hawaii Supreme Court on property issues "appalling," so it should come as no surprise that two of the beneficiaries of those rulings have now rallied to that court's defense....

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Friday, January 18, 2013
Hawaii Supreme Court to Hear Another Shoreline Case
By Robert Thomas @ 9:34 PM :: 5847 Views :: Judiciary, Land Use

The Hawaii Supreme Court has accepted certiorari and agreed to review the Intermediate Court of Appeals' unpublished memorandum opinion in Diamond v. Dobbin....

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Wednesday, January 9, 2013
Pretextural Takings: Will Supreme Court Hear Guam Case?
By Robert Thomas @ 7:07 PM :: 6857 Views :: National News, Judiciary, Land Use

NFIB, CATO Instiutute, Owners' Counsel of America, and lawprofs James Ely, David Callies, Todd Zywicki, Randy Barnett, Eric Claeys, and D. Benjamin Barros -- have filed an amicus brief ....

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Friday, January 4, 2013
Supreme Court Agrees to Hear Sierra Club Koa Ridge Challenge
By Robert Thomas @ 4:10 PM :: 8567 Views :: Environment, Judiciary, Land Use

Intermediate Court of Appeals held that the Hawaii Senate's failure to confirm a sitting Land Use Commissioner for a second term did not disqualify him from office ....

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Thursday, January 3, 2013
Private Attorney General? Hawaii ICA Says 'No'
By Robert Thomas @ 10:41 PM :: 4721 Views :: Judiciary

In 2009, in the "Superferry" case, the Hawaii Supreme Court, after years of hinting (but not finding a suitable vehicle), formally adopted the "private attorney general' doctrine ....

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