Ka Wai Ola - Office of Hawaiian Affairs, Volume 17, Number 9, 1 September 2000 — High court: no vacancies at OHA - yet [ARTICLE]

High court: no vacancies at OHA - yet

By Pauia Durbln ĪHE HAWAI'I Supreme Court has concluded "that Rice vs. Cayetano did not automatically create any vacancy in the Office of Hawaiian Affairs" under the statute cited by the govemor. The high court issued its opinion in response to four questions certified to the court by Govemor Cayetano and OHA. Given its negative finding as to the existence of vacancies, the court found it was unnecessary to address the three remaining questions regarding the nature of and how to fill any vacancies.

However, the opinion does not totally contradict the govemor's position, announeeei immediately after the United States Supreme Court decided Rice, that the eight elected OHA trustees were invalidly elected. (The govemor did not question the legitimacy of Tmstee Donald Cataluna, whom he had appointed to replace the late Kaua'i/Ni'ihau Trustee Moses Keale upon his retirement.) Rather, it emphasizes they cannot be removed under the statute cited. All eight could, however, be removed through a "quo warranto" proceeding filed under another chapter of the Hawai'i Revised Statutes. ■