Ka Wai Ola - Office of Hawaiian Affairs, Volume 16, Number 6, 1 June 1999 — Page 18 Advertisements Column 1 [ADVERTISEMENT]

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Two Court Cases All Hawai'i Residents Should Know:

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TWENTY years ago, the people of Hawai'i created the Office of Hawaiian Affairs to better the conditions of Native Hawaiians. Since that time, OHA has waged a continuous uphill battle to obtain and protect Hawaiian rights and entitlements. Two major cases may affect OHA's constitutional mandate from the people of Hawai'i.

JRio8vs. Caifstcmo

OHA vs. Stcde of IIauxjji i

T HE U.S. Supreme Court will for the first time examine part of the relationship between Hawaiians and the State of Hawai'i in

OVER the past several months, OHA has focused on resolving the state's debt to Hawaiians in

• 1 994 OHA sues state to collect past-due revenue from activities on Hawaiian ceded lands. • 1996 Judge Daniel Heely rules in OHA's favor. • 1997 State appeals Heely decision to Hawai'i Supreme Court. • 1998 Supreme Court recommends negotiations to settle state delinquency. OHA, state begin negotiations; OHA makes eall for mediator. • 1999 OHA makes numerous offers to settle the Heely case. State does not OHA offeis to meet any time, any plaee; makes further offer. Court-imposed deadline for negotiations passes; negotiations eonhnue. OHA makes further win-win, written proposal for settlement State makes no detailed written offer.

Status: OHA continues to seek resolution and settlement of the Heely case. Significance: Settlement would allow OHA to make great progress toward fulfilling its mission of bettering the conditions of Hawai'i's indigenous people. It also would: 1. Improve state's deteriorating bond rating (whieh has dropped due to the lingering issue of incomplete ceded lands payment5). 2. Bring long-awaited justice for the Hawaiian people. 3. Allow OHA and the state to work together to improve the social and eeonomie conditions of Hawaiians and all other Hawai'i people.

• 1996 Harold E Rice, a non-Hawaiian, attempts to vote in an OHA eleehon, whieh by law requires voters to have Hawaiian blood. • 1997 Rice sues the State of Hawai'i, claiming he was denied voting rights in a state-supported election for OHA, based on race. (As the state s top official, Governor Ben Cayetano is named as defendant on behalf of the state.) District Court Judge David Ezra rules against Rice. • 1 998 N inth Circuit Court of Appeals upholds Judge Ezra's mling. Rice appeals to the U.S. Supreme Court. Status: Rice vs. Cayetano is to be heard by the U.S.

Supreme Court in its session beginning in October. Significance: Through affirmation of the Ninth Circuit Court of Appeals mling in Rice vs. Cayetano, the U.S. Supreme Court will: 1 . Put to rest any further argument regarding the validity of the OHA elections process. 2. Allow all OHA social and eeonomie programs to continue their assistance to Hawaiians. % Reversal of Rice vs. Cayetano could: 1. Invalidate current OHA election system, and/or 2. Threaten rights and entitlements of Hawaiians — the indigenous people of these islands.

A message from the Office of Hawaiian Affairs — "Working for a better Hawai'i" www.OHA.org

V0LUNTEER8 NEEDED

Historic Waialua Court House needs volunteers to help with yard work, cleaning and other duties. If you or your community group would like to help, please eall OHA at 594-1895.