Ka Wai Ola - Office of Hawaiian Affairs, Volume 26, Number 9, 1 May 2009 — A Native Hawaiian Court [ARTICLE+ILLUSTRATION]

A Native Hawaiian Court

By Nara Cardenas Cammunity Dutreach Specialist As part of its Maoli Thursdays lunchtime Forum and Speaker Seri.es, the William S. Richardson School of Law's Ka Huli Ao Center for Excellence in Native Hawaiian Law presented a discussion on Native Courts and the possibilities for a Native Hawaiian Court as we eonhnue toward building a Hawaiian Nation. The talk was hosted by Ka'ano'i Walk, a 2008 graduate of the William S. Richardson School of Law and current Ka Huli Ao Lellow, and also featured T.I. Quan, a practicing attorney working with the Native Hawaiian Legal Corp. who has also represented Native Hawaiians in

both criminal and civil courts, and Colin Kippen, a Native Hawaiian and a former tribal court judge for the Suquamish Tribe. Is there a need for a Native Hawaiian Court? The statistics Walk cited speak for themselves: Native Hawaiians lead all minorities in gen-eral-assistance programs, with 62 percent pulling in incomes less than $50,000. Although Native Hawaiians represent about 20 percent of the general populahon here, 40 percent of prison inmates and 36 percent of arrested juveniles are Native Hawaiian. Interviews Ka'ano'i eonducted with Hawaiian lawyers, judges, puhlie defenders and the like suggest that the court system is generally unfamiliar with Hawaiian history and certain Hawaiian rights.

They note a disproportionate rate of prosecution of serious crimes in areas with large Hawaiian populations and the development of a culture of pride in arrests among Hawaiian youth. Although 'ōlelo Hawai'i is an offieial state language, requests for an 'ōlelo Hawai'i court interpreter have been questioned. Quan echoed this sentiment, noting that the courts are generally not comprised of Hawaiians and, despite the incorporation of some traditional rights into law, have little sympathy for or understanding of Hawaiian culture. Walk defines a Native Court as one that is established, created and run by native people, is native-lan-guage accessible, incorporates traditional custom, and is respected by the people for its fairness and eonsistency. He gave an overview of courts in the Republic of Palau and the Hopi and Navajo nations, who give credence to customary methods of dispute resolution and traditional principles by making them the foundation of the judicial system. Very often these courts plaee high value on collective rights - the harmony of a village or the whole nation - as opposed to individual rights. So what about a Native Hawaiian Court? Walk offered the suggestion that a Native Hawaiian Court should strengthen our community first, then tackle other issues. "It's an opportunity for Native Hawaiians to exercise sovereignty," said Quan, explaining his view that a Native Hawaiian

Court should refiect the fundamental traditions and practices of Native Hawaiians, and serve two purposes: a means of redress for native peoples and a means to preserve and perpetuate Hawaiian culture. As a Ka Huli Ao Lellow, Walk is examining the possibilities of a Native Hawaiian Court without making any attempts at predicting our pohheal future. However, Kippen rounded out the event by reminding us that a Native Court operates within the structure of a native politieal body. In addition to confiict resoluhon within the native community, a Native Court often answers queshons of legitimacy: What is the authority of the government to pass laws? Who do the laws affect? Kippen's final thought: think of the court as an expression of the most fundamental values of a culture - a possibility worthy of further consideration. ■ The Ka Huīi Ao Centerfor Excellenee in Native Hawaiian Law at the University ofHawai'i Wilīiam S. Richardson Law SchooI was founded i.n 2005. Ka Huli Ao focuses 011 educati.on, research, community outreach and the preservation ofi.nvaIuahle MstoricaI, Iegal and traditi.onaI and customary materials. Ka Huli Ao aIso offers new courses and supports Native Hawaiian law students as they pursue Iegal careers and Ieadership ro!es. Fi.nd them, including video ofpast Maoli. Thursdays, onli.ne at: kahuli.ao.com.

Community Consultation Network: lt's time to use your voice

The Community Consultation Network video conferences on nahon building continue! What do you think? A CCN video conference takes about an hour, and OHAwill lend equipment to you if you're interested - all you need is a working high-speed lnternet connection. To schedule a Community Consultation Network video conference or for more information, contact Dawn Hironaka at 594-0217 or 1-800-366-1758, email us at hla@oha.org, orfind us online at www.oha.org/ccn.

Kau Inoa online lf you haven't been to kauinoa.org recently, eome eheek it out again! We've added a blogwith information on community events and ways to get informed and involved: kauinoa. org/blog. There's also a "Laulima" page with a list of organizations accepting donations - please support them, especially in these hard eeonomie times, as they provide the programs and services our people need to be a strong, healthy nation. We weleome submissions - email hla@oha.org if you're interested. Kau Inoa registration May 9 and 10, Sat. and Sun., 10 a.m. to 4 p.m. at Wal-Mart, Pearl City, 0'ahu May 16 and 17, Sat. and Sun., 10 a.m. to 5 p.m. at the NewBaby Expo, Blaisdell Center, Honolulu Contact us Phone: 594-1912 Email: hla@oha.org Web: kauinoa.org twitten ©kauinoa

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Ka'ano'i Walk, at podium, Colin Kippen and T.J. Quan discuss the possibilities of a Native Hawaiian Court at a recent AAaoli Thursday panel on Native Courts. Walk defines a Native Court as one that is, among other things, established, created and run by native people. - Photo: Courtesy ofKa HuliAo C enter for Excellence in Native Hawaiian Law