Decenber 2015 Hawaii Bar Journal

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BAR JOURNAL A N O FFICIAL P UBLICATION

Happy Holidays

OF THE

H AWAII S TATE BAR A SSOCIATION D ECEMBER , 2015 $5.00

TA B L E O F C O N T E N T S VO L U M E 1 8 , N U M B E R 1 2

EDITOR IN CHIEF Carol K. Muranaka BOARD OF EDITORS Christine Daleiden David Farmer Susan Gochros Ryan Hamaguchi Cynthia Johiro Edward Kemper Laurel Loo Melvin M.M. Masuda Melissa Miyashiro Eaton O'Neill Lennes Omuro Brett Tobin Jodi Kimura Yi

ARTICLES 4 Community Mediation Centers Increase Access to Justice

by Tracey S. Wiltgen

10 Volunteer Legal Services Hawaii 18 New Hawaii Legislation Bans Noncompete and Nonsolicit Clauses in Employment Contracts of Technology Business Employees

by Eaton S.K. O’Neill

20 2015 Hawaii Access to Justice Conference

HSBA OFFICERS President Gregory Markham

26 2015 Pro Bono Celebration

President-Elect Jodi Kimura Yi Vice President Nadine Ando Secretary Russ Awakuni Treasurer Mark M. Murakami YLD OFFICERS President Miriah Holden Vice President/President-Elect Ryan Hew Secretary Alicia Mears Treasurer Ryan Loeffers

OF NOTE 15 Court Briefs 16 HSBA Happenings 24 Landshark Invitational Surf Contest 28 Case Notes 30 Off the Record 31 Classifieds

EXECUTIVE DIRECTOR Patricia Mau-Shimizu GRASS SHACK PRODUCTIONS Publisher Brett Pruitt Art Direction Debra Castro Production Beryl Bloom

On the cover: Collage of family holiday cards Hawaii Bar Journal is published monthly with an additional issue in the second quarter of each year for the Hawaii State Bar Association by Grass Shack Productions, 1111 Nuuanu Ave., Suite 212, Honolulu, Hawaii 96817. Annual subscription rate is $50. Periodical postage paid at Honolulu, Hawaii and additional mailing offices. POSTMASTER: Send address changes to the Hawaii Bar Journal (ISSN 1063-1585), 1100 Alakea St., Ste. 1000, Honolulu, Hawaii 96813.

Advertising inquiries should be directed to: Grass Shack Productions (808)521-1929 FAX: (808)521-6931 brett@grassshack.net

Notices and articles should be sent to Edward C. Kemper at edracers@aol.com, Cynthia M. Johiro at cynthia.m.johiro@hawaii.gov, or Carol K. Muranaka at carol.k.muranaka@gmail.com. All submitted articles should be of significance to and of interest or concern to members of the Hawaii legal community. The Hawaii Bar Journal reserves the right to edit or not publish submitted material. Statements or expressions of opinion appearing herein are those of the authors and not necessarily the views of the publisher, editorial staff, or officials of the Hawaii State Bar Association. Publication of advertising herein does not imply endorsement of any product, service, or opinion advertised. The HSBA and the publisher disclaim any liability arising from reliance upon information contained herein. This publication is designed to provide general information only, with regard to the subject matter covered. It is not a substitute for legal, accounting, or other professional services or advice. This publication is intended for educational and informational purposes only. Nothing contained in this publication is to be considered as the rendering of legal advice.

by Tracey S. Wiltgen Across the state, five non-profit community mediation centers—Kauai Economic Opportunity Mediation Center, Ku‘ikahi Mediation Center, Maui Mediation Services, The Mediation Center of the Pacific, and West Hawaii Mediation Center—are helping to increase access to justice by providing affordable and accessible mediation and dispute resolution processes for all.

Throughout the year, Hawaii’s community mediation centers assist thousands of people with negotiating creative agreements that meet their unique situations.

Divorcing couples and unmarried couples with children agree on time-sharing and co-parenting plans that meet the needs of the c h i l d r e n .

Landlords and tenants work out payment plans.

Distressed homeowners and lenders agree on loan modifications, short sales or cash for keys. Families caring for an elder member develop family plans to support the values and needs of the elder member, and more.

In his welcoming remarks at the 2015 Access to Justice Conference, Chief Justice Recktenwald stated that, “Ensuring that every person’s voice is heard when their legal rights are threatened is not a luxury – rather it is at the very foundation of the legitimacy of our courts, and therefore, our democra4 December 2015

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Community Mediation Centers Increase Access to Justice

Mediators in training at Ku‘ikahi Mediation Center.

cy. We are talking about fundamental human needs – housing, health care, the ability to participate in raising one’s child. . . .” Unfortunately, due to the large volume of cases, most judges are limited in the amount of time they can actually dedicate to listening to every litigant before them. A critical component of the mediation process on the other hand, is ensuring that every participant is heard.

A key responsibility of an effective mediator is to listen to each party to fully

understand not only the facts of the case, but to also learn the underlying needs and interests of each person. When the parties feel heard and understood, their emotions subside and they are able to more realistically negotiate and problem solve. Equally important, mediators also help the parties in dispute to truly hear each other for the first time and gain an understanding of each other’s perspectives, as well as clarify and focus on the specific issues needing resolution, thus enabling them to more readily agree on solutions. This is frequently the experience at the community mediation centers with divorcing couples, homeowners and lenders, landlords and tenants, families and more.

Feedback provided by some of the mediation participants include: • “I appreciate the mediator for taking the time to hear out our different sides of the situation and for helping us resolve our differences with scheduling, and working together for our son’s interest.”

• “Our mediators were amazing. We never talked so much and agreed on something in 8 months!”

• “My hope is that this agreement will help us to move forward and to communicate better. This will greatly benefit our daughter now and for the longterm.”

Resolving disputes equitably Experienced in mediating and deciding complex family law cases.

Available for commercial, corporate, environmental and business mediation and arbitration.

“Let justice be done though heavens may fall”

523-1234 • 285-2408 Dispute Prevention and Resolution 1003 Bishop St., Suite 1155 • Honolulu, HI 96813

Michael A. Town Circuit Court Judge (Retired) Trial judge from 1979 to 2010 in Family and Circuit Court. Graduate of Stanford University (A.B), Hastings Law (J.D.) and Yale School of Law (LL.M).

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• “Thank you for this process. It opens the door for communication on both sides. Resolved the issues and future problems.”

Having the opportunity to be heard and understood is only one of many reasons why mediation has grown in popularity over the past twenty years as the preferred approach to resolving disputes big and small. Mediation is generally faster and less expensive than going to court. Mediation discussions are confidential and either party may end the process at any time. Equally important, a mediation settlement can be crafted to meet the individual needs and interests of the participants, and the participants themselves are responsible for designing the specific content of that mutuallyagreed upon settlement.

Consider for example, a small claims matter in which what one party really wants is his/her property returned, or the completion of a repair of a car or roof, or even an apology, rather than a monetary settlement.

Under Hawaii Revised Statutes (“HRS”) § 633-30, a district court judge is limited to deciding whether or not money is owed and, if yes, how much should be paid. Through mediation, on the other hand, any innovative resolution that does not violate the law may be crafted by the parties themselves.

By providing an opportunity for the participants to be innovative and to play an active role in fashioning their own agreement, mediation is a powerful forum to address almost any civil dispute. Given this fact and all of the other advantages of mediation, its not surprising that most cases are now settled through mediation. Complex, costly litigation is avoided when mediators are hired to assist the parties in negotiating creative solutions. And while mediation has grown and the number of private mediators continues to increase, the community mediation centers play a more critical role in ensuring that individuals in low income and vulnerable populations likewise have access to quality mediation services for a low or no fee.

Each year, the community mediation centers assist thousands of individuals to prevent and resolve disputes and those numbers continue to grow. In fiscal year 2014-2015 (“FY14-15”), 8,280 clients were served through the various centers around the islands and 3,688 cases were managed (an increase of 10% from the prior fiscal year). Furthermore, 64% of the new cases opened during FY14-15 were cases pending in one of the district, circuit or family courts throughout the state. Altogether 2,303 cases were mediated over the course of the year.

Because mediation is fast, efficient, and less expensive than going to court, it has become the favored approach for people with financial resources and the attorneys who represent them. The community mediation centers provide the same opportunity for people with limited financial means. In fact, it is a more comfortable process for pro se individuals who can’t afford representation.

There are no rules of evidence or confusing legal jargon. More importantly, unlike the judicial system, the focus of mediation is the resolution of disputes, not identifying winners and losers.

When parents are fighting over where their children will live, a tenant wants to work out a viable payment plan with a landlord to stay in their home, or a family is in conflict regarding the care of an elder family member, the focus should be on finding a resolution, not fighting it out in court.

Because mediation plays such a vital role in increasing access to justice, the community mediation centers must continually strive to provide a high volume of services while ensuring that those services are fair and of the highest quality. To do so, the centers provide regular support and training for the mediators who provide their services pro bono; collaborate with the civil legal service providers and other resources in the community; and design programs to address specific needs in each circuit.

Currently, a total of 304 individuals (approximately 50% of whom are attorneys), volunteer their time to conduct

more than 7,030 hours of mediation annually for the community mediation centers. To provide these services, every mediator is required to complete, at a minimum, a twenty-four hour basic In addition, mediation training. advanced mediation and specialized training in divorce mediation, foreclosure mediation, small claims mediation, civil rights mediation, condominium mediation, elder mediation, and special education mediation are also required at various centers providing those specific services. The Mediation Center of the Pacific also recruits attorneys and others with subject matter expertise in specific areas such as family law, civil rights, condominium law and more, to be trained as specialized mediators to provide pro bono mediation services in these areas.

Proper preparation of the parties prior to a mediation session may include referrals to Legal Aid Society of Hawaii, Volunteer Legal Services Hawaii, the University of Hawaii Elder Law Program, the district and family courts’ Access to Justice Rooms, credit counselors and other community resources to ensure that they have the information they need to make informed decisions.

Collaborations between various legal service providers and community mediation centers also involve direct outreach to individuals in the community to help them understand the various options and steps they may take to address the legal issues they are facing. For example, in the Second Circuit, Maui Mediation Services (“MMS”) provides regular support to the Self Help Center at the Wailuku Courthouse. The Self Help Center relies on volunteer attorneys to assist prospective and pro se litigants with district court and family court civil matters. A MMS volunteer is regularly stationed at the center during its weekly operating hours of 9:00 am to 12:00 pm on Thursdays to inform Maui County residents about mediation and to help them determine whether or not mediation is appropriate in their situation.

Finally, while each of the mediation centers provide similar mediation programs for small claims, summary posses-

Mediation

&Arbitration

"The perfect is the enemy of the good."

-Voltaire

Dan Bent Mediator & Arbitrator 548-0080

Dispute Prevention and Resolution, Inc. 1003 Bishop Street Suite 1155 Honolulu, HI 96813

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sion and domestic matters, each have also created programs to meet the unique needs in their respective judicial circuits. For example, through a partnership between the Third Circuit Court and Ku‘ikahi Mediation Center (“KMC”) and West Hawaii Mediation Center (“WHMC”), lenders and borrowers have the opportunity to utilize mediation services prior to or during a judicial foreclosure proceeding.

Through the program, borrowers may request mediation and, if deemed appropriate by the court, are scheduled to participate in a mediation session at one of the mediation centers. Since its inception in 2011, 179 homeowners have been helped to stay in their homes.

“The mediation process provides relief to homeowners within a process they can access and understand,” says Judge Greg Nakamura. “When compared to the court process, mediation is more informal and parties have more time to negotiate and, hopefully, reach a joint agreement on the terms.”

In the Fifth Circuit, Kauai Economic Opportunity Mediation Program (“KEO”) has a Working Agreement with the Office of the Prosecuting Attorney, County of Kauai to provide mediation services for interested victims of property crimes and minor assaults. Through the VictimOffender Mediation Program (“VOM”), the victims have the opportunity to meet with their offenders in a safe and structured setting. Through VOM, the offenders are held directly accountable while the victims are provided with the support they need to enable them to put closure on the incident and move on in their lives.

Finally, in the First Circuit, The Mediation Center of the Pacific (“MCP”) created the Adopt-A-Court Mediation Program to ensure that a sufficient number of trained mediators are available on-site at all district courts, where mediation is a mandatory process for small claims and summary possession matters. Through this Program, MCP reached out to businesses across Oahu to recruit them to “adopt” the district court

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populations to be heard, and to negotiate solutions that allow them to resolve their disputes and move on in their lives.

———————— Tracey S. Wiltgen is the Executive Director of the Mediation Center of the Pacific, a 501(c)(3) non-profit corporation that serves more than 7,000 people annually.

Repainted, refreshed mediation room at Wahiawa District Court, complete with paintings to set the stage for successful mediations.

located in their local area and have members of their management team trained to serve as volunteer mediators.

To date, two companies have participated in the Program. The Islander Group adopted the Wahiawa Court and Hawaiian Cement adopted the Ewa Court. Their response to the Program was so enthusiastic that the CEO of the Islander Group, Steve Holmberg, even took the initiative to roll up his sleeves to repaint and “spruce up” the mediation room at the Wahiawa Courthouse.

Being a true mediator who strives to help the parties feel as comfortable as possible to increase their chances of reaching a settlement, Holmberg stated that, “I believe that it (the spruced up room) actually makes our mediations a bit easier as the room has a more comfortable and tranquil feel to it.”

These are just a few examples of the varied programs and services provided by the community mediation centers that help to increase Access to Justice.

According to the Department of Justice, Access to Justice is guided by the three principles of: Promoting Accessibility; Ensuring Fairness; and Increasing Efficiency. With the assistance of the more than 304 mediators who currently provide their services pro bono, Hawaii’s five community mediation centers play a critical role in adhering to these principles. Kauai Economic Opportunity Mediation Center, Ku‘ikahi Mediation Center, Maui Media-tion Services, The Mediation Center of the Pacific, and West Hawaii Mediation Center are committed to providing high quality, yet affordable and accessible mediation and dispute resolution services that enable Hawaii’s low income and vulnerable December 2015

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Q. What is your background and Volunteer opportunities always came wellpoor in our state. As a great example, we what led you to your current posipackaged: conflict checking, case informacannot thank the Hawaii State Bar tion as executive director of tion, and limited scope services. I walked Association enough for housing our staff Volunteer Legal Services Hawaii away from each pro bono opportunity temporarily after our office underwent (“Volunteer Legal”)? repairs from recent flooding. This kind I am a first generation immigrant gesture and generous sharing of office from the Philippines. I immigrated to the space and resources ensured that United States at the age of 8 and was Volunteer Legal could continue providing raised in Washington State. In the 5th services. grade, my family and I spent one year on Kauai where I fell in love with Hawaii. I Q. Who are the current members swore to return, and did so to attend the of the Volunteer Legal board?

University of Hawaii at Manoa for my undergraduate studies.

Peter W. Olson, President After graduation, I took Ryan H. Engle, Vice President time to travel in Asia and (in-coming President 2016) returned to Hawaii where I Thomas D. Farrell, Secretary worked for then Congressman Joanne C. Hoe, Treasurer Neil Abercrombie as a Congressional Staffer in his Directors: Honolulu office. It was from Bryan P. Andaya this experience that I gained a Trever Asam better understanding of Hawaii Sidney K. Ayabe and the people who live in it.

Sen. Suzanne Chun Oakland Through constituent services I Joachim Cox learned that for a good number Justin D. Levinson Michelle Acosta, Jerome Hughes, Beverlyn Simina, Liz Pasquarette, Justine Herrera, AP Bamrungruan, of people, living in Hawaii David P. McCauley meant having to work multiple Scott B. Paul jobs and living paycheck to paycheck just feeling like I helped someone even if it was G. Gary Singh to make it through each month and year. only for 30 minutes or an hour.

Wayne M. Tanna When I decided to attend law school, I eventually joined Volunteer Legal in Laurie A. Tochiki I knew I wanted to do something in the January 2013 as Senior Staff Attorney public interest arena. I left Hawaii to and as Executive Director in 2014. I Q. What is Volunteer Legal’s histoattend Lewis and Clark School of Law in enjoyed litigation, but thought this would ry in Hawaii’s legal community?

Portland, Oregon. My family and I be an opportunity to remain involved in Volunteer Legal began as a Hawaii returned to Hawaii in 2006 where I began the delivery of legal services but also allow State Bar Association, Young Lawyers’ working at Badger Arakaki. Wanting to for time to be with my young family.

Division Project. It grew from a national go back to something closer to public While the demands are a bit different movement to formalize pro bono service interest work, I began working for from being a litigator, being an Executive within and among the legal communities Domestic Violence Action Center as a Director of a non-profit is no less chalfor each state. Volunteer Legal was one staff attorney. After the birth of my seclenging. No two days are ever the same, among 8 initial state programs. ond child, I opened my own practice in and there is never a shortage of opportuVolunteer Legal is now in its 34th family law. Throughout this time, I volnities to use your problem-solving skills. year of coordinating pro bono service to unteered my time at Volunteer Legal at Despite the challenges, there are help meet the civil legal needs of the low the Neighborhood Legal Clinics and by many rewards with working at Volunteer and moderate income communities in doing presentations at various homeless Legal. I work with an energetic staff, and Hawaii.

Throughout its 34 years, shelters. am supported by a great board. We also Volunteer Legal has remained true to its I had always liked the idea of serving have amazing superhero volunteers. In mission of bridging the justice gap those with limited means through a pro addition, we have a community of partbetween those in need of services and bono program like Volunteer Legal. ners who value civil legal services for the those who are best equipped to meet those

Volunteer Legal Services Hawaii

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needs.

While Volunteer Legal has certainly had its ups and downs throughout the years—mostly driven by the ebb and flow of funding—Volunteer Legal remains an important vehicle for pro bono advocacy in Hawaii. Because of its volunteer model, the organization can respond to the community’s changing needs by calling upon a wide pool of attorneys and their practice areas Q. Please describe the work of Volunteer Legal.

Volunteer Legal’s model of service delivery is pro bono based. The staff at Volunteer Legal act as the administrative bridge between the volunteer attorneys who provide direct services and those who need services. The aim is to provide a high quality of legal service beyond the delivery of legal information. While there is value in the dissemination of legal information to the public, those who seek pro bono service are people who need help with important legal matters and simply do not have the resources to resolve them.

Often these cases affect a person’s ability to see their child, feed their family, maintain a roof over their heads, or care for a disabled loved one.

For over three decades, Volunteer Legal has been in the business of engaging members of the private bar and connecting them with the individuals and families who need their services. To do this as effectively and efficiently as possible, Volunteer Legal maintains close relationships with both the bar and the community. Volunteer Legal has been very fortunate to have received support from the Hawaii State Bar Association and its various sections for recruitment efforts and overall promotion of pro bono service.

Every so often I am asked why a formalized pro bono program needs to exist when attorneys could provide such services on their own. While attorneys do provide pro bono service in various ways outside of an organization like Volunteer Legal, the critical component that a formalized pro bono program brings to a community is the administrative vehicle of ensuring that those with legal needs have a way to access attorneys in a meaningful

Thank you to the HSBA Young Lawyers Division (YLD) volunteers for their help with the Disaster Relief Assistance Manual.

In partnership with the Young Lawyers Division of the HSBA, updating the Disaster Relief Assistance Manual was a top priority after last year’s natural disasters on the Big Island. Thank you to YLD President Miriah Holden for recruiting members of the YLD to assist in updating sections of the manual. With her leadership, the following YLD volunteers assisted in completing updates to the manual: Marissa Machida, Heather Moore, Seth CorpuzLahne, Heather Uekawa, Courtney M. Crawford, Juliette B. McCullough, and Normand R. “Chip” Lezy.

The updated manual was the focus of this year’s Disaster Assistance Recovery Center training at HSBA. The training was well-attended and volunteer attorneys are now better prepared to help those needing legal assistance after a natural disaster.

Contact Sergio Alcubilla Director of External Relations (808) 527-8063 · sealcub@lashaw.org www.legalaidhawaii.org

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way. For example, other jurisdictions that have studied pro bono as an access to justice issue reported that attorneys who provide pro bono service outside of a formalized pro bono program are usually doing so for people they already have a relationship with: a family member; a friend; an existing client. A cold call to a private attorney for pro bono service will probably not meet the same response.

Volunteer Legal’s role of pre-screening cases, and case-matching based on legal issues relieves the volunteer attorney of many administrative tasks that make providing pro bono service a challenge. In a sense, Volunteer Legal fields the “cold calls” for the attorneys, and allow for both the attorney and the individual seeking service to connect in an efficient and effective way.

Q. Volunteer Legal conducts legal advice clinics. What is the protocol for those clinics? Is it open to any type of case?

One of the “core services” provided

by Volunteer Legal is legal advice clinics, also known as Neighborhood Legal Clinics. Service Applicants are prescreened during an intake process for income and subject matter qualifications.

Individuals seeking services are asked a series of questions that help intake staff identify legal matters.

After the applicant is qualified for services, they are matched with a volunteer attorney for advice and counsel or a brief appointment at a Neighborhood Legal Clinic (“Clinics”) based on case type. Volunteer Legal only accepts civil legal matters: family law; estate planning; guardianship and conservatorship; trusts and probate; collections; landlord-tenant; Chapter 7 bankruptcy; collections; and veterans benefits.

Clinics are held on Thursday evenings from 5:00 p.m. to 8:00 p.m., on the first and third Saturdays of each month from 9:00 a.m. to 12:00 noon, “virtually” over the phone, or at Pop-Up Legal Clinics which are held within the community. Attorneys are recruited to volunteer at each Clinic. Clinics held at the Kakaako office can accommodate up to 5 volunteer attorneys meeting with 3 to 12 December 2015

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5 clinic participants each. Virtual clinics are scheduled whenever the volunteer attorney is available and can either be conducted from our office or from the attorney’s own office. Pop-Up Legal Clinics can accommodate up to 10 volunteer attorneys who consult with 3 to 5 clinic participants each.

All Clinic participants are prescreened and pertinent documents and information are collected as much as possible prior to a Clinic consultation.

Volunteer attorneys are then provided a list of participant and opposing party

Sidney Ayabe and Jason Hirata

services, such as completing the proper court forms.

Volunteer Legal staff are always available to both the volunteer attorney and clinic participant for administrative support during the legal advice clinic.

Staff can provide program specific answers to questions, as well as act as paralegals or administrative support during and after the clinics: obtain proper court forms; provide follow-up court filing guidance; etc.

For those with Limited English Proficiency, Volunteer Legal contracts with language access services to provide interpreter services during our intake stage and follow-up services. In one instance, an American Sign Language interpreter went to the extent of providing services from intake to end of trial on a pro bono full representation case.

For those living on neighbor islands, Volunteer Legal extends legal advice services via phone, and on occasion at special set legal clinics on the neighbor islands.

For example, in 2015, Volunteer Legal hosted 4 legal clinics on Maui and in 2014, hosted a legal clinic in Kau. Volunteer Legal hopes to find additional sources of funding to maintain and expand services to the neighbor islands in this way.

names for conflict checking prior to the Clinic date. Once conflicts are cleared, Volunteer Legal staff provide the volunteer attorney case information and any documents received from the participant to the attorney for review at least 2 days prior to the Clinic date. Volunteer attorneys have an opportunity to screen the cases and further identify issues that they can prepare for prior to consulting with the participant.

At the Clinic, participants are again advised that the consulting volunteer attorney is only going to be providing legal advice and that there is no attorney client relationship beyond the legal advice session. Because much of the information gathering has taken place prior to the attorney and client meeting, the clinic session can be much more focused on the legal issue and providing a higher level of advice and in some cases limited scope

Q. Are there income guidelines for the people who contact Volunteer Legal for services? If so, please explain.

In order to qualify for services, applicants must be below income levels of 250% of the Poverty Guidelines for the State of Hawaii. Volunteer Legal follows the same Poverty Guidelines as issued annually in the Federal Register by the Department of Health and Human Services. The Poverty Guidelines are often referred to as the “Federal Poverty Level” or “FPL”. The States of Alaska and Hawaii have separate Poverty Guidelines to account for cost of living.

Under the 2015 Poverty Guideline, an individual earning a gross annual income of $13,550 and a family of 4 earning $27,890 are at 100% of the Poverty Guideline. Volunteer Legal’s income eligibility of 250% of the

Gary Singh, Loren K. Tilley, II, Valentina Stewart Watson, Bill Kanaka.

Guideline is therefore a gross annual income of $33,875 for an individual and $69,725 for a household of 4.

Volunteer Legal staff may request income verification such as pay statements or W2 forms.

Approximately 60% of those assisted by Volunteer Legal have incomes at or below 125% of the Poverty Guideline.

Q. How is Volunteer Legal different from Legal Aid Society of Hawaii?

While Volunteer Legal and Legal Aid Society of Hawaii (Legal Aid) service the same population, our models are different in that Legal Aid functions as a law firm with staff attorneys providing direct services and supplemented in some ways by pro bono service. Volunteer Legal has a small staff, some licensed attorneys, but primarily relies on volunteer attorneys to provide direct services.

There are also specific services that are unique to each organization. For

AP Bamrungruan, Michelle Acosta, Beverlyn Simina, Justine Herrera, Tara-Deen Henry

example, Legal Aid is much more equipped and has the expertise on public benefits and the Guardian ad Litem program. Volunteer Legal does not offer these services, but offers bench warrant removal and veterans benefits services. In instances where there is a high demand for a particular service, like family law, Volunteer Legal and Legal Aid are both needed to respond to those demands.

Both Volunteer Legal and Legal Aid are essential legal services in Hawaii. One agency alone cannot be expected to suffi-

ciently address the high demand for legal services in the low and moderate income community. To this end, both organizations are working closely together to ensure that resources are being spent wisely and strategically, and that services are complimentary and not duplicative of one another.

Both Volunteer Legal and Legal Aid believe that working collaboratively with one another benefits those in our community who so desperately need legal services.

Q. Is Volunteer Legal able to help people who do not speak English?

Volunteer Legal is committed to providing language access to those who are in need of it from outreach services, to Intake, and the various levels of pro bono services offered. There are staff members who speak Chuukese, Thai, and Tagalog and are able to communicate with program users in those languages. For all other languages, Volunteer Legal relies on language access agencies to provide such

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Poverty services.

We have been fortunate to have volunteers translate some of our event flyers and brochures into other languages. Of note is Mr. Paul Su, a Richardson School of Law student who has volunteered countless hours interpreting and translating for Volunteer Legal. We very much appreciate all the volunteers like Paul who give so much beyond just their legal skills to strengthen our program.

sonably compensated. Cases that are identified as fee-generating are referred to the Hawaii State Bar, Lawyer Referral and Information Services.

Volunteer Legal also does not accept criminal cases. For the most part, those who would otherwise qualify for our services, would be referred to the Office of the Public Defender. Volunteer Legal does have a special program called the Reemployment and Community Services (RACS) program, wherein we help qualified individuals lift bench warrants and resolve underlying violations through community service or payment plans.

which involves a good deal of motions writing and research, as well as the veterans benefits and pension project which allows a volunteer to focus on a specific legal matter. Of note is the newlylaunched Appellate Pro Bono Pilot Project which is in collaboration with the Appellate Section of the Hawaii State Bar Association. This Project may be of interest to volunteers who are not necessarily interested in other areas of law handled by Volunteer Legal.

The bottom line is, there is always something an attorney can do to help the low and moderate income community with their legal needs. Not all pro bono service need be direct service—indirect volunteer work is valuable too.

Q. Are there any costs associated with the services rendered by Volunteer Legal. If so, please describe.

Volunteer Legal charges an adminisQ. What are the volunteer opportrative fee for its services. Generally, protunities at Volunteer Legal? gram applicants whose income fall at or There are a variety of volunteer below 125% of the Federal Poverty opportunities at Volunteer Legal that fit Q. What is your message to attorGuidelines are serviced free of charge. various levels of time commitment and neys about volunteering for Those whose incomes rise above 125% experience. We understand that attorneys Volunteer Legal? are charged a fee based on their income and law students are busy, and have many We often talk about the justice gap for level. Administrative fees range those who have legal needs. from $25 to $100 depending on However, we don’t often think the service requested and the about the barriers for our legal financial resources of the applicommunity to provide pro bono cant. The administrative fees are service to meet those needs. When adjustable depending on the I was in private practice, I had the financial circumstances of each full intention to commit a portion program participant. of my time to pro bono work. But The fees help ensure a level with the realities of raising a of commitment from the proyoung family and making sure I gram participants. At Volunteer was meeting the responsibilities of Volunteer Seth Harris and Program Manager, Justine Herrera Legal, we place a high value on my practice, pro bono often took a the time and talent being offered back seat. However, whenever I by our volunteers. We understand that things competing for their time. As such, got a call or email request from Volunteer every hour spent at a Thursday evening or we are constantly working on ways to Legal, I found the time to volunteer and Saturday morning legal advice clinic, is an make volunteering accessible, and at the often was glad for the request and hour spent away from work and family. same time making sure that those volunreminder that someone needed my help.

Fees that are collected go to support teer opportunities are meeting a commuAfter volunteering, I was always glad that program costs like postage, supplies, and nity need in a meaningful way.

I made the time to do so. overhead costs like telephone and internet We have various levels of commitAttorneys should look for opportuniservices. ment available to volunteers. For those ties to volunteer whenever they can. And who don’t wish to have client interaction, if they can’t, then provide support so that Q. Does Volunteer Legal take any we have opportunities to train other volthose who are doing the work can continpersonal injury or medical malunteers and or staff on various subject ue to do so. For attorneys wishing to volpractice cases? What about crimimatters, or be a mentor to a newly unteer, programs like Volunteer Legal nal cases? licensed attorney handling a pro bono make it easier to do pro bono work from Volunteer Legal does not accept “feematter. For those wishing to try out a difpre-screened cases, to coordinating client generating cases” such as personal injury, ferent area of law, we offer training and meetings, training, and mentoring. When medical malpractice, or worker’s compenspecially-selected cases that are good there is such a high need for legal service, sation cases. Volunteer Legal is not in the “starter” cases. every donated hour aimed at meeting that business of competing with Hawaii attorThere are also specialized projects need is crucial for our justice system to neys in cases where attorneys may be realike the bench warrant recall project function properly and fairly.

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COURT BRIEFS 2015 Jurist of the Year and Employees Honored

First Circuit Court Judge Richard Perkins was presented with the 2015 Jurist of the Year Award by Chief Justice Mark Recktenwald at the Hawaii State Judiciary’s 2015 Statewide Incentive Awards Ceremony on October 2, 2015.

The Jurist of the Year is selected annually by the Chief Justice from nominations submitted by Hawaii attorneys and Judiciary personnel. The Jurist of the Year recognizes a full-time trial judge who exhibits exceptional judicial competence, evidenced by decisional quality; significant extra-judicial contributions to the administration of justice; and active participation in public service to the community at large.

In addition to being an outstanding trial judge, mentor, and leader, Judge Perkins has played an important part in shaping Hawaii’s Rules of Penal Procedure, having served as Chair of both the Permanent Committee on Rules of Penal Procedure and Circuit Court Criminal Rules and the Committee on Pattern Criminal Jury Instructions almost the entire span of his judicial career. He was instrumental as a member of the committee that reviewed Hawaii’s Penal Code ten years ago and is again serving on the committee tasked with reviewing it this year.

Along with Judge Perkins’ many other commitments, he has taken a leadership role in addressing the needs of individuals in the justice system with mental health issues.

“Judge Perkins is a consummate professional with keen knowledge, a strong work ethic and a deep commitment to public service,” said Chief Justice Recktenwald. “He is a humble and gracious person who treats all parties and counsel with respect. He has been a valued mentor to countless judges and others in the judiciary, and has earned the respect and admiration of his colleagues and the legal community.”

Justice McKenna Selected for the 2015 Daniel K. Inouye Trailblazer Award

Hawaii Supreme Court Associate

Justice Sabrina S. McKenna was one of five attorneys selected by the National Asian Pacific American Bar Association (“NAPABA”) to receive NAPABA’s highest honor – the Daniel K. Inouye Trailblazer Award. The award recognizes the outstanding achievements, commitment and leadership of lawyers who have paved the way for the advancement of other Asian Pacific American (“APA”) attorneys.

“Justice McKenna is a well-deserving recipient of the Daniel K. Inouye Trailblazer Award,” said Hawaii Supreme Court Chief Justice Mark Recktenwald. “Throughout her life, she has worked to achieve equal justice for all in Hawaii. We join NAPABA in congratulating her in this prestigious honor.”

The 2015 Daniel K. Inouye Trailblazers Awards was presented at a special ceremony on November 6, 2015, during the NAPABA Convention in New Orleans.

Maui Self-Help Center Volunteers Recognized for Service to the Community At the 2015 Access to Justice Luncheon on October 6, twenty-four attorneys and an AmeriCorps Advocate were recognized for their volunteer service in support of the Second Circuit’s Self-Help Center in the Maui courthouse. The recognition ceremony took place in the courtroom of Judge Rhonda Loo at Hoapili Hale.

In the past year, the Self-Help Center attorneys provided the Maui community with more than 200 hours of legal assistance, at no charge. Since the center opened in October of 2012, it has had over 1,800 visits by self-represented litigants. The attorneys have helped guide the unrepresented parties with court forms and processes, civil matters such as landlord/tenant issues, divorce, personal injury, collection cases, and temporary restraining orders.

The volunteers were recognized by Hawaii Supreme Court Chief Justice Mark Recktenwald, Intermediate Court of Appeals Associate Judge Daniel Foley, Second Circuit Chief Judge Joseph

Cardoza, Second Circuit Judge Rhonda Loo, and Hawaii State Bar Association (“HSBA”) President Gregory Markham.

The volunteer attorneys who were honored (and the number of pro bono shifts they worked at the Self-Help Center) are as follows: Ben Acob (23), Mary Blaine Johnson (18), Caroline Peters-Belsom (10), J. Kevin Jenkins (11), Valentina Stewart-Watson (1), Sonya Toma (10), Davelynn Tengan (1), Brianne Wong-Leong (8), Lynn ArakiRegan (4), Loren Tilley (6), Allison Mileur (2), Richard Minatoya (1), Yukari Murakami (8), Annalisa Bernard Lee (4), Sam Shnider (8), Keri Mehling (5), Gary Murai (3), Douglas Sameshima (1), Danielle Sears (3), Shae Aisha Hill (1), David Raatz (2), Lauren Akitake (1), Tim McNulty (2), Nicole Forelli (1), and Tracy Jones (1).

Also recognized was Magdalena Bajon, an AmeriCorps Advocate, who volunteers to run the Self-Help Center each week through the Legal Aid Society of Hawaii.

Chief Justice Recktenwald thanked the volunteers, the Maui County Bar Association, the HSBA, the Legal Aid Society of Hawaii, judiciary staff, and judges for their support of the Center.

For more information on the Maui Self-Help Center see: http://bit.ly/ 1MpcAOd

First row, left to right: Hawaii Supreme Court Chief Justice Mark Recktenwald, Second Circuit Judge Rhonda Loo, Second Circuit Chief Judge Joseph Cardoza, Intermediate Court of Appeals Associate Judge Dan Foley, HSBA President Greg Markham, Tracy Jones.

Second row, left to right: Caroline PetersBelsom, Magdalena Bajon, Ben Acob, Brianne Wong-Leong, Allison Mileur, Keri Mehling.

Back row: J. Kevin Jenkins.

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HSBA HAPPENINGS Board Action Summary

The HSBA Board took the following actions at its meetings in September and October: • Voted to ask the Hawaii Supreme Court to review the requests made by HSBA members concerning Formal Opinion No. 49 of the Disciplinary Board (the practice of law: medical marijuana dispensaries) and respond expeditiously; • Adopted the Executive Committee’s recommendation to approve of a YLD member to the ABA House of Delegates; • Adopted the Nominating Committee’s recommendation to reappoint the following individuals to the Hawaii State Board of Continuing Legal Education for 3-year terms beginning October 2, 2015: David Farmer, Judith Pavey, and Diane Sherman; • Adopted the joint Executive-Finance Committee’s recommendation to concur with the proposed 2016 budget of the Attorneys and Judges Assistance Program;

CLE requirement by conveniently watching recorded HSBA-CLE webcast courses online from the HSBA website.

Navigate to the HSBA CLE page now to browse your options. We will also be having a winter manual sale on select titles.

Requirements: Q: I am an inactive member now electing active status. What are my Continuing Legal Education (“CLE”) requirements?

A: You are required to complete and report 3 CLE credit hours, including 1 hour of approved ethics or professional responsibility education, within 3 months of electing active status. Rule 22(i) applies when a member changes their status from inactive to active, triggering the “3 within 3” rule. Proof of compliance (Certificate(s) of Attendance) should be submitted to the MCLE Administrator within three months of electing active status.

announcements will be sent to these addresses.

• If you are planning to change your status for the calendar year 2015, the 2016 online registration form should not be used. Changes in status effective for 2015 must be processed, including completion of the annual CLE requirement, [RSCH 22(i)] by December 31, 2015.

Need personal assistance? A special license renewal open house for calendar year 2016 has been scheduled during the week of December 14. Friendly face-toface service will be provided.

Congratulations to all HSBA Award Recipients

C. FREDERICK SCHUTTE AWARD Awarded to an attorney for outstanding and meritorious service to the legal community and the profession: Carol K. Muranaka

Please contact Debbie Blanton, MCLE Administrator at dblanton@ hsba.org for MCLE related requirements, questions and concerns.

Annual Renewal License Reminder

• Adopted the joint Executive-Finance Committee’s recommendation to concur with the proposed 2016 budget of the Lawyers’ Fund for Client Protection; • Voted to inform the Disciplinary Board of its concerns over its proposed 2016 budget, notably the $85 increase in fees for Active members and $70 increase in fees for Inactive members of the HSBA; • Adopted the joint Executive-Finance Committee’s recommendation to approve the proposed 2016 HSBA operating budget which does not increase member dues, and the voluntary dues requested by the HSBA Sections.

CLE Corner

Programs: You can complete your 16 December 2015

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The HSBA website registration portal for 2016 license renewal is scheduled to open on Tuesday, December 1, 2015.

The registration period runs through December 31, 2015. Consistent with the HSBA’s efforts to “go green,” printed forms will not be mailed. Renewal information will be posted on HSBA’s website at http://hsba.org/.

Tips for a “stress free” renewal: • Test your HSBA website access User ID and Password credentials at “My Account” at https://hsba.org/HSBA/ SignIn.aspx . If you cannot access your account please e-mail Liberty Castillo at lcastillo@hsba.org for assistance.

• Verify that your e-mail and mailing address are accurate. Renewal

GOLDEN GAVEL AWARD Awarded to an attorney or nonattorney for outstanding service to the state or federal judiciary in Hawaii: Judge Steven S. Alm

MALAMA HAWAII AWARD Awarded to an attorney for outstanding and effective non-legal community service activities that make a difference and improve the quality of life in Hawaii: Thomas Huber

PRESIDENT’S AWARD Awarded to an attorney or nonattorney whose extraordinary contributions and/or lifetime achievement best exemplify the mission statement of the HSBA: To unite and inspire Hawaii’s lawyers to promote justice, serve the public, and improve the legal profession: Jay Fidell

JUSTICE AWARD Awarded to a lawyer for outstanding pro bono work, support of legal activities beneficial to society, and/or encouragement of public education on legal issues Recipient: Jason Hirata

HSBA 2016 Officers & Directors

Officers: (Terms expire in 2016): President: Jodi Kimura Yi; PresidentElect: Nadine Y. Ando; Vice President: Howard K.K. Luke; Treasurer: Mark M. Murakami; Secretary: Russ S. Awakuni.

New Directors: (Terms expire in 2017): Rebecca A. Copeland, Kristin E. IzumiNitao, Carol S. Kitaoka (West Hawaii), Mei-Fei Kuo, Emiko L.T. Meyers (Kauai), Lisa W. Munger, Mark K. Murakami

LIBERTY BELL AWARD Awarded to a non-lawyer or organization that promotes a better understanding, appreciation, and respect of government, the legal system, and the role of law.

Recipient: Medical-Legal Partnership for Children in Hawaii

Continuing Directors: (Terms expire in 2016): Cecelia C.Y. Chang, Steven J. T. Chow, Vladimir Devens, Rhonda L. Griswold, Geraldine N. Hasegawa (East Hawaii), Derek R. Kobayashi, Georgia K. McMillen (Maui), Alika L. Piper YLD President: Ryan K.Y. Hew HSBA/ABA Delegate: (Term expires in 2017): James A. Kawachika Lawyer Referral and Information Service

The Lawyer Referral and Information Service (“LRIS”) has been a program of the HSBA for over 40 years. The LRIS allows bar members to choose from over 14 major categories and 80 subcategories from which to receive referral notification by email.

The LRIS screens over 12,000 requests annually.

Approximately a third of those requests are for neighbor island attorneys and calls are received from the continental United States and other countries.

The LRIS provides bar members an opportunity to build their client base with those who are prepared to pay for legal services, as well as providing networking opportunities for repeat and new client contacts. The cost to enroll is a $325 annual fee plus a $10 processing fee. For more information or to join the LRIS, contact the HSBA at 808-792-7350, email LRIS@hsba.org or visit the website at http://www.hsba.org/LRIS .aspx .

Ethics Requirement under Supreme Court Rule 22

Every active Hawaii-licensed attorney is required to complete one hour of approved ethics or professional responsibility education every three years. RSCH Rule 22(b). “Ethics or professional responsibility education” means those courses or segments of courses devoted to: • the Rules of Professional Conduct • the professional obligations of the attorney to the client, the judicial system, the public, and other lawyers; • substance abuse and its effects on lawyers and the practice of law; or • client trust administration, bias awareness and prevention, and access to justice.

Please refer to Supreme Court Rule 22 for more information on the mandatory continuing legal education (“CLE”) requirements. There are only three CLE credits required annually for active Hawaii attorneys.

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New Hawaii Legislation Bans Noncompete and Nonsolicit Clauses in Employment Contracts of Technology Business Employees

by Eaton S.K. O’Neill Hawaii courts have traditionally enforced noncompete agreements, provided that such agreements are not unreasonable or broad in scope. See e.g., Technicolor, Inc. v. Traeger, 551 P.2d 163, 166 n. 2, 170 (Haw. 1976) (post-employment restrictive covenant, which prohibited employee from competing with business or associating with competitors in the State of Hawaii for three years after termination of employment agreement, was allowable under applicable Hawaii law).

In Technicolor, the Hawaii Supreme Court stated that courts will find a restrictive covenant, such as a noncompete provision, unreasonable if “(i) it is greater than required for the protection of the person for whose benefit it is imposed; (ii) it imposes undue hardship on the person restricted; or (iii) its benefit to the covenantee is outweighed by injury to the public.” Id. at 170. In conducting a “reasonableness analysis,” courts consider the “geographical scope, length of time, and breadth of the restriction placed on a given activity.”

Id. (citing Harvey J. Goldschmid, Antitrust’s Neglected Stepchild: A Proposal For Dealing With Restrictive Covenants Under Federal Law, 73 COLUM. L. REV. 1193, 1196 (1973)).

On June 26, 2015, however, Governor David Y. Ige signed into law Hawaii’s noncompete ban bill (HB1090 HD2 SD2 CD1) (“Act 158”). Effective July 1, 2015, Act 158 amends section 480-4 of the Hawaii Revised Statutes (“HRS”) to prohibit the inclusion of “a noncompete clause or a nonsolicit clause in any employment contract relating to an employee of a technology business.”

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HRS § 480-4(d). New subsection (d) of HRS § 480-4 also provides the following definitions: “Information technology development” means the design, integration, deployment, or support services for software.

“Noncompete clause” means a clause in an employment contract that prohibits an employee from working in a specific geographic area for a specific period of time after leaving employment with the employer.

“Nonsolicit clause” means a clause in an employment contract that prohibits an employee from soliciting employees of the employer after leaving employment with the employer.

“Software development” means the creation of coded computer instructions.

“Technology business” means a trade or business that derives the majority of its gross income from the sale or license of products or services resulting from its software development or information technology development, or both.

Excluded from the definition of a “technology business” are those businesses that are a part of the broadcast

industry or any telecommunications carrier.

One obvious consequence of Act 158 is that employees in the technology industry may now freely switch to employment with competitors of their current employer. However, as the “nonsolicit clause” definition expressly applies to solicitations of employees, but not solicitations of clients or customers, Act 158 does not appear to prevent employers from including nonsolicitation clauses in their employment agreements that prohibit former employees from soliciting the employer’s clients or customers. Act 158 also specifically exempts from its restrictive scope those employment contracts that incorporate reasonable covenants prohibiting employees from using an employer’s trade secrets. See HRS § 480-4(c)(4), (d).

Section 4 of Act 158 provides that Act 158 “does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.” The effect of this section is not entirely without question. Some might argue that this section operates as a “grandfathering” clause that would permit a court to enforce “noncompete” and “nonsolicit” covenants contained in existing employment agreements of technology companies. Others might contend, however, that because the “noncompete” and “nonsolicit” covenants do not “mature” until termination of employment, the existing employment agreements with such covenants are subject to

the provisions of Act 158 and are, therefore, void. In the event Section 4 of 158 operates as a “grandfathering” clause for existing employment agreements of technology companies with and “nonsolicit” “noncompete” covenants, equally unclear is whether such covenants will be void in the event that other provisions of the employment agreements are subsequently amended, revised, or extended.

Act 158, pertaining only to employment contracts of technology business employees, is very limited in scope, especially when compared to the statutory noncompete bans of California, North Dakota and Oklahoma. See CAL. BUS. & PROF. CODE § 16600 (“Except as provided in this chapter, every contract by which anyone is restrained from engaging in a lawful profession, trade, or business of any kind is to that extent void.”); N.D. CENT. CODE § 9-08-06 (subject to limited exceptions, “[e]very contract by which anyone is restrained from exercising a lawful profession, trade, or business

of any kind is to that extent void”); OKLA. STAT. tit. 15, § 217 (“Every contract by which any one is restrained from exercising a lawful profession, trade or business of any kind, otherwise than as provided by Sections 218 and 219 of this title, or otherwise than as provided by Section 2 of this act, is to that extent void.”). Although a broader version of Act 158 was introduced in 2014 (SB3126 SD2) with a more expansive definition of a “technology business,” and applicable to both technology business employees and licensed physicians, that bill was ultimately deferred.

The motivation behind Act 158 was the legislature’s findings that (i) “restrictive employment covenants impede the development of technology businesses within the State by driving skilled workers to other jurisdictions and by requiring local technology businesses to solicit skilled workers from out of the State”; and (ii) noncompete and nonsolicitation agreements are “duplicative and overreaching protections” considering that

employer trade secrets are already protected under the federal Uniform Trade Secrets Act and under HRS § 4804(c)(4). See Act 158, Section 1. The legislature also determined that “embracing employee mobility is a superior strategy for nurturing an innovation-based economy,” whereas “a noncompete atmosphere hinders innovation, creates a restrictive work environment for technology employees in the State, and forces spin-offs of existing technology companies to choose places other than Hawaii to establish their businesses.” Id. Considering the prior attempt to enact a broader version of Act 158, noncompete and nonsolicitation agreements with non-technology business employees may ultimately be addressed in the future. In the meantime, such agreements remain enforceable as long as they pass the “reasonableness analysis” under Hawaii law.

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2015 Conference

Approximately 260 people attended the seventh Access to Justice Conference with the theme, “Narrowing the Justice Gap” on Friday, June 19, 2015 at the William S. Richardson School of Law. The Cades Foundation was acknowledged for its generosity in providing a grant to assist in defraying the costs of the conference. Rhonda Griswold and Larry Takumi, trustees of The Cades Foundation, were in attendance at the conference.

In his welcoming remarks, Hawaii Supreme Court Chief Justice Mark Recktenwald stated: One of the greatest challenges to equal justice today is the lack of effective access to our civil justice system. The reason is simple—people who have low or even moderate incomes cannot afford to hire an attorney to represent them in their civil legal cases.

Although there are legal services providers like the Legal Aid Society of Hawaii who do an amazing job representing indigent clients, they have nowhere near enough resources to meet the need.

As a result, every year in Hawaii, thousands of people must represent themselves in our civil courts, trying to navigate a system that is foreign to the average layperson.

Many of them simply give up.

Ensuring that every person’s voice is heard when their legal rights are threatened is not a luxury—rather it is at the very foundation of the legitimacy of our courts, and therefore, our democracy. We are talking about fundamental human needs— housing, health care, the ability to participate in raising

Hoyt Zia, Catherine Ngo, Chief Justice Mark Recktenwald, Robbie Alm, Gregory Kim

one’s child. When these decisions makes neighborhoods safer and are made without hearing every side more stable and desirable. It of the story, the promise of justice reduces the number of abused and for all rings hollow. . . . elderly who require emergency servHawaii’s work on access to jusices and subsequent follow-up social tice issues is being noticed across the services, thereby reducing the costs country. Last year, the National of those services for taxpayers. It Center for Access to Justice combrings federal monies into the state pleted an independent study of each through assisting those in need with state justice system across the coundisability claims. Legal aid saves try. Hawaii was ranked among the jobs by helping families obtain the top five for expanding access to jusright services for their children, tice. We were rated number one for leading to a more stable workforce. providing services to litigants who We need to find ways to convey this represent themselves and tied for message and build more partnerfirst in providing support for people ships. with disabilities. I’m very proud of Commission Chair Daniel R. Foley what this says about the strength of the access to justice movement here presented his personal story and in Hawaii, and I am grateful for all described his work as a Peace Corps volthe hard work it represents. . . . unteer in Lesotho in southern Africa in Although increasing access to 1969.

When the country erupted in a justice is the right thing to do, it also civil war, he was labelled a communist makes good business sense. and expelled. He visited Micronesia and Throughout the country, economic value studies have shown that stayed for eight years helping with the increased provision of legal services to those of low and moderate incomes benefits not only those individuals, but also the economy.

Studies are showing that the time and money invested pays off at an exceptional rate: a New York study suggested there was a $5 return to the economy for every dollar spent on civil legal services.

Why is that return so high? There are a number Judge Daniel Foley, Chair of the Hawaii Access to Justice of reasons. Legal aid Commission

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writing of constitutions and statutes and other governing documents. “Sharing was part of the culture,” he said.

When he returned to Hawaii, Judge Foley joined the ACLU as a staff attorney and he remembers that his first big case involved the prison system and its condition. Without that lawsuit, prison conditions would not have improved, he stated. Later, in December 1990, several same sex couples wanted to obtain marriage licenses and were refused. “I told the clients not to expect much,” said Judge Foley, “because no laws at that time were favorable.”

Judge Foley was successful in the Baehr case and so commenced the societal change. He treasures his pro bono work and recommends it strongly.

In his keynote address, “Narrowing the Gap: Access to Justice in Today’s Realities,” Jonathan D. Asher, who is the Executive Director of the Colorado Legal Services, said: In Colorado, as here in Hawaii, the Supreme Court and the judiciary have been leaders in improving the justice system for those in need.

In Colorado, the Supreme Court has mandated the acceptance by local courts of state approved uniform forms essential to efforts to systematize materials for pro se litigants and the training of pro bono attorneys willing to help those in need. The Colorado Supreme Court has simplified many court proceedings. The Court has adopted rules to facilitate and support discrete task unbundled representation, and when the rules were not widely used, the Court revised them again, easing a lawyer’s withdrawal after the limited service was provided, making withdrawal automatic, in the hope that more lawyers would start to provide limited scope service. . . .

Let me interject that many of these initiatives were heavily criti22 December 2015

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cized by members of the Bar, as anything new will be. Some believe that judicial leadership on equal justice issues conflicts with judicial neutrality, that judges should sit back and not advance any cause.

As Laurence Tribe, the first Senior Counsel for Access to Justice at the U.S. Department of Justice said in 2010 “…there is a basic and often ignored difference between neutrality and judicial inactivity, between judicial objectivity and judicial passivity.” He shared that: Perhaps the greatest image we

can conjure of a wise judge is that of Solomon. We all remember his creative, preDNA test, solution to the problem of adjudicating the contested issue of maternity between two women making competing parental claims to the same infant. The wise king’s proposed solution, which he sprang on the women when he suggested splitting the baby in two while he watched the reactions of both claimants to motherhood, was the very essence of neutrality and objectivity, but, Tribe said, “It was hardly passive. It was as active as all-get-out.

Solomon’s wisdom sprang from making justice an active verb.”

I encourage all of you, members of the Court, the judiciary, the Bar, the Law School and those of you who simply care about these

issues, to be as active as all-get-out.

But I don’t think that being active is enough. I encourage you, in your efforts to expand access to justice, to reflect on the difference between access to justice and justice itself. . . .

We should not accept what, I fear, is increasingly two tiers of justice – one for those who can afford counsel and another for those who can’t.

I will feel that things are more equal when we tell the CEO of a major corporation that you are pretty bright, you speak English well, so you should go to a website and it will walk you through how to fill out a form and respond to the other party’s patent infringement or trademark claim. No. Only those without means are triaged and told that legal information and an interactive website is all that you will get.

Some may make the choice that that is all that they need or want – just information. But while that is fine for those who chose it, we should not accept it for those who have no choice, when we make the choice for them.

Of course, 100% of those in need should get something, but the goal isn’t something– the goal is justice – not just access to the courts – opening the door to the courthouse.

As Chief Justice Lippman of New York said, there is no point in opening the door if you can’t get justice once you are inside – the goal is not increasing judicial efficiency, it is ensuring the right response to someone’s legal need, it is the pursuit of justice, not just access.

Technology is a helpful tool, but it is not the end, it is not justice.

A computer can, if programmed well and used wisely, help move us in that direction, as it should, but that is all it can do.

We need to test, and then implement, new and broader strategies, beyond just additional

resources for legal aid programs – as important as that is – we must help meet the full range of legal needs of low-income people and communities and that those needs, whether within or outside of the court system, should be considered and addressed. . . .

A Greek philosopher, when asked when justice would come to Athens, stated that justice would only come when those who are not injured are as indignant as those who are. I believe that I am in the company of the indignant and that Hawaii will be well served by your thoughtful concern and indignation.

and an estimated 54 attendees.

3. “Access to Justice for Individuals with Neurocognitive Disorder (Dementia) and their Caregivers” with Dr. Iqbal Ahmed and Professor James Pietsch and an estimated 46 attendees.

4. “Delivering Pro Bono Services to Rural Communities (includes providing legal assistance for natural disaster relief)” with Michelle Acosta and Tim Lui-Kwan and an estimated 23 attendees.

There were two concurrent morning workshops. Chief Justice Recktenwald led the “Engaging the Business Community in Access to Justice” workshop with Robbie Alm, president, Collaborative Leaders Network; Gregory R. Kim, Convergent Law Group LLP; Catherine Ngo, president and chief executive officer, Central Pacific Bank; and Jonathan Asher, Executive Director, Colorado Legal Services Hoyt H. Zia, senior vice president, general counsel and corporate secretary, Hawaiian Airlines, Inc.1 There were over 100 participants in this workshop.

Tracey Wiltgen, executive director, The Mediation Center of the Pacific, led the other morning workshop, “What’s Mediation Got to Do with Access to Justice?” Joining her in this workshop were Judge Ronald Ibarra, Judge Jennifer Ching, and Judge Michael Tanigawa. There were approximately 120 attendees who signed up for this workshop.

There were five concurrent work- Justice Simeon Acoba (ret.), former Commission Chair shops for the first afternoon session: 1. “More Than Just Interpreting Words! (Cultural and Linguistic Barriers for Micronesians to Access Justice)” with Jean Johnson, Dr. Sheldon Riklon, and Beverlyn Simina and an estimated 55 attendees.

2. “Using Non-Attorneys to Close the Justice Gap” with R. Elton Johnson, III, Robert LeClair, and Nanci Kreidman

5. “Access to Justice for Juveniles and Foster Children” with Judge R. Mark Browning, Mark Patterson, and Laurie

6. “Lack of Representation for NonEnglish Speaking Residents” with Calleen Ching and Gary Singh and an estimated 41 attendees.

7. “Landlord-Tenant, Homeless, and Other Housing Issues” with Camille K. Kalama, Jenny Lee, Sharla Manley, and Gavin Thornton and an estimated 67 attendees.

8.

“Technology and Access to Justice” with Judge Don Horowitz (ret.), Nalani Fujimori Kaina, and Sherrie Seki and an estimated 56 attendees.

9. “Incubator Projects and Loan Assistance Programs” with Avi Soifer, Matt Tsujimura, and Keani Rawlins-Fernandez and an estimated 25 attendees.

10.“Bankruptcy Law and Consumer Debt Issues” with Johnathan Bolton and David Farmer and an estimated 29 attendees.

The closing panel focused on “Narrowing the Justice Gap” with Chief Justice Recktenwald, Judge Foley, Jon Asher, and Associate Justice Simeon R. Acoba as moderator, with a discussion on ways that unmet needs can be reached outside of the courtroom door by the Judiciary and by the Commission; not losing sight of achieving justice in efforts to improve access to justice, that is, to the courts; and possible priority initiatives for the future.

The 2015 Access to Justice Conference sponsored by the Hawaii Access to Justice Commission was another successful event. __________________ 1 More information about the Business Panel workshop and other workshops can be found at

Tochiki and an estimated 46 attendees.

<www.hawaiijustice.org /hajc/access-to-justice-commission>. The welcoming remarks of

For the second part of the afternoon, there were another five concurrent workshops as follows:

Chief Justice Mark Recktenwald and the keynote address by Jonathan Asher are also posted at the website.

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3) Kevin Yolken

Landshark Invitational Surf Contest

by Mihoko Ito On September 13, 2015, your fellow landsharks took to the water for the annual Landshark Invitational Surf Contest at Kewalos point. Despite the threat of heavy rain, it was a beautiful sunny day, and about 50 lawyer and law student contestants had fun in two- to three-foot surf. The day was festive from start to finish with tunes by Everlasting Sound Productions, William S. Richardson School of Law (“WSRSL”) student volunteers led by student coordinator Derek Brow, a komubcha tent by WSRSL alumni David and Shannon Yarber, and an exciting raffle featuring a beautiful yellow longboard donated by WSRSL alumna Lea Hong.

Many thanks to contest sponsors (Alston Hunt, Ashford & Wriston, Ayabe Chong Nishimoto Sia & Nakamura, Bickerton Dang, Cronin Fried Sekiya Kekina & Fairbanks, Damon Key Leong Kupchak Hastert, Keker & Van Nest, Leavitt Yamane & Soldner, Lexis Nexis, WSRSL Alumni Association), Everlasting Sound Productions (Gabriel Preciado), SKY Kombucha (David and Shannon Yarber), XCEL, Villain Clothing (Carl Ewing), Lea Hong (for her generous raffle donations), WSRSL student volunteers, and the many lawyers and students that competed in and helped with the event. Proceeds from the event were donated to the WSRSL Environmental Law Society.

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Men’s Longboard Loio (40-55) 1) Blake McElheny 2) Doug Wong 3) Mike Carroll

Congratulations to the following Landsharks who placed in their divisions.

Men’s Shortboard - Opio (under 40) 1) Sinclair Salas-Ferguson 2) Kumau Pineda 3) Cameron Black Men’s Shortboard - Loio (40-55) 1) Blake McElheny 2) Doug Wong 3) Mike Carroll Men’s Shortboard – Makule (over 55) 1) Stuart Gasner 2) Neal Kugiya 3) Jim Bickerton Women’s Shortboard - Over 35 1) Bianca Isaki 2) Dawnie Ichimura 3) Mihoko Ito Women’s Shortboard - Under 35 1) Tiffany Gourley 2) Justine Chmielewski Men’s Longboard Opio (under 40) 1) Cameron Black 2) Kumau Pineda

Men’s Longboard – Makule 1) David Nakashima 2) Wes Sakai 3) Bill Saunders Women’s Longboard 1) Mihoko Ito 2) Jenny Silbiger 3) Dawnie Ichimura Men’s Bodyboard 1) Doug Wong; 2) Jimmy Nakano Women’s Bodyboard 1) Natalie Younoszai 2) Dawnie Ichimura 3) Mihoko Ito Men’s SUP 1) Blake McElheny 2) Clay Valverde 3) Larry Remillard Novice 1) Teresa Tumbaga 2) Rico Von Allmen Aloha Spirit Award Jimmy Nakano Best Wipeout Mihoko Ito Costume Contest Mihoko Ito (costume - bacon)

2015 Pro Bono Celebration

“Without the tremendous work and dedication of the staff, boards, and volunteers of the nonprofit legal services providers, thousands in our community would be denied access to justice.”

— Hon. Daniel R. Foley, Chair, Hawaii Access to Justice Commission

The Hawaii Access to Justice Commission’s Pro Bono Celebration on Thursday, October 29, 2015 attracted more than 150 attendees.

Hawaii Supreme Court Associate Justice Simeon Acoba (ret.), former Chair of the Hawaii Access to Justice Commission (“Commission”) opened the ceremony by acknowledging that Hawaii was joining other jurisdictions in a nationwide celebration of pro bono efforts.

Governor David Ige, Chief Justice Mark E. Recktenwald, and HSBA bar president Gregory Markham expressed appreciation to the volunteer attorneys and the high school students for recognizing volunteerism.

The 2015 Pro Bono Honorees • The Mediation Center of the Pacific (“Mediation Center”) recognized Constance Hassell for her dedication since 1989 as a mediator in a broad variety of case types in paternity, divorce, business, workplace, temporary restraining orders, and others.

• The Business Law Corps (“BLC”) recognized Ryan K. Hew for his contributions to the organization since its inception.

• Native Hawaiian Legal Corporation recognized James K. Kawahito for his pro bono work on the Davis v. Sakai case, where he served as class counsel in a prison26 December 2015

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Chief Justice Mark Recktenwald, Judge Daniel Foley, Governor David Ige, John Rhee, Gavin Thornton

er rights lawsuit that deals with accommodating Native Hawaiian religion in prison.

• Volunteer Legal Services Hawaii recognized Judge Dyan M. Medeiros for her pro bono work for over 20 years.

• Domestic Violence Action Center (“DVAC”) recognized Dyan Mitsuyama and Jill Hasegawa for their help with its divorce and paternity caseload, • Legal Aid Society of Hawaii recognized the Young Lawyers Division (“YLD”) volunteers who worked on the updates to the Disaster Relief Assistance Manual: Marissa Machida, Heather Moore, Seth Corpuz-Lahne, Heather Uekawa, Courtney M. Crawford, Juliette B. McCullough, and Normand R. Lezy.

• Hawaii Appleseed Center for Law and Economic Justice recognized John Rhee who served as lead counsel on two Hawaii Appleseed cases over the past three years.

• American Civil Liberties Union of Hawaii (“ACLU”) recognized Matthew Winter for his extensive pro bono work with the organization The Access to Justice Rooms Volunteers Judge Barbara Richardson, Judge R. Mark Browning, and Representative Karl Rhoads honored the volunteers who staffed the Access to Justice Rooms at the Honolulu District Court and at the Kapolei Family Court.

The attorneys and law firms/offices

that volunteered for 2015 are: January: Ayabe Chong Nishimoto Sia Nakamura February and March: Justin Adam Brackett, Patricia L. Cookson, Jessica R. Domingo, Tred R. Eyerly, Elwen A. Freitas, Arlette S. Harada, David J. Hoftiezer, Kurt I. Kagawa, Bernice L.C. Krause, Naomi M. Kusachi, Heather E. Moore, Cheryl A. Nakamura, Terri A. O’Connell, Alana Peacott-Ricardos, Cherrylina C. Piedad, Scott Prange, Radji O. Tolentino, Jefferson S. Willard and the Hawaii Filipino Lawyers Association April: Carlsmith Ball May: Starn O’Toole Marcus & Fisher / Schlack Ito June: Ashford & Wriston July: Cades Schutte August: Goodsill Anderson Quinn & Stifel September: Alston Hunt Floyd & Ing October: Office of the Public Defender/ Bronster Fujichaku Robbins November: Damon Key Leong Kupchak Hastert December: Yamamoto Caliboso /Marr Jones & Wang The attorneys who volunteered at the Kapolei Access to Justice Room and the Motions to Set project in April 2015

Kevin S. were: The sponsors for the Adaniya, John C. $500 cash awards for Bryant, Jr., Richard J. each of the students Diehl, Jessi L.K. Hall, were: Bank of Hawaii ; Jill M. Hasegawa, O’Connor Playdon & Stephen T. Hioki, Mari Guben; Chang Iwamasa L. Kishimoto Doi, Erin & Chiu; Clay Chapman M.C.L. Kobayashi, Iwamura Publice & Lynnae L.L. Lee, Dyan Nervell; Pacific Law Mitsuyama, John A. Group; and Sullivan Montalbano, Michelle Meheula Lee. K. Moorhead, Mei The 2015 essay award Nakamoto, and recipients were: Gemma-Rose Poland Krizhna Bayudan, Soon.

Lahainaluna High Chief Justice Recktenwald, Judge Foley, Governor Ige, James Kawahito, Moses Haia.

Other attorneys School, Grade 10; who volunteered at the Shaun Gonzalez, Kapolei Access to Kealakeke High School, Justice Room were: P. Grade 10; Jayson Gregory Frey, Noah Hawthorne, Kapaa Gibson, Seth Harris, High School, Grade 11; John D. Hughes, Ann S. Victoria Huynh, Kalani Isobe, Marianita Lopez, High School, Grade 12; Louis J. Markee, Jr., Joshua Lawrence, Ellen B. Politano, Evans Kalaheo High School, M. Smith, Dean A. Grade 12; and Corina Soma, Tom S. Quach, Kalani High Tanimoto, Jacqueline School, Grade 12.

E. Thurston, Carol A. Judge Foley, Chair of Tribbey, and Sandra the Hawaii Access to G.Y. Young.

Justice Commission, Chief Justice Recktenwald, Judge Foley, Governor Ige, Miriah, Holden, Marissa Other lawyers who provided closing comMachida, Ryan Loeffers, Nalani Fujimori Kaina helped with the ments and thanked Motions to Set project everyone for the past were: Jennifer L. Chan, seven years of working Thomas E. Crowley, together. Justice Acoba III, William C. Darrah, surprised Judge Foley Thomas D. Farrell, with a plaque of appreGeoffrey Hamilton, ciation for being a Steven L. Hartley, “super pro bono lawyer” Desiree L. Hikida, and changing the world Amanda O. Jenssen, with Baehr v. Lewin, the Charles T. Kleintop, case involving the freeRoxanne Kwong, dom for same-sex couEdward R. Lebb, ples to marry.

Justice Richard Pollack, Justice Paula Nakayama, Chief Justice Recktenwald, Justice Sabrina Timothy Luria, Elsa The Pro Bono McKenna, Justice Michael Wilson; back row: Constance Hassell, Ryan Hew, Matthew Winter, F.M. McGehee, Naoko Celebration was signifiDyan Mitsuyama, Jill Hasegawa, Judge Dyan Medeiros.

C. Miyamoto, Cathy Y. cant in that it highlights The Essay Award Recipients Mizumoto, Courtney N. Naso, Elizabeth the dedication of attorneys in the comThe theme for this year’s essay conPaek-Harris, Anthony A. Perrault, munity who do not wait on the sidelines test, open to high school students in Alethea K. Rebman, Stephanie A. to be invited to help; they accept the grades 10 through 12, “How to Inspire Rezents, Justin L. Sturdivant, Jo-Ann K. challenges of engaging in pro bono work Fellow Students to Volunteer” attracted Takara, Sheila Vierra, and Craig G.H. without the need for accolades. They do more than 240 essays.

Yim. it because there is a need. They do it because it is just.

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CASE NOTES Appeal Pointers An opening brief may be stricken and the appeal may be dismissed or sanctions may be levied against an appellant if the opening brief does not contain a statement of points of error in the form required by HRAP 28(b)(4). HRAP 30.

Supreme Court Civil Procedure

Patrickson v. Dole Food Co., Inc., No. SCWC 30700, October 21, 2015, (McKenna, J.). This appeal challenged the circuit court’s grant of partial summary judgment against Plaintiffs on statute of limitations grounds. At issue on certiorari was whether the filing of a putative class action in another jurisdiction operated to toll this state’s statute of limitations, and, if so, at what point, under the

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particular circumstances of this case, did such tolling end. The Hawaii Supreme Court held that the filing of a putative class action in another jurisdiction does toll the statute of limitations in this state, as such “cross-jurisdictional tolling” supports a primary purpose of class action litigation, which is to avoid a multiplicity of suits. See Levi v. University of Hawaii, 67 Haw. 90, 93, 679 P.2d 129, 132 (1984).

Further, under the unique circumstances of this case, cross-jurisdictional tolling ended when the foreign jurisdiction issued a final judgment that unequivocally dismissed the putative class action. In this case, Plaintiffs’ Complaint was filed within two years (the applicable limitations period) of the filing of the final judgment and, therefore, was not time-barred.

Quiet Title Kaupulehu Land LLC v. Heirs and

Assigns of Pahukula (k), No. SCWC 30475, October 8, 2015, (McKenna, J.). This case involved a title dispute between Petitioner/Plaintiff-Appellee Ka‘upulehu Land LLC (“KLL”) and Respondents/Defendants-Appellants Heirs and Assigns of Pahukula, et al. (collectively “Defendants”), stemming from KLL’s “Complaint to Quiet Title” to the property at issue (the “Property”). Despite having obtained the Property through paper title derived from a common grantor, KLL claimed that it and Defendants’ title to the Property was defective because the common grantor had actually sold the Property prior to his death. KLL claimed that neither it nor Defendants received valid title to the Property.

KLL claimed that it was therefore entitled to one-hundred percent (100%) of the Property through adverse possession.

In the alternative, KLL claimed that if title to the Property descended to the common grantor’s heirs, it was a cotenant with Defendants. Defendants, on the other hand, argued that they and KLL are co-tenants because they both received their interests in the Property through a series of conveyances stemming from the common grantor. The Hawaii Supreme Court held that: (1) the evidence presented by KLL was not sufficient to establish that the common grantor was not vested with title to the Property when he died.

Therefore, title to the Property descended in accordance with the law in effect at the time of the common grantor’s death to his heirs; and (2) Defendants and KLL were co-tenants, having received interests in the Property through mesne conveyances stemming from the common grantor.

Intermediate Court of Appeals Civil Procedure Ramos v. The Estate of Peter Joseph Elsenbach, No. CAAP-14-0000897, (Foley, J.; Reifurth, J. dissenting).

Appellant contended that the circuit court erred by: (1) denying her petition for relief and allowance of claims based on a finding that it lacked jurisdiction to grant the petition; (2) failing to consider and apply Hawaii Probate Rules 3 and 10 when dismissing Appellant’s petition; and (3) requiring Appellant to commence a proceeding before the appointment of a personal representative. The ICA concluded that the circuit court erred in holding that it did not have jurisdiction over Appellant’s petition, applying the two-day extension of service by mail rule to her disallowance letters.

Reifurth, J. dissented, concluding that HPR Rule 10(d) does not apply in

the case of a petition filed under Haw. Rev. Stat. § 560:3-806(a) and therefore does not enlarge the filing period in this case. Without the two-day enlargement for service by mail, Appellant’s petition was untimely.

Collections Mount v. Apao, No. CAAP-140000922, October 22, 2015, (Foley, J.).

Appellants contended that the circuit court did not have jurisdiction to garnish funds held by Title Guaranty Escrow Services, Inc. (TG) because distribution of the assets of an estate is subject to the Probate Court’s exclusive jurisdiction.

The ICA held that while the probate estate was still undergoing formal probate proceedings, the circuit court issued its garnishment order. The circuit court erred in garnishing the probate estate’s funds to partially satisfy the Appellee’s money judgment against a co-personal representative of the probate estate.

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OFF THE RECORD The Hawaii Chapter of the American Planning Association honored David Callies with the Donald Wolbrink Chapter Achievement Award 2015 for his contributions in helping members stay current on issues in planning law and in maintaining their certification by means of his engaging lectures.

He received his award at the Hawaii Congress of Planning Officials Conference luncheon on Thursday, October 15 at the Hawaii Convention Center.

Justice Sabrina McKenna and David Louie were among the honorees of the 2015 Daniel K. Inouye Trailblazers Awards presented at a special ceremony during the 2015 NAPABA Convention in early November 2015 in New Orleans. Justice McKenna was a trial judge for 17 years before joining the Hawaii Supreme Court in 2011 as its third woman and as the first open member of the LGBT community of Asian Pacific heritage to serve on a state court of last resort. Throughout her career, she has pursued civil rights, social justice, and equality in access to justice for all.

As a young associate in the early 1980s, she successfully advocated for her firm to provide 50 hours of annual billable hour credit for pro bono time, a policy that was also later adopted by other Hawaii firms. Justice McKenna oversaw implementation of Hawaii’s court interpreter certification program, instituted a policy requiring free language access for all participants in Oahu’s family courts as the then presiding judge, then advocated for adoption of the same policy for the entire judiciary. As an appellate and trial judge over the last 22 years, she has ruled in many high profile and important cases.

Louie most recently served as the attorney general of the State of Hawaii from 2011 to 2014— the first ChineseAmerican attorney general in the nation.

As attorney general, he was the chief law enforcement officer for the state, providing advice, counsel, and representation to all aspects of state government on all 30 December 2015

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legal matters for the state, both civil and criminal. He helped to pass and defend Hawaii legislation legalizing same sex marriage, settled 30-year-old claims of Native Hawaiians against the State for $200 million, negotiated a $40 million conservation easement on 665 acres of ocean front land, and worked with other state attorneys general on the national mortgage foreclosure settlement, Internet safety and consumer protection.

Steven Hartley was sworn in as Per Diem Judge of the District Court of the First Circuit by Chief Justice Mark E. Recktenwald at Aliiolani Hale on September 29.

Paul A. Meares and Tatyana E. Cerullo joined the Rufo Law Group as of counsel. Meares is a seasoned litigator and per diem judge and is also licensed in the Republic of Indonesia; his practice focuses on business, real estate, and bankruptcy law and litigation. Cerullo is a principal at Marshall Islands Lawyers and is also licensed in New York and the Marshall Islands; her practice focuses on corporate and maritime law and litigation. Meares and Cerullo will work in the Firm’s Medical Malpractice/Wrongful Death/Catastrophic Injury division.

Ashley R. Fukutomi joined Tom Petrus & Miller as an associate. She graduated from the William S. Richardson School of Law, cum laude, and clerked for Judge Edwin C. Nacino.

Ewan C. Rayner and Lauren K. Chun joined Goodsill Anderson Quinn & Stifel as associates. Rayner practices in the areas of litigation and environmental law. He served as law clerk to Chief Justice Mark E. Recktenwald and was also a former volunteer summer clerk with Judge Karen T. Nakasone.

Chun also practices in litigation. She previously clerked for Intermediate Court of Appeals Judge Katherine G. Leonard.

Renee Sonobe Hong is the new state Sheriff Division administrator.

She was previously a deputy attorney general for the Department of Public

Safety, Department of Hawaiian Home Lands and the Housing Division of the attorney general’s office. Prior to that experience, she served as first deputy corporation counsel for the Department of the Corporation Counsel, City and County of Honolulu.

Bryan Andaya was appointed to the board of directors of the Honolulu Board of Water Supply. He is vice president and chief Operating officer of L & L Franchise. Prior to joining that company, he was an attorney at Imanaka Kudo & Fujimoto.

Lorenn Walker won the overall women’s solo division of the “24 Hours of Hell in Paradise” mountain bike race held in extremely muddy conditions at Kualoa Ranch October 3-4, 2015. She completed 12 laps of the 5 mile course beating the second place female competitor who completed 8 laps. Lorenn also came in ahead of the third place man who completed 11 laps. When she received her medal, Lorenn age 63, and author of Aging With Strength, said: “Here’s one for the grandmas!”

Elsa F. Menor McGehee was selected as a 2015 Distinguished Alumni of Sacred Hearts Academy.

The newly elected board of directors of the Federal Bar Association, Hawaii Chapter, are: Sherry P. Broder, President, Law Offices of Sherry P. Broder; Wayne D. Parsons, President-Elect, Wayne Parsons Law Offices; Michael M. Purpura - Vice President, Carlsmith Ball LLP; Sue Beitia, Secretary, Clerk, U.S. District Court, District of Hawaii; Susan Tius, Treasurer, Rush Moore LLP; Claire Wong Black, Committee Chair, Alston Hunt Floyd & Ing; Howard MacPherson, Committee Chair, Cronin, Fried, Sekiya, Kekina & Fairbanks; Andrew Lautenbach, National Delegate, Starn O’Toole Marcus & Fisher; Sharon V. Lovejoy, Past President, Starn O’Toole Marcus & Fisher; and Michael Albanese, Young Lawyer Chair, Office of the United States Attorney.

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