Nov. 4 Doe Hearing a Special Day

November 5, 2004

Contributed by Thomas Yoshida

While no decision is expected for several months, I am pleased to report that Kamehameha Schools made its very best case to the Appeals Court judges. Our legal team, led by Vice President for Legal Services Colleen Wong, by private attorney Crystal Rose, and represented in court by Stanford Law School Dean Kathleen Sullivan, was very well prepared and was able to make every point we felt important to our case. Moreover, Dean Sullivan was able to respond knowledgeably - and where appropriate, passionately - to every question posed by the three-judge panel. In the words of our Trustee Chairman Nainoa Thompson, "Kathleen was awesome!"

Chairman Thompson tied the feeling of strength and togetherness that we all felt throughout the day to the outpouring of support Kamehameha Schools has received from our 'ohana and from the larger community that has blessed us from the very outset. The strength we gained from our supporters, whether they were with us physically or in prayer, was powerful. "Your mana helped change the course of this court case from where it could have gone to where it did go," Nainoa told supporters after the hearing. "It made a huge difference."

Trustee Bob Kihune, too, was very upbeat about the way the day progressed for Kamehameha Schools, and he spoke for all of us when he acknowledged the broad support for our policy from across the state and beyond. "Community support throughout this entire period has been outstanding," he said. "From the day we learned about the lawsuit in June 2003 until today, we have received nothing but encouragement and support from across the state and from virtually every sector or our community. We are most grateful for this support, and we are both encouraged and strengthened to know that such an overwhelming majority of the people of this state believe in the role and purpose of Kamehameha Schools."

Trustee Constance Lau observed that a key to Kamehameha's policy being upheld is assuring the judges that the policy does not "trammel the rights" of others. She pointed out that the broad community support demonstrated - and documented - since the lawsuit was filed clearly indicates that it does not. "Kamehameha's mission is a very special one," Trustee Lau said. "It does not take away from our state, but actually helps to make our state a very special one. The aloha that comes from the Hawaiian culture has permeated all of the state of Hawai'i, and we believe everyone understands that."

Since no decision is expected immediately, Trustee Vice Chair Diane Plotts reassured supporters after the hearing that they could feel comforted in the knowledge that the hearing was just one more step in what promises to be a long process, and that the Board's commitment to Kamehameha's mission remains solid. "The Trust is sound, the resources of Pauahi are still there, and your Trustees pledge to keep expending the monies wisely to expand the reach, to continue the education process, and to reach as many children of Hawaiian ancestry as possible," she said. "We are going to continue the work that we have pledged to you all along to achieve the strategic plan and deliver the mission."

Trustee Douglas Ing, who likewise was encouraged by the way the arguments went in court, reminded all of us that the outcome of this case remains to be determined. "Intellectually, I think we all realize that this is a very, very tough case," he said. "The decision is now in two sets of hands: those of the judges who live in this world of legal doctrine, and the greater set of hands - the hands of the Lord."

I was honored to have shared this day with a group of such outstanding individuals as our Board of Trustees, our Legal Team, our educational leaders, student, alumni and community leaders, and the hundreds of supporters who came out on a work day to share their mana in defending our admissions policy. I was also struck by the presence of our founder herself, which became more apparent through an extraordinary sequence of events as our hearing date drew closer.

Many will recall that we first publicly announced our Nov. 4 hearing date on October 16 - the first date practical for us to make this announcement. October 16 was also the 120th anniversary of the death of our Princess. On the Sunday preceding our hearing date, October 31, we held a special Legacy Day observance on all three of our campuses, coinciding with the 121st anniversary of Pauahi signing her will.

On that same afternoon, a tremendous rainstorm developed over Manoa valley that sent a devastating flash flood onto the campus of the University of Hawai'i. The University is still struggling with the aftermath of this disaster, and our prayers go out to them. A relatively minor impact of the flood, however, was that the law school venue that had been selected as the site for our hearing was rendered unusable, causing the Ninth Circuit to move its hearing venue to its downtown facility on Fort Street.

We were informed of this decision at about mid-day on Tuesday, Nov. 2. This created a quandary for us, because we had already finalized our plans for our prayer service to be held at the Stan Sheriff Center at UH on the morning of the 4th.

It was a blessing that Kawaiaha'o Church was available to accommodate us on one day's notice, and we thank and commend all who shifted gears to make that service happen. We should not have been surprised, though. Kawaiaha'o is, after all, Pauahi's home church, her pule hale, so it was only natural for her to guide us there. And I think many of us actually breathed a sigh of relief when we got word that everything was set for a Kawaiaha'o service that morning. With the hearing now being held just a stone's throw from the site of Pauahi's former home, Kawaiaha'o Church was where we needed to be; our day would now be pono.

All of this provided the perfect context for our hearing. On the 117th anniversary of our school opening, Kamehameha Schools was in court to fight for the right to continue to use Pauahi's gift to help her people. We could not have asked for a better day, nor could our case have been made any better. We also could not have asked for any better support from our 'ohana, from the Hawaiian community or from the community at large. We have been blessed, and now, as Doug Ing so aptly put it, we await the decision of those into whose hands this case now rests.

Mahalo to all of you for your continued support of Kamehameha Schools.