July 26, 2012
Contributed by Thomas Yoshida
1. Who is the current Probate Court judge?
The Honorable Derrick H.M. Chan
2. Who is the current Court Master?
Honolulu attorney David Fairbanks.
3. Who chooses the Trustee Screening Committee?
The Probate Court judge.
4. Are there any criteria the Screening Committee members are supposed to follow?
According to the January 6, 2000, Court Order establishing the trustee selection process, the committee members shall be familiar with and sensitive to (1) the history and role of the Trust Estate relative to the Hawaiian community and the community at large, and (2) Pauahi's legacy and her vision for the education and advancement of Hawaiian children.
5. What is the role of Inkinen & Associates in the selection process?
Inkinen & Associates is a Hawai'i firm owned by Kathy Inkinen. The firm specializes in executive searches and is a human resource consultant. Because the Screening Committee members serve without compensation, having a centralized repository for the acceptance and collation of applications is necessary. Inkinen's role is to help manage the logistical aspects of the trustee search and screening process, a key element of which is receiving and assembling all the application materials and making sure each application packet is complete before forwarding to the Screening Committee.
6. Why are comments intended for the judge required to be submitted through Inkinen first?
By judicial rule, there should be no ex parte (out of court) private communications with the judge, and all comments will be made public. Inkinen collects and assembles the comments it receives and provides them to the Screening Committee, who then files the comments in court for the judge to review.
7. Who employs Inkinen?
The Screening Committee hires Inkinen & Associates (or other executive search consultant) and manages their contract. As is standard practice in most Hawai'i probate actions, the estate for which the activity is being conducted – in this case, the Estate of Bernice P. Bishop, dba Kamehameha Schools – is expected to pay the costs associated with that activity. So Kamehameha Schools pays for the search and selection process even though it has no authority or decision-making role in the process itself.
8. Does the Screening Committee meet with Kamehameha Schools' leaders to hear their opinions about what qualities, skills and abilities would be a good complement to the Board?
Yes, the Screening Committee speaks confidentially to the Trustees and the CEO about the qualities, experience and expertise they feel are needed on the Board. They do not discuss candidates.