District of Hawaii

Press Release on Confirmation of Derrick Watson to Federal Bench

Matthew L.M. Fletcher

WWW.NATIVEAMERICANBAR.ORG

For Immediate Release, April 22, 2013

Contact: Mary L. Smith (202) 236-0339

 NNABA APPLAUDS THE CONFIRMATION OF DERRICK WATSON TO THE FEDERAL BENCH

 Fourth Native Hawaiian in U.S. History to be Federal Judge

Phoenix, AZ. – The National Native American Bar Association (NNABA) commends the confirmation of Derrick Kahala Watson to the U.S. District Court for the District of Hawaii.  Watson becomes the only person of Native Hawaiian descent to currently serve in the federal judiciary and only the fourth Native Hawaiian in U.S. history.

“NNABA is thrilled by the historic confirmation of Derrick Kahala Watson to the federal judiciary,” said Mary L. Smith, President of NNABA. “We are heartened that in addition to Mr. Watson’s eminent qualifications, the federal bench will be furthered diversified as the result of Mr. Watson’s ascension to the court.  We applaud President Obama for nominating Mr. Watson and the U.S. Senate for its 94-0 vote to confirm him.”   NNABA hopes that this nomination signals that a Native American will soon be appointed to the federal bench.

Mr. Watson recently served as chief for the Civil Division in the U.S. Attorney’s Office for he District of Hawaii.  He attended the Kamehameha Schools and graduated from Harvard Law School.

Founded in 1973, NNABA serves as the national association for American Indian, Alaska Native, and Native Hawaiian attorneys, judges, law professors and law students.  NNABA strives for justice and effective legal representation for all American indigenous peoples; fosters the development of Native American lawyers and judges; and addresses social, cultural and legal issues affecting American Indians, Alaska Natives, and Native Hawaiians.

NNABA has launched an “Increase Natives and Tribal Court Judges in the Judiciary” initiative.

For more information contact 480-727-0420 or visitwww.nativeamericanbar.org.

Federal Court Dismisses Most Claims by Oklevueha Native American Church re: Cannabis

Matthew L.M. Fletcher1 Comment

Here are the materials in Oklevueha Native American Church v. Holder (D. Haw.):

DCT Order Partially Dismissing Claims

DOJ Motion to Dismiss

Oklevueha Opposition

DOJ Reply

The Ninth Circuit’s previous remand is here.

Ninth Circuit Rejects RFRA Money Claims in Hawaii-Based Native American Church Case Involving Marijuana

Matthew L.M. Fletcher10 Comments

Here are the materials in today’s opinion in Oklevueha Native American Church v. Holder:

Oklevueha Opening Brief

US Appellee Brief

Oklevueha Reply Brief

CA9 Opinion

Lower court materials here.

Oklevueha Native American Church RFRA Claim Dismissed

Matthew L.M. Fletcher1 Comment

Prior claims had already been dismissed (order here) in this case.

Oklevueha RFRA Claim Dismissed

Oklevueha Native Am. Church v. Holder — Federal Court Declines to Dismiss RFRA Claim

Matthew L.M. Fletcher1 Comment

Interesting case. Not sure if it will go anywhere. The claim is about the federal government’s seizure of cannabis from this organization based in Hawaii. Claims for an injunction against future prosecution and for tort claims related to the seizure were dismissed.

Here are the materials:

Oklevueha v Holder DCT Order

Government Motion to Dismiss

Oklevueha Response

Government Reply

An earlier motion to dismiss on the first complaint was granted (materials here).

Hawaii Native American Church Cannabis Claims Dismissed

Matthew L.M. Fletcher1 Comment

Here is the opinion in Oklevueha Native Am. Church of Haw. v. Holder: Oklevueha v Holder.

Plaintiff Michael Rex “Raging Bear” Mooney and the Oklevueha Native American Church of Hawaii, Inc., seek a declaration that they be allowed to grow, use, possess, and distribute cannabis free from federal drug-crime prosecution. Plaintiffs allege that cannabis is used in their religion and assert that their right to religious freedom is being infringed on by United States drug laws, specifically 21 U.S.C. § 841.

Defendants have moved for dismissal of the Complaint, arguing that, on the face of the Complaint, the claims asserted are not ripe, that Oklevueha lacks standing to assert claims on behalf of its members, and that Plaintiffs fail to allege sufficient claims in any event. Because this court agrees that the Complaint fails to allege ripe claims on the face of it, Defendants’ motion is granted and Plaintiffs’ Complaint is dismissed with leave to amend.

NAGPRA Claimant Loses Trial but Gains Hawaii Compliance

Matthew L.M. Fletcher

Here is the opinion — Brown v State of Hawaii (D. Haw.)

An excerpt:

Plaintiff should be commended for bringing his NAGPRA claim. As the State Defendants’ counsel acknowledged in his opening statement, the claim effectively brought certain issues of noncompliance to light. See 10/21/09 Tr. 96:17-22 (St.’ Defs.’ Counsel) (“In a very perverse way, my client has to thank Mr. Brown for bringing this case. Because although SHPD had been under the belief and understanding that NAGPRA did not apply to it, unless there was a finding on federal or tribal lands, there apparently is a dispute as to whether or not that is an accurate interpretation of the law.”). It appears that, as a direct result of this litigation, SHPD has initiated consultation with the National NAGPRA Program in an effort to come into compliance with the  [*26] statute. Nevertheless, the Court may only issue permanent injunctive relief upon a proper showing. See Reno Air Racing Ass’n, 452 F.3d at 1137 n.10. Based on the evidence presented at trial, the Court finds that Plaintiff has not established that injunctive relief is appropriately issued in his favor at this time because he has failed to show that he has suffered irreparable harm or that he will likely suffer such harm immediately in the absence of injunctive relief. See id.

New Challenge to Kamehameha Schools Admissions Policy Filed

Matthew L.M. Fletcher1 Comment

From SCOTUSBlog:

The six-year running battle over the admissions policy of a highly regarded trio of private schools in Hawaii — the Kamehameha Schools — is back in the courts, with one side specifically aiming for an ultimate test in the Supreme Court.   An earlier case, testing whether an 1866 civil rights law still bars the use of race in private school admissions, reached the Court last year, but was settled before the Justices took final action on it.

A new lawsuit, raising the same challenge, was filed Wednesday in U.S. District Court in Hawaii — with the same name (Doe v. Kamemameha Schools), but with new individuals suing (docket 08-359).  Also on Wednesday, the Schools filed a separate lawsuit in state court in Hawaii, claiming a violation of the 2007 settlement agreement because one of the attorneys involved had disclosed the confidential terms of the deal, including, the attorney said, a payment of $7 million to the youth who had sued.  The Schools’ trustees are seeking return of the money, and other money damages.  (The Feb. 8, 2008, Honolulu Advertiser news story revealing the settlement terms can be read here.)

The new Doe lawsuit in federal court notes that the earlier challenge to the admissions policy, preferring students of “Hawaiian ancestry,” had failed in both the District Court and in the en banc Ninth Circuit Court. The two lawsuits, it says, are “virtually identical,” but it indicates that the four youths and their parents who sued “intend by this action to have that [Ninth Circuit] ruling overturned in the Supreme Court of the United States.”

The first lawsuit against the Schools’ admission policy was filed by a youth identified only as “John Doe”, who sued in June 2003 after being denied admission four times. He is a lifelong resident of Hawaii, but is not “Native Hawaiian” in a racial sense, his challenge noted.  As a minor, he was joined in the lawsuit by his mother, identified only as “Jane Doe.”  The Kamehameha Schools are three kindergarten-through-twelfth-grade private schools on three of Hawaii’s islands.

A press release describing the new civil rights claim can be found here (it includes a link to the text of the complaint).  A press release by Kamehameha Schools announcing its state court lawsuit over the settlement disclosure is here.   The text of the school trustees’ complaint can be found here.