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JUDICIAL FORESIGHT IN THE HAWAII JUDICIARY Proceedings of the Hawaii Judicial Foresight Congress Honolulu, Hawaii, January 6-8, 1991 Edited by Sohail Inayatullah JUDICIARY, STATE OF HAWAII Published by the Hawaii Judiciary, State of Hawaii, 1994 P.O. Box 2560, Honolulu, Hawaii 96804 The views expressed herein are not necessarily shared by the Hawaii Judiciary or the State of Hawaii. Note to 2008 printing: This version is based on the original electronic files and, to our knowledge, includes all that was contained in the 1994 printing. However, due to changes in technology since then, this Adobe Acrobat file may be formatted slightly differently than the original. MESSAGE FROM THE CHIEF JUSTICE As we approach the threshold of a new century, we will be faced with many future challenges. To effectively meet these challenges, the role of the court must evolve along with the needs of the complex society it serves. Both the structure and function of the court needs to grow in order to accommodate the demands of our changing society. Inspired by the national futures conference, Hawaii was the first state to convene a conference specifically designed to address issues and ideas concerning the courts. The product of the 1991 Judicial Foresight Congress has attempted to explore and anticipate the future. These recommendations will be seriously considered in our future planning efforts. It gives me great pleasure to reaffirm our commitment to the delegates of the 1991 Judicial Foresight Congress, the Hawaii State Legislature, and the citizens of Hawaii by publishing these Proceedings . I am confident that the recommendations provided by this conference will give us wisdom and direction for the years ahead. Ronald T. Y. Moon Chief Justice - i - ACKNOWLEDGEMENTS While the efforts of many individuals are necessary to complete a major publication, a few were critical and must be singled out. The Congress itself could not have been held without the dedication of Joy Labez. More than anyone else, the Hawaii Judiciary owes her an unrepayable debt. The Proceedings itself came out because of the skillful and calm coordination of Karen Takahashi and the daily labor of Grace Maeda. Sharon Mendoza and Susan Kaya painstakingly transcribed speeches. Judge Daniel Heely and Clyde Namuo are to be thanked for finding funding for this project and Arlene Lum for her gracious editorial help. This publication itself is a result of over two decades of futures research in the Hawaii Judiciary. For that concerted effort, Lester Cingcade is noteworthy. Without his sustained leadership, the Hawaii courts would have gazed at the future through a rearview mirror. We are thankful to the American Judicature Society for permission to reprint Shirley S. Abrahamson's "The Consumer and the Courts" which originally appeared in Judicature (Volume 74, No. 2, 1990). Different versions of articles in these Proceedings by Clement Bezold, Sharon Rodgers, Wendy Schultz, Frances Zemans, and Paul Alston recently appeared in Futures Research Quarterly (Winter 1993). Francis Wong's, "The Future of the Family Court," appeared in Futures Research Quarterly (Fall 1992). Sohail Inayatullah's introductory essay has also appeared in various versions in Futures Research Quarterly (Fall 1992) as "Preliminary Report of the Hawaii Judiciary Foresight Congress" and in Futures (October 1991) as "Judicial Foresight in the Hawaii Judiciary." Robert Bohrer's essay appeared in Futures (September 1992). - ii - PREFACE Judicial Foresight in the Hawaii Judiciary: Proceedings of the Judicial Foresight Congress is the culmination of years of foresight activities in the Hawaii Judiciary. We believe they bring together some of the best local, national and international writing on court futures. This work is not intended to predict the future but rather to anticipate the range of possible judicial futures ahead and to encourage new visions of the courts that will lead to real immediate short and longer term transformations. These Proceedings are divided into six sections. The first is the "Executive Summary" which presents the scenarios and the recommendations articulated by Congress delegates. The second section describes the goals and processes of the Congress as well as the resultant scenarios and recommendations. Section three consists of the speeches made at the Congress. These are divided into the following areas: "Opening Remarks," "Future of the Courts," "The Future From the Hawaii Perspective," "Science and Technology," "Culturally Appropriate Dispute Resolution Forums," "The World Economy and Hawaii," and "Comments from the Community." To a large degree they reflect the organization of the Congress. Section four lists the scenarios developed by the working group into three categories: scenarios derived from San Antonio national "The Future and the Courts" conference, possible scenarios of the courts, and preferred scenarios of the courts. Section five evaluates the Congress: its successes and its failures. The final section is the appendix which presents the entire list of recommendations, the entire list of recorders and facilitators and the list of participants. We hope that these Proceedings encourage you to creatively envision new futures for the courts and to use these visions to make day to day to routine changes. - iii - TABLE OF CONTENTS MESSAGE FROM THE CHIEF JUSTICE. .i ACKNOWLEDGEMENTS. .ii PREFACE. iii I. EXECUTIVE SUMMARY. 3 II. INTRODUCTION TO FORESIGHT CONGRESS AND PROCEEDINGS. 7 III. SPEECHES A. OPENING REMARKS HERMAN LUM Meeting the Needs of the Present and the Challenges of the Future . 25 PETER ADLER Congress Design and Overview . 29 B. THE FUTURE OF THE AMERICAN COURTS JAMES DATOR Inventing the Future of the Courts and the Courts of the Future: A Futurist's Perspective . .31 FRANCES ZEMANS Inventing the Future of the Courts and the Courts of the Future: An Institutional Perspective . 40 DAVID TEVELIN Thinking Future . .46 GEORGE CHAPLIN Acceptance Speech of the Herbert Harley Award . .51 SHIRLEY ABRAHAMSON The Consumer and the Courts . .54 C. THE FUTURE FROM THE HAWAII COURT'S PERSPECTIVE DANIEL HEELY Designing the Future of the Family Courts . 59 - iv - SHUNICHI KIMURA The View from the Neighbor Islands: Is Honolulu our Future or Can the Neighbor Islands Bypass Honolulu's Problems? . 62 PAUL ALSTON Hawaii's Justice System in 2020: A View from the Bar . 66 SOHAIL INAYATULLAH Hawaii Judicial Foresight Survey Results . 72 D. SCIENCE, TECHNOLOGY AND THE ENVIRONMENT CLEMENT BEZOLD Shaping the Future and the Courts: Challenges From Science and Technology. .83 CHRISTOPHER JONES Earth 2020: Gaia Prudence . 89 M. KAY HARRIS The Social Construction of Crime and the Future of Crime and Punishment . .96 ROBERT BOHRER Future Fall-Out from the Genetic Revolution . .101 FRANCES WONG The Future of Family Court, Reproductive Technology, and Other Issues. .108 E. CULTURE, DEMOGRAPHICS AND APPROPRIATE DISPUTE RESOLUTION FORUMS SHARON RODGERS The Future of Cultural Forms of Dispute Resolution in the Formal Legal System . 113 WENDY SCHULTZ Culture in Transition: The Changing Ethnic Mix in Hawaii and the Nation . .120 BRENT BARNER Cultural Pluralism and the Future of the Judiciary . .138 - v - CHRIS JONES Exploring Alternative Dispute Resolution Techniques in the Pacific Region . 157 PETER ADLER Alternative Dispute Resolution and the Future: Some Thoughts on Culture, Community and the Courts . .172 VITA TANIELU A Samoan Perspective of Dispute Resolution . .175 ILIMA PIIANAIA Demographics and the Future of Dispute Resolution. .178 KARL KIM Korean-American Perspectives on Alternative Dispute Resolution . .180 AMY AGBAYANI A Filipino Perspective of Dispute Resolution . .182 F. THE WORLD ECONOMY AND HAWAII'S ROLE IN THE PACIFIC JOHAN GALTUNG Geopolitical Transformations and the 21st World Economy . .185 GEORGE KANAHELE A Values-Based Approach to Hawaii's Tourism . .210 GREGORY PAI Hawaii's Long-Term Economic and Demographic Future: Implications for Hawaii's Judicial System . .213 BERT KOBAYASHI Future Judicial and Legal Reform . .217 G. COMMUNITY RESPONSE ERIC YAMAMOTO Core Values and the Future . .221 JOHN DAFFRON Lamp Oil, Visions, and the Search for the New World. .223 - vi - KEM LOWRY Politics, Planning, and the Future . 226 A.Q. McELRATH A Critical View of Justice and the Courts . 228 LAWRENCE OKINAGA Profound Effects and Anticipated Changes . 232 ARLENE LUM Culture, Technology and Law . .234 PATRICK YIM An Invitation to the Future . .238 IV. APPENDICES A. SCENARIOS AND STATEMENTS OF POSSIBLE AND PREFERRED FUTURES. .241 B. LIST OF SMALL GROUP RECOMMENDATIONS. .251 C. BIOGRAPHIC PROFILES: PROGRAM PARTICIPANTS. .267 D. LIST OF CONFERENCE FACILITATORS AND RECORDERS. 274 E. ABOUT THE EDITOR. 275 - vii - I. EXECUTIVE SUMMARY 1991 JUDICIAL FORESIGHT CONGRESS: EXECUTIVE SUMMARY The 1991 Judicial Foresight Congress was funded through an appropriation of the 15th Hawaii State Legislature and co-sponsored by the American Judicature Society with a special contribution from the State Justice Institute. It drew over 275 participants from Bench, Bar, and Community. The purpose of the Congress was to "anticipate the changing judicial needs of the public and the legal system by exploring Hawaii's social, political, and economic environment and its impact upon state courts, and responding to these forecasts through the creation of new visions and structures for the Hawaii Judiciary." The Congress grew out of the efforts of the Chief Justice to reach outside of the legal community for fresh ways of thinking
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