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Hawaii S~. His Rd Been

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Hawaii S~. His Rd Been .'-'- September 26, 1999, p. B1 i Mthin thene.xt several ~ProbatI.Cou1t Princess Bernice Pauahi tx. to selectonly membersof the .jJdgeKevinarangwiU gawthefX1Wertoselec.t:Bi1h- ~I~ religion. However. fed- h.-Jr proposal"on a new ~ £ate ~ to a map;. 881 aI¥Sstate oonsntutions now ~n p~ for ty of tM three justk:es c1 tt. ..~ J1MJge5~ justi~ from trusteesoftheBisilopEs- Sup~ Court of tt. KiDC- d82ulti..SItif1! 00 the basisof reli- tate. (k)m of Hawaii. p.i. ev81 when 51Jpposedlyaa - : The hear;ng has been Presumably,she wanted ~ in an unofficialcapacity. ~~the~~~in tt1emto a: in d8r M~l- ,.,. why CUef Jusdce Ronald ~ 1997~ four of the ~f , siIx:e in dM8 days ~ IID~ ~ years ago ~ HawaiiS~. Sup-. ~ j\L«k::8haD- 118... - ~ cxherjustices had ~urt Jusacathat they dIed all probate mattera 80 dR:e ~ to ipre Pauahi's ~ nolonger ~- (wi11tIe tn.-s). JDltnacdon that all trUStees be Patein selecting~ Aa the kinidom evolved 1I'-';-~ -~ Of the mWtibiUjon.ckJlJar u.o . ~ ~ tI81. t8rID- :. 11Ibd.all ~ ~ ofthe five cur- 8tGte. Hawaii Si.IJNerrtC ry aDd flna1ly a stat.. Su- .~ j18tk:es haw dedded not to ~ ;ustica had been preme C(RIrt ~ oo.-Jiiii. 'i!ia~ in ~ ~on of fu- ~ . tnISt8S ~ ,UIg ,~ uedto selectBishop Estate ... ~ mOte than a centwy un- U'UStes.thouIb jurisdiction .. J\KIgesu.s jUStices C3MOC as- derthetermsofthewiUof 0Y8' IX'Ot.re ~Q. shifted --my I~-::~-~ibility in an un- founder Princess Bernice to a separate prob8te ~ c6ja1 capacity that would pre- Rauahi Bishop. They .uerJljXm to j\.rjfy their ~ them from fully canj'ing out ~ TrtlStee selection is con- continuing involvement by d8r omda1 dutia This onon ot Sdcred one of the most desa'iang it . "'~- ~ ethia ~ them ,;th sgni/icant issuesimdved WItIDK ~ P88hi's . MCatch-22- in the C3:.5eof the if! a ~yearcon UOIJe1SY wiD stDI1d be ld"u ~ 'n1is ~ F.Dte - they cannot de- ~unding the estate istn8 mn . nxnL . ~ dde controversiesinvolving ti-ustees'financial aca\/i- u legal. point of view. But ~ ~ handpick.and they des and supervision 0( tt. because of deYeiopments ~ halxipa tn1st~ if it pre- siIa Pauahi'sde8dI, .. win \'8U them from decidingoona'O- Kamehamelta Sdtools. hISrD been.- ~~ be, \18'18. f~ Uta'8Uy. 1be attorney general has nO\v First. the Supreme Court j»:~ that tNSt~ selectionbe that Pauahi had in mind IIDft.s fn)m tM fiw j~ of the ~ to exS wid! tIw or.w'- state Sup-QI- Cow1 to the four j\Mips do the l&11Q"~ Court s. 1UT. M of ~ As part of this propos- al. the intennediate oourt would be pe1'ma118ltlydisqualified from RandaJJ Roth is .. Universi- ail ca.1S inYOt..;ngthe Bishop Es- ty of H.WIii Jaw profesf«' tate. .1nd COoaurhorof the -~ But substituting one group of Tnlst- ~y that criticized judges for another simply is not m~nt of the BLshop £stat~. This arride rep~t.t good enough. It fails to addresS the opinion of the -Broken what the attorney general de- Tt1Jst"Juthor!. !he KanJe'o saibes as "a perc~n of politi- h:JInehaAlumni Association ca! influence (that) may be incur- Board of Presidents and Na :1ble:1nd may exISt at ail levels of Pua A Ke All'i P..u41Ju". the judiciar:t . .- - . ~ - Honolulu "Advertiser October 3, 1999, p. B3 ~~-lii0..5- ~ IC~il.s.J.. A..m"iQ)~ii~~ §~ol~ ~ ' j -~~~~ :tJ.e i = cOo ~~ ~ =-5ccO c j!J11:na='5 ~- =~ ~f/)i t:.j1~1~8;~~ I .8~"3(jas,;e-e 8=i'Oi~~~~a I A ~-~o s..] i~~ !l]j~]i ~i.:S;~=85 ~.8~~ i oi~II~8~ 'O'8.';.s g~'5 I~ ~lep. §: i8.5o.s~ ~ i ";J . 80S , ~ ~ >.. -t= ~~~.:§so~! ~g81 ~ J il;ic j ! ;:p:Pg.J. .. I.a = .s-ag~-=;"0' =§ 1"O~3! ... HI iC Ifiilllii~IJJ 8 ~:52"C ~'.~ t r'.'O.8.s~"a;~-:5-~ ~= ~ ~- ~Utno _.WI ~Q)~.! Q) tie; o' j~Ut'S ~ig~8.g ~1 .~ g ~"5~ N I] - § "Q 0 ~ ~ "= 'a ~ .8 ' Q) = Z ..5 p. "a~ i!;Q)v.~i i~]~1~0 e'i~ "~I~ =. " - ~ Q) !:~ ~ 8 ~ ~ II ! _CQ)~ "i ~'- Q) o~ ~ - i~~]~~~:![i.slu! OO- cf l8' -u . _ I ' , , f 4)U ,"~.c,c -= 0 >. ]e I)~ ~ ~.i' ~a.§ ~ 'c 0 ~£. ~ 1 I) - 0 >.- '0 ~-5t.,- - 51) ~:so .c coo:tl) a .=.cg,8uc ~ i ~: I).'E .:.; ~ 1)00 1 ,.;5 I) CI)I)~ ~.cl). 5 ~.E!g~ ~g~~'~=af!~ !tJ~l)g-C :9 3 ~.~ c~I) .c .2c:a COi .~=5.8 5 - t, ~""~5;C 5- l -= .112- ~ I).co.~~=1) O!ll --1)15~co ~ c-..? 8 t:~ I)~ ] -=-r-.c t... 0 0. C1).- COj - 0 I) 0..- 004) ~ >..~ ~ 't.$'~ 13u .~ ! 58 bC;g r! ,c~£~- ~ .=.~ . ~.> Honolulu Advertiser May 6, 1999, p. A12 ~-t:oa committee important to the tnm. Reputadon ~ -=- br * PraM. b' tD'Ie5ty.mmD1ity. a'e8tivity ~ ~Uegial1ty. Keen sense of humor BIIIIopE1t8t8.CO8tWO8dd*i a abilJtyto wa'k with CXhersto- GLADYS BRANDT, SAMUEL ward a.;x~ pL I)f;,.::!~-~~~ ated ""Shipinoommw1jtyanddvX: Probate J\xige Kevin C\aDI has P. KING, WALTER HEEN ~ Aa1ity to \BXiersI:am fichm. VI~«i ~ ~ F.ae ~ to AND RANDALL ROTH ry duti. and willingness to take "stXJWcm.-" . to why tMj ~ d8D .nm1y . not be removed!rom Om~ AI . Gladyl Brandt, Sam- P. 1an& We !'~ that ~ ~ be pi""'"~ m&a8', this DBIW tb8 ~ Walter Heen and RondaU Roth au- ~~ for a spedfied term of thored tha .~ TruI&- eaczy. placement trustea: soon will be )'8n. with b ~mlity of reap. L~--";:'~ }-~:'i-'-;-'~~ [n~stDtnm,b~~ Utm' 1mdra~ stn1k1 a . ~ bro&den the ~-~_-~~.;.litW that they recuse~ ~ A'Om ii~J~L~ c:t ~ ~ \,UU~ CUn'ently assigned to the special- ~ilMX'tirllu.~ be ~nIidered as a candidate "tor ~~ Four ct the ftw aDTSJt~ tn8-. ~ repI~:.-,:.~~u ~ have admowtedgedthis by an- T~lJy. the eIJdre public is any will be L~~~t ~ ~ ~d18t~wiDmkxJPrm- the :"..-iCftdaIYof eYerydwitable Rather than debate the merits of \Qye ~.;;.~~~ in u. ;.M:.~-::vct tna ~. ~ tbe ~ F69o ~ caJxDdatm,~ d1D1k~ im- ~ RepI~ ct ~ tI2 ftftb. tD'S UIJkIue hi.-ory am tradmon. mecDate~ stD1Id t. at ~ jusdce might like, ~Ci' the law M a_~ that ~ be tmJgt!t of as a -ing the best p~ tor selecting mrthewiUpermitsbimtoseiC primarily Hawaiian organi7'.tion. ~ ~ ... a ~~ ct cxa' Coo- - th8tbe Kaae~ ~ 11wwill ~ ~ ~ PauahictiIm- ~KIy, the task ct seIet1f1-Jjfu- cX]am~bDmjcX'roIeinb. edthat ~.::i:i. ~ t. .. ture ttustees~~Ily fa1lIto 82D1~Otbs'vomm1k1 1«t!d by Mamajcxity cl ~ ~ tI2 Pi-~ CQ.at. be I8IU .weL ot the Suprenw ~ at tM King. Rade'thanSmlXY~tn.- Ora ~ sei«1ion ooawUtt~ has oom of HawaD.Whs1 that wu m- hinBeIf. ~ dUnk u. r-~ 1'Jdp been formed. the Probate Court's tel in 1883.b SU1X'e118~ a stn1ki ~a a ~~--:iii ~JiiiA.- JXin8ry ~ stn.z1d be to sari5fy the Probate Court were the .-me tee and work with it to establish itself that presaibed procedures thing. mulill-ebe!1SiYea'itm;a aIKi pnX8o ~~aM~~amia But tor many years. a separate <hIr8 to be ~ in .:tx:-:~ ~ ~ ~ axJ~ ~6i ~ uo'B8 ~ ha hMt gs8a1 j\D ~~PubIk:~~t. exp1~~ in eowritten Nling. the diction over trusts and estates. ~ ~ 8AX~im8. court should appoint the person That's why DIe ~ 0xDt j\8o Presumably,the seleaion mm- iUi~ t7Jb WI-Im~ ti~ haw not been able to ~ ~ 'I\Q11d~ ftX'~ ---a-D ct un- At least by the time the court ~ int!8r c:tftdaI ~i . quesic;a-~integrity aIKi ~ maJcm~8PP:Jinttnertt.the~ j\&m. who meetother speciftcrequire- list of persons considered by the Pointingto the languageof the msa. ~ ab'IgUw1irB of u. ~mlBtM siDIkI be ~ a part of ~theoI'\'esaMi~ttetI~" ~- "P8'DIct Uw ;.-~ ~ ~ rsxx'd. A ~«1ion l&1ing ~ in tt8' inciYKhJa1(3- religion. Was required by Pauahi's iII~ that ~ ~ili1y ~ (Le..ID as juU:s). a. tt. wiD. KI~ arKi~ ~ ct ~ ~ -11-.. has the best d1aIu c:X ~ axte ~ j~ «hD cx. Hawaiian~, Ianguap am aD- i~'Ig ~ with b abili- maJk1w~to~~in ture. Relevant experience and ty aIx1 ~ to ~ as m. steW- any ~ f wb81 <kJiI1gso ~ .a&_..m- ~ aXJJpetca in aIa1 arm Honolulu Advertiser March 16, 1999, p. A8 ~ Honolulu Star-Bulletin March 15, 1999, p. A-9 ~ 4 MidWeek. December 16, 1998 ed to insist upon that itself. and to whenever that is in the best inter- assess its own fines in any evenL ests of the trust and its beneficia- Federal and state grand juries are ries.. contemplating additional indict- The Hawaii Supreme Court has ~- Delaying~ justice ments based on an array of alleged . upheld a trustee's removal basedon transgressions. including use of a master's finding that the trustee estate funds to pay political debts. had not ~n "sufficiently careful. The Bishop Estate trusteesare Two trustees are in court trying to and diligent in the performance of undersiege: One of them hasbeen get a third fired, attd stories around his duties." The United States indicted on a charge of first- alxIutunpro(j1Dive trustee~ Supreme Court has upheld a degree theft and another has told that end in shouting attd near-phys- trustee's rerooval solely on ~ basis friends that he expectsto be next ical altercations. of "disharmony" with a co-trustee. The masterhas recommended that We are at a loss to explain why If these trusteestruly car~ a}l five be assessedfines that eas- IJustees have rK>tyet been 1'eDK)ved arout Pauahi's legocy and took seri- ily could total millions of dollars Calls for undue process are ously their fiduciary duties. they ~. ~ anorreygener4ll ~ asked 'taa11Y~splaced.A~ipcon- would step aside on their own.
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