Bench press: Hawaii Supreme Court discipline became a national talking point after Justice Todd Eddins used a recent opinion to criticize the U.S. Supreme Court, accusing the majority of racism and “white sight.”
Eddins, in an opinion joined by Chief Justice Vladimir Devens and Justice Sabrina McKenna, argued that Hawaii’s constitution offers stronger due process protections and takes precedence in Hawaii over the U.S. Supreme Court’s approach to due process. In about eight pages of a 91-page criminal case opinion, he faulted six conservative justices for diluting Black votes, “blessing discrimination” and turning governance into partisan politics.
Hawaii Supreme Court discipline request reaches SCOTUS
The pointed rebuke drew attention from the national legal community, including the conservative think tank America First Policy Institute, which was launched about five years ago by former Trump administration officials. The institute objected to the tone and scope of the Hawaii opinion.
Earlier this month, the group sent a letter to the U.S. Supreme Court asking it to order Eddins, Devens and McKenna to show cause why disciplinary action should not be taken. The letter says the Hawaii justices mounted a “sweeping attack on the integrity” of the high court, asserting that the message was that SCOTUS rulings are illegitimate, should not be followed, and were issued with corrupt or bigoted motives.
The institute argued that such rhetoric blurs the line between disagreement and defiance and could invite litigants, officials and judges to disregard the court’s decisions. The U.S. Supreme Court has not indicated what, if anything, it will do. The state Judiciary did not respond to a request for comment.
Post-mortem policing
Remember the Georgia finalist for Honolulu police chief who denied being under investigation? Records now confirm that Scott Ebner was the subject of a months-long inquiry in Glynn County, where he had served as police chief, regarding alleged inappropriate conduct involving Assistant Chief Stephanie Oliver, whom he had promoted.
Despite repeated denials at the time, an anonymous complaint had prompted the county to hire an outside investigator who interviewed Ebner and more than a dozen other police and county employees before he came to Honolulu in May to interview for the chief’s job.
In a July 16 memo to the county attorney, investigator Sharon Morgan concluded there was no direct evidence of a romantic or sexual relationship or that county funds supported such a relationship. Questions remain about why Ebner was not forthright, why the Honolulu Police Commission’s search firm did not flag the probe, and why the county took nearly a year to release the report.
Ebner is now a finalist for the police chief job in Sioux City, Iowa, though city leaders there are considering restarting the search.
And then there were two
As expected, the Democratic Party of Hawaii is backing newly appointed Sen. Danielle Bass to run in the Nov. 3 special election for Senate District 18, which covers Mililani Town, Waipi‘o Gentry, Crestview and Waikele. The seat was vacated by longtime Sen. Michelle Kidani, who stepped down too late for a primary election.
Gov. Josh Green appointed Bass to serve temporarily. Under state law, each party may place one candidate on the special election ballot, and a nonpartisan candidate will be added by lottery. Democrats plan to formally select Bass on Saturday, saying she was the only “qualified” candidate submitted, without detailing the criteria. Bass is the state’s sustainability coordinator and a former neighborhood board chair and legislative aide.
Republicans have already named tourism executive Kelly Kitashima as their candidate. She previously ran for Honolulu City Council in 2018 and for the state Senate in 2020. Early chatter among political observers suggests Kitashima could have an edge in the race.
Solemn ceremony
Community memorial services for the late Gov. George Ariyoshi are set for next month. Ariyoshi, who died in April in Honolulu at age 100, will lie in state beginning Sept. 18 at the Hawaii State Capitol Rotunda. An honor guard procession is scheduled for 10 a.m., with public visitation from 10:30 a.m. to noon on Sept. 19.
The state service will take place at 6 p.m. on Sept. 18 at the Rotunda, with reserved seating for invited guests and first-come seating for the public. A celebration of life is planned for Sept. 19 from 4 p.m. to 5 p.m. at Kawaiaha‘o Church, with public visitation from 2 p.m. to 4 p.m. Ariyoshi served as governor from 1974 to 1986 and remained active in public life for decades.
Earlier this year, a judicial conduct complaint involving Honolulu City Council Chair Tommy Waters also landed before the Hawaii Supreme Court, underscoring the heightened scrutiny facing the state’s judiciary and political leaders.
