Report Title:

Special deputy attorneys general; Barrett and Carroll lawsuits



Appropriates funds for the Attorney General to appoint two special deputy attorneys general to defend against lawsuits brought by Patrick Barrett against the State and John Carroll against various State department heads based on alleged constitutional violations of certain government entities.



H.B. NO.









RElating to special attorneys general.



SECTION 1. The legislature finds that in 2000, two cases were filed concerning the constitutionality of certain government agencies established for the benefit of Hawaiians and native Hawaiians.

In the first case, John Carroll filed suit against the following in federal district court: chairperson of the board of agriculture; superintendent of education; chairperson of the board of land and natural resources; director of business, economic development, and tourism; director of transportation; comptroller; and trustees of the board of trustees of the office of Hawaiian affairs (OHA). This suit alleges racial discrimination with no compelling state interest and deprivation of equal protection of the laws in violation of the fourteenth amendment to the U.S. Constitution. These allegations are based on the facts that article XII, sections 5 and 6, of the State Constitution and chapter 10, Hawaii Revised Statutes, grant twenty per cent of the revenue generated by the public land trust and the ceded lands to OHA to be used solely to benefit those individuals who are native Hawaiian.

"Native Hawaiian" is defined by the Hawaiian Homes Commission Act of 1920, as amended, as "any descendant of not less than one-half part of the blood of the races inhabiting the Hawaiian Islands previous to 1778."

"Hawaiian" is defined by statute as "any descendant of the aboriginal peoples inhabiting the Hawaiian Islands which exercised sovereignty and subsisted in the Hawaiian Islands in 1778, and which peoples have continued to reside in Hawaii."

Because the U.S. Supreme Court in Rice v. Cayetano, __ U.S. __, 120 S. Ct. 1044, 145 L. Ed.2d 1007 (2000), held that the definitions of "native Hawaiian" and "Hawaiian" in the laws establishing OHA are racial classifications, Carroll alleges that he was denied equal financial entitlements solely due to his racial extraction and ancestral origin. In the lawsuit, Carroll has requested the court to issue a preliminary and permanent injunction enjoining the defendants from enabling the expenditure of state revenues on the basis of race.

One day later, Patrick Barrett filed suit against the State of Hawaii and Governor Cayetano alleging facts similar to those in the Carroll suit and requesting that the court find that article XII of the State Constitution, OHA, and the department of Hawaiian home lands are unconstitutional.

Because of the seriousness of these charges and the State's overriding interest in this lawsuit, the legislature further finds that the appointment of special deputy attorneys general to defend the State against these two lawsuits would facilitate a favorable outcome for the State.

The purpose of this Act is to appropriate funds to enable the attorney general to appoint special deputy attorneys general in the State's defense of these two lawsuits.

SECTION 2. There is appropriated out of the general revenues of the State of Hawaii the sum of $ or so much thereof as may be necessary for fiscal year 2001-2002 for the attorney general to appoint two special deputy attorneys general for the purpose of defending the State and its agencies in Patrick Barrett v. State of Hawaii and Governor Benjamin Cayetano, civil number CV00-00645 and John Carroll v. James Nakatani, et al., civil number CV00-00641.

The sum appropriated shall be expended by the department of the attorney general for the purposes of this Act.

SECTION 3. This Act shall take effect on July 1, 2001.