Thursday, March 28, 2024
Hawai'i Free Press

Current Articles | Archives

Saturday, November 26, 2011
Hawaii Supreme Court to Consider Limit of Parental Discipline
By Robert Thomas @ 4:52 PM :: 6633 Views :: Energy, Environment

HAWSCT New Cert Grant: Evaluating Parental Discipline In Civil TRO Cases

by Robert Thomas, Inverse Condemnation, Nov 25, 2011

Although the focus of this blog is land use and related topics, our practice involves more than that -- we also take appeals in other areas of law presenting unsettled or untested questions. Here's the latest example, a case that asks what standards govern the Family Court's evaluation of an application for a civil TRO in light of a parent's fundamental right to discipline his or her children (which includes the right to use reasonable corporal punishment).

In Hamilton v. Lethem, No. 27580 (Haw. Ct. App. June 30, 3011), the Hawaii Intermediate Court of Appeals concluded that the TRO process did not violate a parent's rights, and affirmed the Family Court's issuance of a restraining order. Earlier this week, the Hawaii Supreme Court agreed to review these Questions Presented:

1. When determining whether to issue a TRO, does the parental right to discipline children require the application of clear and articulable guidelines to distinguish truly abusive behavior from actions that are "moderate or reasonable discipline [that] is often part and parcel of the real world of parenting?"

2. When considering whether to issue a TRO, must the Family Court recognize that a non-custodial parent maintains a "residual parental right" to discipline his child during a period of unsupervised visitation, including the right to discipline the child for morals?

This case has been to the Hawaii Supreme Court before. In Hamilton v. Lethem, 193 P.3d 839 (Haw. 2008), the court held that the issues were not mooted by the expiration of the TRO, because the "collateral consequences" of a TRO.

More here from Damon Key colleague Rebecca Copeland. The cert application (in Hawaii's appellate system, petitioners "apply" for cert review, which is either "accepted" or "rejected") we filed is available below.

Application for a Writ of Certiorari, Hamilton v Lethem, No. 27570 (Haw S Ct filed Oct 14, 2011)

* * * * *

HAWSCT Grants Cert in Civil Case Involving Parental Discipline Defense

by Rebecca Copeland, Record on Appeal, Nov 23, 2011

Today, November 23, 2011, the Hawaii Supreme Court granted cert in Lily E. Hamilton v. Christy L. Lethem, S.C. No. 27580, essentially involving the issue of whether the Father (Christy L. Lethem) should have been afforded some form of parental discipline defense in a civil ex parte temporary restraining order proceeding. Disclaimer: this blogger along with her colleague Robert H. Thomas (www.inversecondemnation.com) represent Mr. Lethem on cert.

The ICA affirmed the Family Court of the First Circuit's ex parte temporary restraining order.

On cert, Mr. Lethem argues that the ICA gravely erred because:

(1) the court failed to apply a discernible standard to the line between constitutionally protected parental discipline and abuse and instead presumed Father's act of discipline was abuse, and

(2) the court failed to give effect to Father's statutory "residual parental right" to discipline his child.

The order accepting cert is available here.

The cert application is available here.

No response by Mother was filed.

A motion for judicial notice was also filed here.

Chief Justice Recktenwald recused himself here, and First Circuit Court Judge Virginia L. Crandall was assigned to sit in his place here.

Oral arguments to be announced.

Links

TEXT "follow HawaiiFreePress" to 40404

Register to Vote

2aHawaii

808 Silent Majority

Aloha Pregnancy Care Center

AntiPlanner

Antonio Gramsci Reading List

A Place for Women in Waipio

Ballotpedia Hawaii

Broken Trust

Build More Hawaiian Homes Working Group

Christian Homeschoolers of Hawaii

Cliff Slater's Second Opinion

DVids Hawaii

FIRE

Fix Oahu!

Frontline: The Fixers

Genetic Literacy Project

Grassroot Institute

Habele.org

Hawaii Aquarium Fish Report

Hawaii Aviation Preservation Society

Hawaii Catholic TV

Hawaii Christian Coalition

Hawaii Cigar Association

Hawaii ConCon Info

Hawaii Debt Clock

Hawaii Defense Foundation

Hawaii Family Forum

Hawaii Farmers and Ranchers United

Hawaii Farmer's Daughter

Hawaii Federalist Society

Hawaii Federation of Republican Women

Hawaii History Blog

Hawaii Homeschool Association

Hawaii Jihadi Trial

Hawaii Legal News

Hawaii Legal Short-Term Rental Alliance

Hawaii Matters

Hawaii's Partnership for Appropriate & Compassionate Care

Hawaii Public Charter School Network

Hawaii Rifle Association

Hawaii Shippers Council

Hawaii Smokers Alliance

Hawaii State Data Lab

Hawaii Together

HIEC.Coop

HiFiCo

Hiram Fong Papers

Homeschool Legal Defense Hawaii

Honolulu Moms for Liberty

Honolulu Navy League

Honolulu Traffic

House Minority Blog

Imua TMT

Inouye-Kwock, NYT 1992

Inside the Nature Conservancy

Inverse Condemnation

Investigative Project on Terrorism

July 4 in Hawaii

Kakaako Cares

Keep Hawaii's Heroes

Land and Power in Hawaii

Legislative Committee Analysis Tool

Lessons in Firearm Education

Lingle Years

Managed Care Matters -- Hawaii

Malama Pregnancy Center of Maui

MentalIllnessPolicy.org

Military Home Educators' Network Oahu

Missile Defense Advocacy

MIS Veterans Hawaii

NAMI Hawaii

Natatorium.org

National Christian Foundation Hawaii

National Parents Org Hawaii

NFIB Hawaii News

No GMO Means No Aloha

Not Dead Yet, Hawaii

NRA-ILA Hawaii

Oahu Alternative Transport

Obookiah

OHA Lies

Opt Out Today

OurFutureHawaii.com

Patients Rights Council Hawaii

PEACE Hawaii

People vs Machine

Practical Policy Institute of Hawaii

Pritchett Cartoons

Pro-GMO Hawaii

P.U.E.O.

RailRipoff.com

Rental by Owner Awareness Assn

ReRoute the Rail

Research Institute for Hawaii USA

Rick Hamada Show

RJ Rummel

Robotics Organizing Committee

School Choice in Hawaii

SenatorFong.com

Sink the Jones Act

Statehood for Guam

Talking Tax

Tax Foundation of Hawaii

The Real Hanabusa

Time Out Honolulu

Trustee Akina KWO Columns

UCC Truths

US Tax Foundation Hawaii Info

VAREP Honolulu

Waagey.org

West Maui Taxpayers Association

What Natalie Thinks

Whole Life Hawaii

Yes2TMT