Thursday, October 3, 2024
Hawai'i Free Press

Current Articles | Archives

Sunday, September 8, 2019
Legal Fees: OHA Lawyers Bill 15 Times Higher
By Andrew Walden @ 8:24 PM :: 6698 Views :: Ethics, OHA

by Andrew Walden

How inefficient are OHA’s lawyers?

Here is the result from this publication's recent freedom of information (UIPA) case, Walden v Hi’ilei Aloha.

According to check registers for Hi’ilei Aloha and Hi’ipaka, LLCs owned by the Office of Hawaiian Affairs, the law firm ES&A's billings from December, 2016, thru June, 2019, total $268,510—plus a $180-$190 monthly retainer.

From December, 2016, onward, the Hawaii Judiciary Ho’ohiki website shows Walden v Hi’ilei Aloha to be the only litigation in which the LLCs were involved.  The case resulted eventually in First Circuit Judge Jeffrey Crabtree’s ruling that OHA’s LLCs are State agencies subject to UIPA, and his order forcing the LLCs to release their check registers in response to a UIPA request from Hawai’i Free Press. 

The time period covers ES&A’s administrative responses to our initial UIPA request—the first of which was ES&A’s January 7, 2017 letter claiming that “…The Companies are not agencies of the government….”  Billings pick up sharply after the August 28, 2018, filing date of our application for a court order.  

Judge Crabtree also ordered the LLCs to pay our legal fees in the case.  Here’s what Judge Crabtree wrote after Attorney Michael Lilly submitted his bill:

08-28-2019 BY ORDER OF THE COURT

“Frankly, the court was expecting a much larger number for the attorneys' fees, and commends Mr. Lilly on his efficiency…. The total fees and costs awarded is: $17,879.84….

The court has reviewed applicant's non-hearing motion for attorneys' fees and costs…. The court received no opposition. On 8/20/19, respondents filed their "no position."

ES&A billed fifteen times what Lilly billed – and lost.  Perhaps they were embarrassed.  One experienced downtown attorney tells Hawai’i Free Press he has never before seen a “no position” filing in response to a motion for legal fees.

It gets worse.

Departments of the State of Hawaii normally receive legal representation at no cost to their budget from the State Attorney General.  OHA’s LLCs could have received free representation from the beginning, but they have instead wasted a lot of OHA beneficiary money on unnecessary legal bills predicated on the idea that the LLCs –and with them OHA’s 1,875 acre Waimea Valley cultural and historical attraction --had somehow magically become independent of the State of Hawaii Office of Hawaiian Affairs. 

A review of other litigation involving Hi’ilei Aloha and Hi’ipaka shows ordinary business disputes—not cutting edge cases which might expand native Hawaiian entitlements.

As a result of Judge Crabtree’s order, OHA Trustees, July 25, 2019, voted to approve Action Item RM 19-08, revising a clause in the operating agreement of OHA’s LLCs which had previously allowed nepotism.

Was nepotism the “entitlement” for which OHA’s LLCs spent all that money on unnecessary private attorneys?

---30---

Background:

Documents:

Links

TEXT "follow HawaiiFreePress" to 40404

Register to Vote

2aHawaii

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 Federation of Republican Women

Hawaii History Blog

Hawaii Jihadi Trial

Hawaii Legal News

Hawaii Legal Short-Term Rental Alliance

Hawaii Matters

Hawaii Military History

Hawaii's Partnership for Appropriate & Compassionate Care

Hawaii Public Charter School Network

Hawaii Rifle Association

Hawaii Shippers Council

Hawaii Together

HiFiCo

Hiram Fong Papers

Homeschool Legal Defense Hawaii

Honolulu Navy League

Honolulu Traffic

House Minority Blog

Imua TMT

Inouye-Kwock, NYT 1992

Inside the Nature Conservancy

Inverse Condemnation

July 4 in Hawaii

Land and Power in Hawaii

Lessons in Firearm Education

Lingle Years

Managed Care Matters -- Hawaii

MentalIllnessPolicy.org

Missile Defense Advocacy

MIS Veterans Hawaii

NAMI Hawaii

Natatorium.org

National Parents Org Hawaii

NFIB Hawaii News

NRA-ILA Hawaii

Obookiah

OHA Lies

Opt Out Today

Patients Rights Council Hawaii

Practical Policy Institute of Hawaii

Pritchett Cartoons

Pro-GMO Hawaii

RailRipoff.com

Rental by Owner Awareness Assn

Research Institute for Hawaii USA

Rick Hamada Show

RJ Rummel

School Choice in Hawaii

SenatorFong.com

Talking Tax

Tax Foundation of Hawaii

The Real Hanabusa

Time Out Honolulu

Trustee Akina KWO Columns

Waagey.org

West Maui Taxpayers Association

What Natalie Thinks

Whole Life Hawaii