Ethics Commission Welcomes Supreme Court Decision in Akana Case

News Release from Hawai‘i State Ethics Commission, Sept 17, 2025

Honolulu, Hawai‘i — The Hawai‘i State Ethics Commission (“Commission”) welcomes the Hawai‘i Supreme Court’s decision in Rowena Akana v. Hawai‘i State Ethics Commission (SCWC-19-0000668), which reaffirms that trustees of the Office of Hawaiian Affairs (OHA) are subject to the State Ethics Code. The Court upheld the Commission’s 2019 decision that former trustee Akana committed 47 ethics violations — including misuse of public funds and failure to disclose gifts — and imposed a $23,106.53 fine.

Key Findings of the Decision:

• Jurisdiction affirmed: OHA is not a “political subdivision” requiring its own ethics code; OHA trustees are subject to Hawai‘i Revised Statutes Chapter 84.

• Ethics Code applies fully: OHA trustees are “employees” under the Code and must comply with standards on fair treatment, gifts, and disclosure. 

• Violations upheld: Akana misused trustee allowance funds, accepted legal fees from a beneficiary, and failed to disclose gifts and payments as required by law.

This ruling underscores Article XIV of the Hawai‘i Constitution, which holds all public officials to the highest ethical standards to preserve public trust. By confirming that OHA trustees are not exempt from oversight, the Court strengthens accountability and ensures consistent ethical standards across state government.

“The Ethics Commission is gratified by today’s ruling, which reaffirms that no state official is above the public’s expectation for integrity,” said Wesley F. Fong, Chair of the Hawai‘i State Ethics Commission. “Our duty is to enforce the Ethics Code fairly and consistently. This decision strengthens the integrity of Hawai‘i state government and helps reaffirm that no state employee is above the law.”

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Hawaiʻi Supreme Court: OHA Trustees Bound By State Ethics Code

CB Sept 18, 2025: … Trustees of the Office of Hawaiian Affairs are considered state employees and must abide by the state ethics code, Hawaiʻi Supreme Court justices said in a unanimous opinion Wednesday.

The ruling stems from a series of ethics violations against former Trustee Rowena Akana, who was found to have accepted illegal gifts and used her trustee allowance for personal use on food purchases, television service and Hawaiian Airlines Premier Club membership. Most of those expenses violated both state law and OHA’s internal policies. The court opinion also upheld the 47 ethics violations against Akana as well as a $23,000 fine.

Last year, OHA argued that it should have its own ethics commission to oversee (cover up) the conduct of trustees and staff. …

Akana’s lawyers also argued that the state Ethics Commission, the agency that oversees the ethical conduct of all state employees and brought charges against Akana, didn’t have jurisdiction over OHA.

“We disagree,” Chief Justice Mark Recktenwald wrote in the opinion. “OHA is not a political subdivision such that it requires a separate ethics apparatus.” …

The opinion goes on to say that the Ethics Commission should consider the office’s bylaws when it is weighing charges against trustees. OHA’s most recent policy manuals already require trustees and employees to follow the state ethics code. They also have additional provisions regarding acceptance of gifts, travel expenses, the use of trustees’ allowances and internal staff interactions….

Read the court’s opinion here.

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