“In these days of difficulty, we Americans everywhere must and shall choose the path of social justice – the path of faith, the path of hope, and the path of love toward our fellow man.” ― Franklin D. Roosevelt “Becoming an advocate for social justice rests upon a strong conviction in the cause you are fighting for. Such conviction is transformed into successful action through maintaining a positive outlook, which is the foundation of mental strength.” ― Rifk Ebeid "A successful man is one who can lay a firm foundation with the bricks others have thrown at him.” ̶ ― David Brinkley

1. STATE OF HAWAII vs. SAMUEL KALEIKOA KAEO
Freedom Just Causes Fairness and Equality for All
@cliftonmhasegawa
Examines
ISSUE
Has there been an abridgment of Constitutional Rights?
A trial is set to begin Wednesday [January 24, 2018] for one of six protesters
arrested last year while trying to block a large vehicle convoy carrying
equipment to the summit of Haleakala.
Samuel Kaleikoa Kaeo, 51, of Kula has pleaded not guilty to disorderly
conduct, obstructing a highway and refusing to comply with any police
ofcer’s order.
During a hearing last month, Wailuku District Judge Blaine Kobayashi
granted the prosecution’s request to have trial proceedings for Kaeo
conducted in English.
COMMENT - Kenneth Conklin · University of Illinois at
Urbana-Champaign
Thank you Judge Kobayashi for upholding the provision in
the State Constitution which says that “English and Hawaiian
shall be the ofcial languages of Hawaii, EXCEPT THAT
HAWAIIAN SHALL BE REQUIRED FOR PUBLIC ACTS AND
TRANSACTIONS ONLY AS PROVIDED BY LAW.”
That restriction -- the clause that comes after the comma -- is
very important, because it was put there to make clear that
Hawaiian does NOT have equal status with English, nobody
can be forced to speak or write Hawaiian in court, and
nobody can be forced to answer or respond to oral or written
arguments that are presented in Hawaiian language.

2. For details about the fact that no law requires any court to
allow testimony or documents in Hawaiian language, nor to
require prosecutors or witnesses to respond to Hawaiian
language testimony or documents, see
https://tinyurl.com/ybn4l6pd
Source: Trial for protester attempting to block telescope convoy set
The Maui News. January 23, 2018, accessed January 24, 2018
http://www.mauinews.com/news/local-news/2018/01/trial-for-protester-
attempting-to-block-telescope-convoy-set/
___________________________________________________________________
HAWAII JUDICIARY – eCOURT KOKUA
SECOND CIRCUIT - WAILUKU DIVISION
JUDGE BLAINE KOBAYASHI
STATE V. SAMUEL K KAEO
Case ID: 2DCW-17-0002038
Last Updated: 23-Jan-2018, accessed 24-Jan-2018
http://jimspss1.courts.state.hi.us:8080/eCourt/ECC/CaseSearch.iface
09/14/2017 WAIVER RULE 48; WAIVED SPEEDY TRIAL
09/28/2017 WAIVER RIGHT TO COUNSEL
11/22/2017 HAWAIIAN INTERPRETER REQUESTED; STATE TO FILE MOTION
12/27/2017 HAWAIIAN INTERPRETER, STANLEY KIOPE RAYMOND, NOT
PRESENT DUE TO FAMILY EMERGENCY;
STATE WITHDRAWS MOTION TO CONDUCT TRIAL IN ENGLISH;
GRANTED BY COURT;

3. COURT NOTED DEFENDANT HAS RESPONDED IN HAWAIIAN
TODAY; ARGUMENTS HEARD. COURT MADE HIS RULING IN
ABSENCE OF THE HAWAIIAN INTERPRETER;
BAILIFF TO CANCEL THE HAWAIIAN INTERPRETER FOR TRIAL
AND FUTURE PROCEEDINGS
DEFENDANT PRESENT
HEARING ON MOTION GRANTED
TRIAL TO BEGIN ON 24-JAN-2018 AT 10:00 AM IN CTRM 3D
No law requires any court to allow testimony or
documents in Hawaiian language, nor to require
prosecutors or witnesses to respond to Hawaiian
language testimony or documents.
~ Kenneth Conklin
______________________
HAWAII STATE JUDICIARY
COURT INTERPRETERS
http://www.courts.state.hi.us/services/court_interpreting/court_interpreting
Language interpreters play an essential role in the
administration of justice. The Hawai'i state courts use
interpreters when a party or witness in a court case has
limited-English profciency or is unable to hear, understand,
speak or use English sufciently to efectively participate in
court proceedings. Interpreters help such persons have
equal access to justice and help court proceedings
function efciently and efectively.

4. The Judiciary’s Ofce on Equality and Access to the Courts is responsible
for developing, implementing and administering statewide programs and
policies relating to access to the courts for linguistic minorities. The ofce
recruits, registers, educates, and tests interpreters. [Emphasis Supplied]
LANGUAGE SERVICES
廣東話 / 广东话 | Cantonese
Kapasen Chuuk | Chuukese
Ilokano | Ilokano
日本語 | Japanese
한국어 | Korean
Kosrae | Kosraean
國語 / 普通话 | Mandarin
Kajin Majôl | Marshallese
Pohnpei | Pohnpeian
Gagana Samoa | Samoan
Español | Spanish
Tagalog | Tagalog
Lea faka-Tonga | Tongan
Tiếng Việt | Vietnamese
______________________
The Ofce of Language Access (OLA). OLA works to ensure that persons
who do not speak, read, write, or understand English are able to access
services, programs and activities provided by: State government
agencies, COURTS, and schools; and State-funded organizations,
including medical and social service providers. [Emphasis Supplied]
Source: State of Hawaii Ofce of Language Access http://health.hawaii.gov/ola/about-us/

5. HAWAII’S LANGUAGE ACCESS LAW
About one in four Hawaii residents speak a language other than
English at home, which is higher than the U.S. average of 21 percent.
For many, English is not their primary language, and they have only a
limited ability to read, write, speak, or understand English. Language
barriers often prohibit many residents from fully participating in our
community and undermine eforts to become self-sufcient and
productive.
In 2006, the legislature recognized and acknowledged that language is a
barrier for those living in Hawaii who have identifed themselves as being
limited English profcient (“LEP”) and passed Hawaii’s Language Access
law to ensure that LEP individuals have meaningful access to state-funded
services in Hawaii. It is now codifed under Hawaii Revised Statutes 321C.
THE LAW
https://health.hawaii.gov/ola/fles/2016/12/CHAPTER-321C-January-2015.pdf
"Limited English profcient person" means an individual who,
on account of national origin, does not speak English as the
person's primary language and self identifes as having a
limited ability to read, write, speak, or understand the English
language.
The words “national origin” to defne “Limited English Profcient Person (LEP) in
Hawaii Revised Statutes §321C-2 is a limitation without legal basis.
Department of Justice, Limited-English Profciency (LEP.gov) – An Interagency Website
Accessed January 24, 2018 https://www.lep.gov/faqs/faqs.html#OneQ1
Q. Who is a Limited English Profcient (LEP) individual?
A. Individuals who do not speak English as their primary language and who
have a limited ability to read, speak, write, or understand English can be
limited English profcient, or "LEP." These individuals may be entitled language
assistance with respect to a particular type or service, beneft, or encounter.

6. NOTE, SUPPLED: “NATIONAL ORIGIN” IS NOT A QUALIFIER FOR LEP
__________________________________
DEPARTMENT OF JUSTICE COMPLAINT NUMBER 171-21-5
LANGUAGE ASSISTANCE SERVICES IN HAWAII STATE COURTS
March 24, 2015, accessed January 24, 2018
https://www.lep.gov/resources/Hawaii_Closure_ltr(3%2024%2015).pdf
From September 2012 through September 2013 staf from the Federal
Coordination and Compliance Section (FCS) of the Civil Rights Division of the
Department of Justice (DOJ) worked with staf from the Hawai'i State Judiciary
Ofce on Equality and Access to the Courts (OEAC) to begin addressing
complaints that FCS received regarding the provision of language assistance
services in Hawai'i state court proceedings and operations.
In May 2014, the [Hawaii] Judiciary launched fourteen language-specifc
webpages in: Cantonese, Chuukese, Ilokano, Japanese, Korean, Kosraean,
Mandarin, Marshallese, Pohnpeian, Samoan, Spanish, Tagalog, Tongan and
Vietnamese. [Emphasis and Clarifcation Supplied]
In light of the improvements the state has made, we are prepared to formally
close the Civil Rights Division's review of the above-referenced matter upon
receipt of your acknowledgement, memorialized below, of your continuing
commitment to compliance with Title VI, including the requirement to provide
interpretation in court proceedings, free of charge to LEP individuals, and to
ensure meaningful access to court operations. Please note that this letter
addresses only the matters discussed in this correspondence and should
not be construed to cover any other issue regarding the Hawai'i State
Judiciary's compliance with Title VI, the Safe Streets Act, or any other law
enforced by DOJ. Nor does the closing of our review afect any rights that
complainants may have to fle a private lawsuit in a court of law. Nothing
in this letter prevents DOJ from initiating an investigation or compliance
review in the future, if such action is warranted. [Emphasis Supplied]

7. WHO IS SAMUEL KALEIKOA KAEO
A Voice for the Voiceless ̶ Paving the way for theirs to be heard
An Advocate for those who cannot say it for themselves
Kaeo, an assistant professor at the University of Hawaii Maui College, had
asserted his right to speak the Hawaiian language in court and to have
court proceedings translated back to him in Hawaiian.
Source: The Maui News, cited above
̶ empowering, brilliant, activist, leader, pono human, stimulating,
the best professor I have ever been privileged to learn from. This is a
good as they come. maika'i
̶ Deep and powerful. Greatest Hawaiian Studies Professor you will
fnd. Maui is damn lucky!
Source: Rate My Professor. Kaleikoa Kaeo Professor in the Ethnic Studies
Department at University of Hawaii Maui College, Kahului, Maui, Hawaii
http://www.ratemyprofessors.com/ShowRatings.jsp?tid=741256
____________________________________
Freedom Just Causes Fairness and Equality for All
@cliftonmhasegawa
The State of Hawaii Language Access Law omits Native Hawaiian Language
Single language competency is still a barrier for full access to State Courts
Where English is not the primary spoken language
and
Where a language is recognized but not provided by Hawaii language access law