H. William Burgess
Encyclopedia
H. William Burgess is an attorney
who lives in Hawaii
. He and his wife Sandra Puanani Burgess, who is of Chinese, Filipino and Hawaiian ancestry, are opponents of the Hawaiian sovereignty movement
and of government programs that benefit Native Hawaiians
preferentially. Burgess was instrumental in bringing two controversial lawsuits seeking to have such programs declared unconstitutional.
. The lawsuit, Arakaki v. State of Hawaii, challenged the requirement that trustees of the Office of Hawaiian Affairs
(OHA) be of Hawaiian ancestry, on the basis of the Fourteenth Amendment
, the Fifteenth Amendment
and the Voting Rights Act
. In August 2000, U.S. District Judge Helen Gillmor ruled against the OHA requirement, clearing the way for the plaintiff, Conklin: a non-Hawaiian, to make an unsuccessful election bid for OHA office that November. Two years later, in December 2002, the United States Court of Appeals for the Ninth Circuit
upheld Gillmor's ruling clearing the way for all non-Hawaiians to run for election, and to serve if elected, as trustees of OHA, but based the ruling only on the Fifteenth Amendment finding it unnecessary to rule on the Fourteenth Amendment.
, they demanded they be dismantled. In November 2003 U.S. District Judge Susan Oki Mollway
removed the Hawaiian Homelands-related entities and the U.S. federal government from the suit and in January 2004 dismissed the rest of the suit on the grounds that legislatures, not courts, should decide the questions at issue. In August 2005, a 2 to 1 decision by the U.S. Ninth Circuit Court of Appeals reversed Mollway, finding that state taxpayers had standing to challenge appropriation of tax moneys to OHA.
petitioned the U.S. Supreme Court for a writ of certiorari
, arguing that state citizens, "simply because they pay taxes to the state," may not challenge her and other officials' use of some public money, land and privileges exclusively for one race. The petition asks the high court to grant certiorari and resolve the "very important and fundamental state taxpayer standing questions" presented.
The plaintiffs, Earl Arakaki and 13 other Hawaii residents, saw the Governor's petition as an opportunity for the Supreme Court to resolve all standing questions. On March 3, 2006, the plaintiffs filed a Conditional Cross-Petition for a Writ of Certiorari, asking the Supreme Court, if it grants the Governor's petition, to also grant theirs; and review all the "standing" orders including those dismissing plaintiffs' "very important and fundamental" trust beneficiary standing, as well as the unprecedented orders restricting their state taxpayer standing.
On March 7, 2006 the plaintiffs filed a Brief in Opposition to the Governor's argument, pointing out that they do not sue "simply because they pay taxes," but because the state does not treat all taxpayers equally. It singles out plaintiffs and other taxpayers similarly situated and denies them the benefit of the part of their taxes used exclusively for those of the favored racial ancestry.
On March 9, 2006, twenty states filed an amicus curiae brief in support of the Governor of Hawaii's petition. They argue that "certiorari is necessary to restore certainty to the law."
On May 8, 2006, the Solicitor General filed a brief for the United States in opposition to the cross petition, arguing that the Plaintiffs lack standing to sue because the U.S. "does not require the State of Hawaii to impose taxes to support those undertakings." As to Plaintiffs' trust beneficiary claims, the Solicitor-General argues that the HHCA and Admission Act "extinguished any trustee role that the United States might once have had."
The plaintiffs filed their reply brief on May 17, 2006.
publisher Thurston Twigg-Smith
founded a limited liability corporation called "Aloha for All".
An August 14, 2005 Honolulu Advertiser article reported that Burgess is both lead attorney for Aloha for All and legal counsel for the Grassroot Institute
of Hawaii, a second non-profit which has gained prominence through its intense lobbying campaign against the Akaka Bill
. In response, both Burgess and Grassroot Institute of Hawaii have stated that Burgess is a member but has never been legal counsel for Grassroot Institute of Hawaii; and that Grassroot's role with respect to the Akaka bill has been to foster public education and discourse which had previously been woefully inadequate considering the potentially profound consequences of the bill.
Lawyer
A lawyer, according to Black's Law Dictionary, is "a person learned in the law; as an attorney, counsel or solicitor; a person who is practicing law." Law is the system of rules of conduct established by the sovereign government of a society to correct wrongs, maintain the stability of political...
who lives in Hawaii
Hawaii
Hawaii is the newest of the 50 U.S. states , and is the only U.S. state made up entirely of islands. It is the northernmost island group in Polynesia, occupying most of an archipelago in the central Pacific Ocean, southwest of the continental United States, southeast of Japan, and northeast of...
. He and his wife Sandra Puanani Burgess, who is of Chinese, Filipino and Hawaiian ancestry, are opponents of the Hawaiian sovereignty movement
Hawaiian sovereignty movement
The Hawaiian sovereignty movement is a political movement seeking some form of sovereignty for Hawai'i. Generally, the movement's focus is on self-determination and self-governance, either for Hawaiʻi as an independent nation, or for people of whole or part native Hawaiian ancestry, or for...
and of government programs that benefit Native Hawaiians
Native Hawaiians
Native Hawaiians refers to the indigenous Polynesian people of the Hawaiian Islands or their descendants. Native Hawaiians trace their ancestry back to the original Polynesian settlers of Hawaii.According to the U.S...
preferentially. Burgess was instrumental in bringing two controversial lawsuits seeking to have such programs declared unconstitutional.
Arakaki v. State of Hawaii
In July 2000, Burgess filed suit against the State of Hawaii on behalf of 13 plaintiffs, among them Kenneth R. ConklinKenneth R. Conklin
Kenneth R. Conklin is a retired schoolteacher who moved to Hawaii from Boston in 1992 and currently lives in Kāneʻohe. He is an opponent of the Hawaiian sovereignty movement, accusing those within it of preaching racism and apartheid, and has also sought to overturn existing laws and practices...
. The lawsuit, Arakaki v. State of Hawaii, challenged the requirement that trustees of the Office of Hawaiian Affairs
Office of Hawaiian Affairs
The Office of Hawaiian Affairs is a semi-autonomous entity of the state of Hawaii charged with the administration of 1.8 million acres of royal land held in trust for the benefit of native Hawaiians...
(OHA) be of Hawaiian ancestry, on the basis of the Fourteenth Amendment
Fourteenth Amendment to the United States Constitution
The Fourteenth Amendment to the United States Constitution was adopted on July 9, 1868, as one of the Reconstruction Amendments.Its Citizenship Clause provides a broad definition of citizenship that overruled the Dred Scott v...
, the Fifteenth Amendment
Fifteenth Amendment to the United States Constitution
The Fifteenth Amendment to the United States Constitution prohibits each government in the United States from denying a citizen the right to vote based on that citizen's "race, color, or previous condition of servitude"...
and the Voting Rights Act
Voting Rights Act
The Voting Rights Act of 1965 is a landmark piece of national legislation in the United States that outlawed discriminatory voting practices that had been responsible for the widespread disenfranchisement of African Americans in the U.S....
. In August 2000, U.S. District Judge Helen Gillmor ruled against the OHA requirement, clearing the way for the plaintiff, Conklin: a non-Hawaiian, to make an unsuccessful election bid for OHA office that November. Two years later, in December 2002, the United States Court of Appeals for the Ninth Circuit
United States Court of Appeals for the Ninth Circuit
The United States Court of Appeals for the Ninth Circuit is a U.S. federal court with appellate jurisdiction over the district courts in the following districts:* District of Alaska* District of Arizona...
upheld Gillmor's ruling clearing the way for all non-Hawaiians to run for election, and to serve if elected, as trustees of OHA, but based the ruling only on the Fifteenth Amendment finding it unnecessary to rule on the Fourteenth Amendment.
Arakaki v. Lingle
In March 2002, Burgess teamed up again with another attorney, Patrick W. Hanifin to file a second lawsuit, Arakaki v. Lingle, on behalf of 16 plaintiffs challenging the constitutionality of OHA and the Hawaiian Homes Commission ActHawaiian Homelands
Hawaiian Homelands were lands dedicated to Native Hawaiians by legislation known as the Hawaiian Homes Commission Act of 1921.-History:Upon the 1893 Overthrow of the Hawaiian Kingdom, the idea for "Hawaiian Homelands" was first born...
, they demanded they be dismantled. In November 2003 U.S. District Judge Susan Oki Mollway
Susan Oki Mollway
Susan Oki Mollway is a federal district judge on the United States District Court for the District of Hawaii and the first Asian-American woman ever appointed to the federal bench.- Early life and education :...
removed the Hawaiian Homelands-related entities and the U.S. federal government from the suit and in January 2004 dismissed the rest of the suit on the grounds that legislatures, not courts, should decide the questions at issue. In August 2005, a 2 to 1 decision by the U.S. Ninth Circuit Court of Appeals reversed Mollway, finding that state taxpayers had standing to challenge appropriation of tax moneys to OHA.
Arakaki v. Lingle: Filings in the U.S. Supreme Court
On February 2, 2006, Hawaii Governor Linda LingleLinda Lingle
Linda Lingle was the sixth Governor of Hawaii. Lingle holds a number of distinctions: first Republican elected governor of Hawaii since the departure of William F...
petitioned the U.S. Supreme Court for a writ of certiorari
Certiorari
Certiorari is a type of writ seeking judicial review, recognized in U.S., Roman, English, Philippine, and other law. Certiorari is the present passive infinitive of the Latin certiorare...
, arguing that state citizens, "simply because they pay taxes to the state," may not challenge her and other officials' use of some public money, land and privileges exclusively for one race. The petition asks the high court to grant certiorari and resolve the "very important and fundamental state taxpayer standing questions" presented.
The plaintiffs, Earl Arakaki and 13 other Hawaii residents, saw the Governor's petition as an opportunity for the Supreme Court to resolve all standing questions. On March 3, 2006, the plaintiffs filed a Conditional Cross-Petition for a Writ of Certiorari, asking the Supreme Court, if it grants the Governor's petition, to also grant theirs; and review all the "standing" orders including those dismissing plaintiffs' "very important and fundamental" trust beneficiary standing, as well as the unprecedented orders restricting their state taxpayer standing.
On March 7, 2006 the plaintiffs filed a Brief in Opposition to the Governor's argument, pointing out that they do not sue "simply because they pay taxes," but because the state does not treat all taxpayers equally. It singles out plaintiffs and other taxpayers similarly situated and denies them the benefit of the part of their taxes used exclusively for those of the favored racial ancestry.
On March 9, 2006, twenty states filed an amicus curiae brief in support of the Governor of Hawaii's petition. They argue that "certiorari is necessary to restore certainty to the law."
On May 8, 2006, the Solicitor General filed a brief for the United States in opposition to the cross petition, arguing that the Plaintiffs lack standing to sue because the U.S. "does not require the State of Hawaii to impose taxes to support those undertakings." As to Plaintiffs' trust beneficiary claims, the Solicitor-General argues that the HHCA and Admission Act "extinguished any trustee role that the United States might once have had."
The plaintiffs filed their reply brief on May 17, 2006.
Aloha for All
In 1999 Burgess and his wife, Sandra Puanani Burgess, created the Aloha for All website, www.Aloha4all.org to spread their message that 'Aloha is for everyone': Every citizen of Hawaii is entitled to the equal protection of the laws whatever his or her ancestry. In 2003, former Honolulu AdvertiserHonolulu Advertiser
The Honolulu Advertiser was a daily newspaper published in Honolulu, Hawaii. At the time publication ceased on June 6, 2010, it was the largest daily newspaper in the American state of Hawaii. It published daily with special Sunday and Internet editions...
publisher Thurston Twigg-Smith
Thurston Twigg-Smith
-Biography:Twigg-Smith is a fifth generation Hawaii resident. He was born in 1921 in Honolulu, Hawaii. He is the son of William and Margaret Thurston Twigg-Smith , making him the great-great grandson of Asa and Lucy Goodale Thurston as well as Lorrin Andrews — who were pioneer missionaries to the...
founded a limited liability corporation called "Aloha for All".
An August 14, 2005 Honolulu Advertiser article reported that Burgess is both lead attorney for Aloha for All and legal counsel for the Grassroot Institute
Grassroot Institute
The Grassroot Institute of Hawaii is a 501 non-profit corporation engaging in issues research and education of voters and political representatives. The Institute is based in Honolulu. It was founded in 2000 by Richard O. Rowland...
of Hawaii, a second non-profit which has gained prominence through its intense lobbying campaign against the Akaka Bill
Akaka Bill
The Native Hawaiian Government Reorganization Act of 2009 S1011/HR2314 is a bill before the 111th Congress. It is commonly known as the Akaka Bill after Senator Daniel Akaka of Hawaii, who has proposed various forms of this bill since 2000....
. In response, both Burgess and Grassroot Institute of Hawaii have stated that Burgess is a member but has never been legal counsel for Grassroot Institute of Hawaii; and that Grassroot's role with respect to the Akaka bill has been to foster public education and discourse which had previously been woefully inadequate considering the potentially profound consequences of the bill.