Tuesday, March 2, 2010

Students contesting Kamehameha Schools policy denied anonymity

A federal appellate court today affirmed a lower court ruling denying anonymity to four children on whose behalf a 2008 lawsuit was filed challenging the validity of Kamehameha Schools' admissions policy giving preference to Native Hawaiians.

The ruling today by the 9th Circuit Court of Appeals upheld earlier decisions last year by Hawaii Magistrate-Judge Barry Kurren and District Judge J. Michael Seabright.

"Few tenets of the United States justice system rank above the conflicting principles presented in this case: the transparency and openness of this nation's court proceedings and the ability of private individuals to seek redress in the courts without fear for their safety," the appellate court ruling said.

Attorneys for Kamehameha Schools argued they would be prejudiced in their defense if the plaintiffs were allowed to proceed anonymously.

Lawyers for the plaintiffs argued their clients would be in physical danger if they were publicly identified.

"We are sympathetic to the concerns of the (unnamed) children and their parents, but we recognize the paramount importance of open courts," today's decision said.

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  • E kala mai... but awesome!!!

    If they so strongly believe then they should reveal who they are. In Florida of course we have a very strict Government-in-the-Sunshine Law http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Stat...

    but in Hawai'i they like make any kine. FULL disclosure is awesome!

    Mahalo for posting this because I have not been reading some of the racist diatribes in the papers lately.
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