FAQs
Who are Kamehameha Schools (KS) stakeholders?
Those who have a primary and direct stake in the achievement of Kamehameha Schools’ mission, which is to improve the capability and well-being of people of Native Hawaiian ancestry through education in perpetuity.
This includes KS alumni, current and former KS faculty and staff, present and past recipients of KSʻs educational services (all campuses, community programs and scholarship recipients) and their parents or guardians, and members of the broader Native Hawaiian community who know and understand KS’s mission, whether they have benefited from KS’s programs or not.
What is the current KS trustee selection process?
The current KS trustee selection process involves a screening committee of seven people who review the applications of interested candidates and recommend three finalists to the Probate Court which makes the final selection and appoints. Members of the screening committee are appointed by the Probate Court with a mix of community citizens and Kamehameha stakeholders.
View KS trustee selection process infographic.
The current KS trustee selection process was adopted by the Probate Court on January 6, 2000. It replaced the process set forth in the 1883 Will of Ke Ali’i Bernice Pauahi Bishop that designated the justices of the State of Hawaiʻi Supreme Court (which has replaced the Supreme Court of the Kingdom of Hawaiʻi) as agents in appointing successor trustees. Under the Will, the justices acted in their private and individual capacities, not as a judicial entity. On December 20, 1997, four of the five sitting Supreme Court justices announced they would no longer participate in trustee selection.
At any time, can a majority of the sitting justices could choose to participate in trustee selection again in accordance with Pauahiʻs Will?
Yes, that could happen. However, we do not believe that is likely to occur for several reasons.
First, under Hawai’i’s judicial code of ethics, judges are subject to restrictive rules for avoiding conflicts of interest. Should any matter involving KS come to the Supreme Court, all justices would have to recuse themselves and appoint others to fulfill that responsibility. Effectively, this means the Supreme Court would not be available to KS as a final recourse in matters dealing with the Trust. In considering whether they might participate in the selection process or not, they would need to choose between the Will, on the one hand, and KS’s right to due process, on the other. We believe they would choose the latter.
Second, the trustee controversy of the 1990’s brought the justices under the spot light for their role in appointing the trustees who sat on the board at that time. This public scrutiny became a major distraction to their primary responsibilities for upholding State law and protecting the State Constitution. We believe current and future justices understand these distractions have not gone and will not go away.
Is the current KS trustee selection process the same as other estates in Hawai’i?
We cannot comment with certainty about ALL trusts in Hawai’i because our research has not been all-encompassing, however, what we DO know is that two other Ali’i Trusts – Lunalilo and Liliuokalani – follow a trustee selection process that is driven and managed by their stakeholders rather than by individuals solicited from the general community in Hawai’i.
There are numerous other charitable trusts in Hawai’i. We know of none that have their governing leaders, i.e, trustees and directors, selected by individuals who are not affiliated or associated with the trust itself. KS is the only trust of which we are aware that does so.
What involvement do KS stakeholders have in the current trustee selection process?
Stakeholders have served on screening committees since the first in 2000. However, these screening committees also include non-stakeholders who have no affiliation or association with KS and its mission nor have knowledge and understanding of the Native Hawaiian community. On several of these committees, non-stakeholders served in the majority.
Why is it important for KS stakeholders to be involved in the trustee selection process?
Decisions affecting KS should be guided by those who have the deepest ties to its mission and legacy. At the heart of this position is the principles of self-determination and self-governance. The issue is more than about representation; it is about empowerment – having the KS ‘ohana – students, alumni, faculty, staff and families – determine who should govern KS as an institution built to uplift Hawaiians that aligns with the vision and enduring values of Ke Ali’i Pauahi. Consistent with these principles, the role of stakeholders should be to select trustees and manage the selection process.
What needs to be done to change the KS trustee selection process?
The Probate Court is responsible for the trustee selection process and any changes must be coordinated and approved by that judicial body. A request to change the process is made through petition by parties who have standing in the Court. Stakeholders, in general, do not have standing. The KS Board of Trustees, the Court Master and the Attorney General have standing.
A petition to review the process was filed by the Board of Trustees in 2022; a panel of three Special Masters to review the process was convened by the Probate Court in 2023; a report was submitted to the Probate Court by the Special Masters in 2024. The Probate Court continued a hearing on the Special Masters’ report held on September 19, 2024 to November 14, 2024.
Before the Probate Court rules on the petition filed by the KS Trustees, more voices supporting a change in the selection process need to be heard by the Court. Though stakeholders, other than KS’s Board of Trustees, cannot petition the Court, our voices can be heard through other channels including letters to the Probate Court.
What efforts have been made to change the KS trustee selection process?
View our timeline and documents.
What can I do to help?
SWELL THE ECHO! Share this website on Facebook, Instagram, X/Twitter and through email to friends, family and other Kamehameha stakeholders!
JOIN THE KAIĀULU! Receive, study and share the latest updates, announcements and event information with others!
GET INVOLVED! Attend the hearing on the Special Masters’ Report in the Probate Court on Thursday, November 14, 2024! The Honorable Jeannette Castagnetti, who continued the hearing on the matter held on September 19th, will likely render a decision on the Special Court Masters’ Report regarding their review of the Kamehameha Schools trustee selection process. It is important that we have a strong visible presence in the Probate Court courtroom, located in the First Circuit Court Building, 4th Floor, 777 Punchbowl Street. The hearing begins at 11:00 am. Seating in the courtroom is limited. We ask all who attend to maintain a quiet, respectful and dignified decorum during the hearing. Please wear blue and white.
It is important all KS stakeholders inform themselves on the issues and stay abreast of the developments.