Rice says he won’t pursue further federal court action

HONOLULU (AP) – Harold “Freddy” Rice said he doesn’t think further federal

court action is needed to put in place February’s U.S. Supreme Court ruling on

Office of Hawaiian Affairs elections.

The Big Island rancher who

successfully challenged the Hawaiians-only requirement for OHA voting said it

should be up to OHA, the state and its courts to determine what happens


“We have no further issues,” Rice said. “I only questioned a racial

preference at the ballot box, and my suit didn’t target OHA, per se.”


statements came after the 9th U.S. Circuit Court of Appeals on Wednesday

ordered new federal court proceedings in Hawaii consistent with the Supreme

Court’s ruling.

In the order, the 9th Circuit formally reversed its 1998

ruling upholding a decision the previous year by Ezra in OHA’s favor.


Ben Cayetano also said decisions about what happens next should be made at the

state level.

Cayetano and Rice filed a motion Wednesday telling Ezra they

will ask him not to do anything but enter the judgment and award attorneys’

fees and costs.

The state also was expected to file papers with Ezra saying

OHA’s motion to intervene in the Rice case now is unnecessary and should be


OHA Chairman Clayton Hee was wary of that idea, saying groups that

have already proclaimed the Supreme Court’s decision as merely a first step may

ask the court for more relief.

“Ezra can interpret the (Supreme Court)

decision conservatively as dealing only with the election process or broadly by

reviewing the status of the trustees,” he said.

The state and OHA have

asked the Hawaii Supreme Court for a ruling on whether the sitting OHA trustees

must be replaced in light of the U.S. Supreme Court ruling and, if so, how and



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