00:00
1X
Aired: August 10, 1997 · Runtime: 1:04:46
With: Samuel P. King (U.S. District Judge; Broken Trust co-author); Walter Heen (retired Judge, Intermediate Court of Appeals; Broken Trust co-author); Ed Case (State Representative)
Host: Randall Roth · Produced by Susie Roth
One day after the Broken Trust essay appeared in the Honolulu Star-Bulletin, Roth convenes three of its five co-authors — Samuel P. King, Walter Heen, and himself — alongside state representative Ed Case to press the essay's core argument: Hawaii's Supreme Court justices should exit the business of appointing Bishop Estate trustees. King, a U.S. district judge and co-author, explains that the arrangement made no sense even in 1971 when he challenged it, since the state constitution does not grant the Supreme Court probate powers. Heen, a retired appellate judge and co-author, adds that the Judicial Selection Commission process was manipulated politically, removing scrutiny without removing politics. Case argues two remedies exist: justices can voluntarily withdraw, or the legislature can prohibit public officials from appointing private-trust trustees. Roth outlines the essay's specific recommendations: an immediate attorney general investigation, removal of trustees for breaches of fiduciary duty, repeal of the statutory fee schedule averaging $900,000 per trustee per year, and a legislative watchdog over all charitable trusts. Callers range from a grateful parent crediting the school's technology to a critic questioning the estate's investment returns. No trustee or justice appears.
Read or download the full transcript (.txt). Speaker labels were assigned automatically and may contain errors.