SCHHA Retains D.C. Law Firm Jenner & Block

The Sovereign Council of Hawaiian Homestead Associations (SCHHA) entered a pro bono retainer with the Washington, D.C., law firm of Jenner & Block to support the rights of native Hawaiians enrolled and eligible under the Hawaiian Homes Commission Act of 1920 (HHCA) around substandard housing challenges.

SCHHA leadership felt it was important that HHCA enrolled members have the benefit of legal counsel and representation, autonomous from the Hawaiʻi State Attorney General’s (AG) Office which, historically, has not done a good job representing the interests of our homesteaders.

We’re excited for the legal team at Jenner & Block to work with our homestead leaders, with the Department of Hawaiian Home Lands (DHHL), and with the U.S. Department of Interior (DOI) to help deliver on the promises of the HHCA, especially in the area of quality home construction.

Jenner & Block includes over 400 attorneys across the globe, with offices in Washington, D.C., Los Angeles, San Francisco, New York, Chicago and London. Services provided by its Native American law team includes litigation, investigations, and government relations, tribal sovereign immunity, water rights, taxation, sacred site protection, treaties, reservation and tribal trust land status, tribal governance, gaming, lending, as well as international litigation.

SCHHA will be engaged with Special Counsel Krystalyn Kinsel (Navajo) and Special Counsel Craig Williams (Choctaw), as well as Jenner & Block partners, Charles Galbraith (Navajo) and Keith Harper (Cherokee).

These attorneys represent some of the top legal minds in the country, with incredible expertise in Native American affairs. We are especially grateful to Robin Puanani Danner, our former SCHHA CEO and current TiLeaf Group CEO who first engaged with Galbraith when he was an advisor to President Obama in the White House, supporting our efforts to codify federal regulations on sections of the HHCA, as well as the broader issue of self-determination.

And many of our waitlist beneficiaries and plaintiffs in the Kalima case also know Harper well, for his testimony and support bringing to light the untenable delays to receiving homestead timely lot awards.

Jenner & Block approved pro bono representation and engagement with the SCHHA earlier this year. This relationship will bring our homesteaders the legal analyses of, and access to the law (statutes), that we need to advance our rights and have a powerful voice. Our goal is not litigation, but rather resolution to long-standing challenges.

For years our homesteader and waitlist beneficiaries have been in a disadvantaged legal position with DHHL having the full benefit of the AG. Yes, we may have had an attorney from the AG’s office also assigned to represent us – but, what’s that saying about “serving two masters”? Did any of our beneficiaries feel they were adequately or fairly represented?

I’m hopeful this engagement with Jenner & Block will change the “David and Goliath” dynamic and bring about solutions for our homestead families in very real situations. I’m also hopeful that Gov. Josh Green and DHHL Director Kali Watson will seize this opportunity to work closer with us.

Founded in 1987, the Sovereign Council of Hawaiian Homestead Associations (SCHHA) is the oldest and largest governing homestead association registered with the Department of Interior, exercising sovereignty on the trust lands established under the Hawaiian Homes Commission Act of 1920. For information contact policy@hawaiianhomesteads.org.