Category Archives: Legislature

At-grade option offers a way out of Honolulu’s train wreck

I was sorry to see Lee Cataluna’s glib column this morning disparaging the possibility of incorporating the at-grade option in order to complete Honolulu’s rail system, which is currently collapsing under the weight of dramatic cost overruns, inept planning and management, and vicious politics, which have combined to create world-leading per-mile costs.

A coalition has emerged to promote an at-grade option which promises lower costs and an improved rider experience at street level. We should be jumping at this option, not finding excuses to not even explore it further.

It doesn’t sound to me like Cataluna took the time to read any of the extensive documentation provided to support the at-grade alternative (see the Salvage the Rail report here).

Here’s the best Cataluna can do to deride this alternative proposal.

But that utopian photo rendering is not what downtown Honolulu streets look like. Where are the bicycles whizzing through intersections with impunity? Where are the guys on high-pitched, foul-smelling mopeds weaving in and out of traffic? Where are the people with their eyes glued to their phones and their ears plugged with earbuds leisurely moseying across the crosswalk while the red hand blinks to no effect? Where are the drivers yapping on their phones? The crush of late and frazzled commuters? The grandmas with huge dark glasses slowly pulling their wheeled shopping baskets along the roadside? The city streets are already full up, maxed out and crazy with vehicles, pedestrians and troublemakers without a train plowing through all that chaos. Will all those users suddenly be off the pavement and on the train?

The fact is that virtually all cities in the U.S. and internationally that have built rail systems in the past three decades have relied on the kind of light rail technology that allows trains to run on the ground, through shopping areas and downtown malls. They have all dealt with these common traffic issues. Planners have had to develop techniques for minimizing the issues Cataluna seems to feel are unsolvable.

It seems to me that officials have a responsibility to carefully assess this alternative now, before the opportunity passes. If there’s a chance that it can salvage a reasonable rail system out of the current financial train wreck, even if Hawaii drivers experience a bit of stress along the way, it’s not something to reject out of hand as Cataluna would have us do.

Right now, there are several possible scenarios. We could proceed with business as usual, and will probably end up spending $12 billion or more to complete the train as originally planned.

On the other hand, it’s always possible that Honolulu will be forced to throw in the towel, admit financial defeat, and spend the next ten years paying to demolish the parts of the system already built.

Or we’ll limp along, find a way to control the budget by stripping out all frills and extras, cutting stations and amenities, ending up what will still be the world’s costliest urban rail system, but with fewer stops, fewer riders, and perpetual ongoing deficits.

None of those are pretty pictures.

Given those alternatives, I would think reasonable people would want to spend some time to understand how other cities across the globe have made at-grade rail systems work.

Cataluna’s clever localisms don’t do anything to further that understanding.

Help keep Hawaii Courts fair and impartial

Here’s a legislative alert from Common Cause Hawaii concerning a public hearing on pending bills that would politicize the reappointment of judges and eventually threaten the independence of the Judiciary as a whole.

We all agree that our courts should be fair and impartial — but new bills in the Hawaii Senate¹ will require the state Senate to approve judges or justices when they renew their terms.

This is sometimes called “re-retention” and is the opposite of the checks and balances of our system!

This proposal would invite political influence on the Judiciary, undermining public confidence and trust in the fairness and impartiality of the courts.

We can stop it if enough of us speak out. The most important way to help is to submit written testimony (it is easy to do online and takes just a few minutes).

With your help we were able to defeat last year’s proposal to make judges elected positions. Let’s stop this new attempt to influence our courts!

Instructions on how to submit testimony (pick one option):

Click here for tips on how to write testimony.

• Submit testimony for each bill via the capitol website. Note: it’s fine to submit the same testimony for both bills. Click here for a handy website guide.

OR

• Submit 1 testimony for both of these bills (be sure to list both bill numbers) via email. Email your testimony to: JDLtestimony@capitol.hawaii.gov

Talking points:

Separation of powers. The Judiciary is 1 of 3 branches of government that, through our system of checks and balances, helps to ensure no one branch wields excessive influence. Re-retention by the Senate would influence our judges and justices, blurring the separation of powers among the 3 branches.

This proposal would invite political influence on the Judiciary undermining public confidence and trust in the fairness and impartiality of the courts.

When a judge faces re-retention, the judge faces retrospective views by the Senate, public, political action committees, special interest groups, and other entities, any of which may have had an interest in a particular result in a particular case. This may result in intense political pressure during the re-retention process.

Mahalo and Imua,

Corie Tanida, executive director
and the Common Cause Hawaii Team

P.S. The committee hearing is scheduled for Wednesday, February 8, 2017, 9am at the Capitol. Please join us if you can at Room 016, Hawaii State Capitol, 415 S Beretania St, Honolulu, HI 96813. Let me know if you are interested — email me at hawaii@commoncause.org

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Footnotes:

[1] The bills are SB328 and SB673

Judiciary column proved to be timely

When I wrote my Civil Beat column this week, I didn’t realize it would be published the same day that the Chief Justice gave his annual “State of the Judiciary” speech at the Legislature.

The column echoed a couple written last year on the same topic (unfortunately, the issue hasn’t gone away).

Here’s a link: “Ian Lind: Hawaii Lawmakers Needlessly Renew Assault On The Judiciary.”

Several bills introduced this year would transfer decisions regarding the reappointment of state judges and justices to the Senate from Hawaii’s independent Judicial Selection Commission. It looks a lot like a replay of legislative moves made last year, which were widely interpreted as not-very-veiled threats against the justices of the state Supreme Court by unhappy legislators.

So I was surprised to learn later that that this issue had provided the frame for the CJ’s speech.

Here’s an excerpt from Chief Justice Mark Recktenwald’s prepared remarks, which are worth reading.

In performing our mission of deciding cases, we affect and
touch the lives of virtually everyone in our community. The
broad range of matters that come to our courts for resolution
include criminal prosecutions, and disputes involving family
relationships and children, the environment, land use, civil
rights, employment, personal injury, collective bargaining, and
business relations, among others.

Our ability to perform that role comes from one thing, and only one thing: the public’s trust in our integrity and impartiality.

People must know that they will get a fair shake in our
courts, whatever their background or economic status, and even if
their views are not popular or shared by the majority.

Essential to our ability to decide cases fairly and
impartially is the principle of judicial independence. This is a
critical part of the separation of powers that is fundamental to
our democracy.

Judicial independence does not mean that judges are free to
decide cases however they may want. To the contrary, they must
follow the rule of law, and faithfully apply the constitutions
and laws of the United States and Hawai?i to the facts of each case.

Judicial independence does mean that judges are able to
decide cases impartially–free from passion, pressure, or outside
influence. Only then can we expect the public to have confidence
and trust in our decisions.

Key legislators are still acting like they have no idea what the fuss is about, and disclaiming any ulterior motives. Don’t believe it.

Time for a State Board of Transportation

After celebrating Christmas on Maui, veteran reporter and Civil Beat columnist Denby Fawcett took to Facebook to criticize conditions at the airport in Kahului.

Leaving Maui. Filthy airport bathroom. No toilet paper in dispensers. Trash tossed all over the floor. State of Hawaii, do you care about Hawaii’s image?

She included a photo of the mess, which was quickly matched by another photo accompanying a comment about a bathroom at the interisland terminal at Honolulu’s airport.

That person commented:

You think that’s bad? This is Honolulu international airport, inter-island terminal. It looks like a crime scene! Plus half the doors don’t work. We have 9 million tourist who vacay here. Why can’t we have decent bathrooms at the airport?

Of course, if you’re a regular reader here, you’ll recognize this familiar topic.

For example, see:

More Airport Woes

Continuing Airport Woes

Airport Maintenance Woes Still Obvious to Travelers

In the past, I’ve heard legislators attribute the poor performance of airport administrators to the relative autonomy of the transportation department’s budget, which primarily draws on funds restricted to airport use.

Perhaps its time for the legislature to create a Board of Transportation to provide some modicum of citizen oversight over the agency that charged with operating our airports, harbors, and highways.

Nothing unique here. Other major departments have their departmental boards. UH has the Board of Regents. DLNR has the Board of Land and Natural Resources. The Health Department has a Board of Health. Hawaiian Homes has the Hawaiian Homes Commission. These all provide, a minimum, a forum for public discussion of issues facing their departments, and a place where the public has an institutional voice. It’s not a new idea, although one likely to be opposed by administrators used to answering to no one.

An alternative would be to break it down by functions, with an Airports Commission, Harbors Commission, and Highway Commission.

What do you think?