The Appellate Seminar
Monday, October 16, 2023
Live In-Person HSBA Conference Room 1100 Alakea St., Ste. 1000 Honolulu, HI 96813 
OR
Live Webcast via link for HSBA members, Non HSBA members, and student bar card members

Morning Session: 9:00 a.m. – 12:15 p.m.

- Highlights of Recent Hawai'i Supreme Court Cases
- Highlights of the 2022 Supreme Court Term
- Appellate Section: Appellate Best Practices Talk Story

3 CLE Credits

*must attend all 3 seminars to receive 3 CLE

Registration is Closed!


Highlights of Recent Hawai'i Supreme Court Cases

Course Description

We will review a wide range of recent decisions issued by the Hawai'i Supreme Court through April 2023, when Justices Nakayama and Wilson retired.

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Moderator & Speaker



Lance D. Collins,
Attorney at Law, Maui, Hawaii

Lance D. Collins is an attorney in private practice before the state circuit and appellate courts and serves as a per diem district and family court judge for the Second Circuit. Since 2019, he has served as the coordinator of the Appellate Pro Bono Program. He served as the Chair of the Maui County Charter Review Commission in 2021. He holds a Ph.D. from the University of Hawai'i and publishes on topics including the legal histories of the Philippines and Hawai'i during their American periods. He has also produced several award winning Hawaiian musical albums and the award-winning narrative feature film, My Partner, set in Lahaina.

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Speakers



Daylin-Rose Heather,
Attorney, Native Hawaiian Legal Corporation (NHLC)

Daylin-Rose H. Heather is a staff attorney at the Native Hawaiian Legal Corporation (NHLC) in the firm's lāhui services practice group. Prior to joining NHLC, Daylin was the Special Assistant to the Administrative Director of the Courts at the Hawaiʻi State Judiciary. She is a former law clerk to Chief Justice Mark E. Recktenwald at the Hawaiʻi Supreme Court, and Associate Judges Daniel R. Foley and Alexa D.M. Fujise at the Intermediate Court of Appeals. She is a graduate of the William S. Richardson School of Law with a certificate in Native Hawaiian Law from the Ka Huli Ao Center. She currently serves as an Oʻahu Director on the board of the HSBA Young Lawyers Division, and is a member of the HSBA Judicial Administration Committee, HSBA Committee on the Delivery of Legal Services to the Public, and the Hawaiʻi Supreme Court's Permanent Committee on Equality and Access to the Courts.



Ben Lowenthal, Deputy Public Defender, Wailuku, Maui

Ben Lowenthal is from Maui. He earned his undergraduate degree in Journalism and studied classical language and literature at San Francisco State University. He earned his law degree at the University of Kansas School of Law. After law school, he worked as a law clerk for the Honorable Judge Corinne K. A. Watanabe at the Intermediate Court of Appeals in Honolulu. In 2007, started working at the Law Office of Philip H. Lowenthal representing clients in civil, criminal, and appellate cases for ten years. In 2017, he became a Deputy Public Defender at the Maui office. He has represented clients in more than 20 jury trials and nearly 60 appeals. He reports cases from Hawai'i appellate courts in his law blog, “Hawai'i Legal News” and writes as a columnist for Civil Beat. He is a member of the Hawai'i State Bar Association’s Civics Education Committee. He enjoys writing, reading, and supporting Liverpool Football Club.

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Highlights of the 2022 Supreme Court Term

Course Description

We will review the major decisions of the U.S. Supreme Court’s 2022 term.

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Moderator



Jocelyn Chong,
Department of the Navy, Office of General Counsel

Jocelyn Chong has been a government attorney since her 2010 admission to the bar, currently working for the Department of the Navy, Office of General Counsel and teaching legal writing and an introductory ERISA course at the University of Hawai‘i William S. Richardson School of Law.  Previously, she was a Deputy Attorney General and clerked for Associate Justice Sabrina S. McKenna and United States District Judge Jill A. Otake, in addition to federal judges in Missouri and Florida.  She has served on the HSBA Board as an O‘ahu Director since 2022, and on the HSBA Appellate Section Board since 2017.  Before the law, Jocelyn taught at Oʻahu public and private schools and worked at a statewide educational not-for-profit.  In her spare time, she enjoys triathlon and golf.

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Speakers



The Honorable Mark Bennett,
Judge of the United States Court of Appeals for the Ninth Circuit

Mark Bennett is a Judge of the United States Court of Appeals for the Ninth Circuit, appointed in 2018.  Judge Bennett graduated summa cum laude from Union College and magna cum laude from Cornell Law School.  After law school, Judge Bennett clerked for the Hon. Samuel P. King, Chief Judge of the United States District Court for the District of Hawaii and then served as an Assistant United States Attorney in the District of Columbia and in Hawaii for a total of nine years.  Following twelve years as a partner at what is now McCorriston Miller Mukai MacKinnon, Judge Bennett served eight years as Hawaii’s Attorney General.  Before becoming a judge, Judge Bennett was a partner for eight years at Starn O’Toole Marcus & Fisher.  As an attorney, Judge Bennett first-chaired more than 100 jury trials and argued more than 50 cases on appeal, including twice successfully before the United States Supreme Court--Lingle v. Chevron, 544 U.S. 528 (2005) and Hawaii v. Office of Hawaiian Affairs, 556 U.S. 163 (2009).


The Honorable Daniel Foley, Nonresident Justice of the Palau Supreme Court

Justice Daniel R. Foley has been a litigator, negotiator, mediator and judge during a legal career that began in 1974.  Justice Foley currently serves as a nonresident Justice of the Palau Supreme Court.  He served as an Associate Judge of the Hawai‘i Intermediate Court of Appeals from 2000 to 2016, handling thousands of appeals from Hawai‘i circuit, district and family courts, and administrative agencies.  During his tenure, Justice Foley chaired the Hawai‘i Access to Justice Commission and co-chaired both the Hawai‘i Appellate Task Force and Committee on Equality and Access to the Courts.

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Appellate Panel: Appellate Best Practices Talk Story

Course Description

In this panel, the three panelists and the moderator will discuss appellate best practices through a ‘talk story’ question-and-answer style session.

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Moderator



Deirdre Marie-Iha, Partner,
Goodsill Anderson Quinn & Stifel

Deirdre Marie-Iha is an appellate practitioner and civil litigator and a partner at Goodsill Anderson Quinn & Stifel.  Deirdre’s appellate experience spans 19 years in both federal and state court.  She has argued numerous times before the Ninth Circuit, the Hawai‘i Supreme Court, and the Intermediate Court of Appeals.  Deirdre has handled well over a hundred appellate proceedings, and over the years her caseload has generated more than 40 published opinions in state and federal courts.  Most recently her appellate work includes corporate governance, banking, other business matters, and extensive trust litigation.  Before joining Goodsill, Deirdre practiced for more than a dozen years as a deputy attorney general at the Hawai‘i AGs office, where she handled a number of high-profile, high-stakes matters, including the furloughs during the 2008-2009 financial crisis; the enactment and subsequent defense of the Marriage Equality Act in 2013-2015; and complex litigation regarding the State’s retiree health benefits.  She was also instrumental in the State’s challenge to the travel ban, Hawaii v. Trump. Deirdre graduated from Cornell University, Phi Beta Kappa, in 1996, and from the University of Colorado School of Law in 1999.   Deirdre has served as Chair of the HSBA Appellate Section since 2021.

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Speakers



The Honorable Mark E. Recktenwald
, Chief Justice of the Hawaii Supreme Court

Mark E. Recktenwald was sworn in as Chief Justice of the Supreme Court on September 14, 2010. He joined the Supreme Court as an Associate Justice on May 11, 2009, and previously served as Chief Judge of the Intermediate Court of Appeals beginning in April 2007. Prior to his appointment to the Intermediate Court of Appeals, Chief Justice Recktenwald served as the Director of the Hawaii Department of Commerce and Consumer Affairs, as an Assistant United States Attorney for the District of Hawai`i, and as an attorney in private practice. Chief Justice Recktenwald received his undergraduate degree from Harvard University and his law degree from the University of Chicago.


The Honorable Lisa M. Ginoza
Chief Judge of the Hawaii Intermediate Court of Appeals

Lisa M. Ginoza was sworn in as Chief Judge of the Intermediate Court of Appeals on April 24, 2018. Prior to being appointed to her current position, she was appointed as an Associate Judge of the Intermediate Court of Appeals on May 6, 2010. A graduate of the William S. Richardson School of Law, Chief Judge Ginoza served as a law clerk to the Honorable Samuel P. King, Senior Judge, U.S. District Court for the District of Hawaii. She then entered private practice with the law firm of McCorriston Miller Mukai MacKinnon, where she became a partner and over the course of fourteen years had an extensive civil litigation practice. In January 2005, Chief Judge Ginoza was appointed to serve as First Deputy Attorney General for the State of Hawaii. She served in this position until her appointment to the Intermediate Court of Appeals in 2010. Chief Judge Ginoza is a Kailua High School graduate and received her undergraduate degree from Oregon State University, with highest distinction. She has served as an Adjunct Professor in Appellate Advocacy at the William S. Richardson School of Law.


Kaliko Fernandes,
Solicitor General for the State of Hawaii

Kalikoʻonālani Fernandes is the Solicitor General for the State of Hawaiʻi.  She leads the Department of the Attorney General’s Appellate Division and has oversight authority over most state and federal appeals handled by the Department, including briefs filed on behalf of the State of Hawaiʻi in the United States Supreme Court, federal courts of appeal, the Hawaiʻi Supreme Court, and the Hawaiʻi Intermediate Court of Appeals.  She is a member of the Hawaiʻi State Judiciary’s Permanent Committee on Equality and Access to the Courts, co-chairs the HSBA Committee on Diversity, Equality, and the Law, and serves on the boards of the Hawaiʻi Chapter of the Federal Bar Association, the Hawaiʻi LGBT Legal Association, and the HSBA Appellate Section.  Kaliko served as a law clerk to the Honorable Richard R. Clifton of the U.S. Court of Appeals for the Ninth Circuit and the Honorable Susan Oki Mollway of the U.S. District Court for the District of Hawaiʻi.

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