Joshua Wisch would have favored rebranding this interview series as “Names in the News.” He floated the idea of having the whole staff in the photo, but settled for the opportunity to share the spotlight a bit. As the new executive director at the American Civil Liberties Union of Hawaii, he succeeds its longtime head Vanessa Chong and credited her guidance.
And another virtual lei was deposited around fellow staffers Mateo Caballero, Kit Grant, Wookie Kim, George Cordero, Ainsley Dowling and Tracey Tokuoka. Wisch’s outlook: The nonpartisan nonprofit can’t possibly pay people enough for their devotion to the cause, so acknowledgement is owed.
Wisch, 43, comes to that cause, armed with a Georgetown University law degree and years as special assistant to the Hawaii attorney general. He transitioned from his Midwest origins to set down roots in Hawaii, having met his isle-born wife while both were undergraduates at Carnegie Mellon University.
Among the ACLU’s current concerns is examining where equal treatment for student athletes under the federal Title IX statute could use improvement in the state’s public schools. And that, he said, takes him back to his experience, while still a student, interning in the congressional office of the late U.S. Rep. Patsy Mink, who famously championed Title IX.
The ACLU does attempt to work out disputes before heading to court, Wisch said, but litigation has been a key component of its work in Hawaii. The homelessness issue is a centerpiece of that, with the Hawaii chapter taking the city to court over its homeless “sweeps.”
He wishes people would not be so quick to see those who are unsheltered as estranged from the larger community.
“One approach we would generally take is, just because there is someone who, at the time, doesn’t have a house or apartment they can go to at night doesn’t mean they have sacrificed their civil liberties,” he said. “They’re still citizens; they’re still Hawaii residents. They’re not just some ‘other’ group that you sweep under the rug.”
Question: Can you summarize the advantages ACLU’s bail reform ideas would present?
Answer: Keep in mind that when we talk about bail reform, we are talking about pre-trial detainees: people who have not been convicted of the crime they’re accused of committing. They haven’t even gone to trial yet. These people are simply innocent in the eyes of the law.
Our recommendations … would fix multiple constitutional problems, which would in turn solve practical issues.
For example, in Hawaii, Native Hawaiians, other Pacific Islanders and Filipinos are more likely to be accused of crimes like drug possession, even though all ethnicities use drugs equally. And when two people are accused of the same crime and assessed the same bail amount, what typically determines who is released is who can afford it. …
About half of the people in Hawaii jails are pre-trial detainees who have not been convicted of the crime they’ve been accused of committing. Making sure they’re not stuck in jail just because they cannot afford bail will address the constitutional issues and save the state the money it’s costing to keep pre-trial detainees in jail when they don’t have to be there.
Q: What are the challenges of implementing these changes? Can you acknowledge any risks?
A: One challenge is correcting the misperception that anyone accused of a crime must be guilty. That is sometimes true, of course, but certainly not always. Anytime you try to address criminal justice reform, there will be people who think you’re trying to be “soft” on crime.
That is not the case here. We’re trying to be smart on crime. For example, the primary purpose of bail is to guarantee someone shows up for court. Money bail is not particularly good at that. Other states understand this and have been using non-money bail effectively, like text reminders for court dates and releasing people to their family’s custody.
Also, anyone accused of a crime has constitutional rights, such as the right to a fair trial and the right to effective counsel. In the current system, though, many people don’t have a real chance to exercise these rights. For example, even just a few days of pretrial detention can lead to loss of housing and employment.
So, a woman who is sitting in jail because she cannot afford the $20,000 bail (the average bail amount for the lowest-level felony on Oahu) has an incentive to plead guilty – even if she’s innocent – just so she can go back to work and take care of her family. …
Q: In wake of the recent escape from the Hawaii State Hospital: How should civil rights be balanced with security in the mental health setting?
A: The ACLU supports efforts to keep people safe. We also demand those efforts not violate the Constitution. The police cannot stop and frisk someone because of their skin color. The state also cannot electronically monitor someone just because they are under a doctor’s care for mental health. …
When you look at the most shameful parts of our history, they happened when we abandoned our values in the name of security. We need to learn from that and create security procedures … that work within the constitutional framework, not outside of it.
Q: What are ACLU’s chief priorities in the legislative session?
A:In addition to bail reform, we are tracking various bills including ones that would provide more data from the Department of Public Safety; decriminalize cannabis; prevent internet service providers from selling your information to the highest bidder; and prevent companies and schools from forcing employees and students to disclose their social media passwords and information.
Q: What’s your current take on the immigration controversy, and the ACLU’s role in that?
A: We are a nation of immigrants. Unless you’re Native Hawaiian or Native American, your family came from somewhere else. Legally and constitutionally, people who immigrate to the United States have rights. And practically and historically, immigrant families have been the engine that has powered our country’s cultural and economic success.
Unfortunately, President Trump has been trying to make people fear recent immigrants – especially the ones that aren’t white. … The underpinnings of his immigration policies — starting with the Muslim ban — are illegal and unconstitutional.
The ACLU said before the president took office that if he tried to implement his unconstitutional policies we’d see him in court. That’s what we’ve done. …
Q: How did your years at the AG’s Office prepare you for this post? Conversely, has your perspective on the law changed to do this job?
A: I valued my time at the Hawaii Department of the Attorney General. The work was interesting and meaningful and the people there are wonderful, dedicated public servants. And over much of my time, the work of the department coincided with the ACLU’s work. For example, both offices fought the Muslim ban.
Of course, at the ACLU of Hawaii we’re not always going to be on the same page as the government, which is as it should be. Our mission is to protect people’s civil liberties so we are, in essence, a government watchdog. My government experience will only help me in my new role.
Q: What do you see as the primary threats to civil rights today? Technology? Something else?
A: I think people here sometimes assume that because we’re a diverse, welcoming place, civil liberties violations don’t occur in Hawaii. But that’s not true.
In my first six weeks, we’ve taken action here: to reform a system that keeps people who haven’t been convicted of a crime in jail just because they’re poor; to demand that the state Department of Education fix gender inequities that have resulted in 14 schools having athletic facilities for men but not women in violation of Title IX; and have met with local residents to discuss potential racial discrimination at their workplace, violations of habeas corpus, mistreatment in prison facilities, and more.
And that’s in just six weeks!
