Hawaii’s Chief Justice Mark Recktenwald prefaced his State of the Judiciary address with a message to Gov. Josh Green: “We are eager to collaborate with your administration,” he said, noting that Green’s focus on homelessness and mental illness dovetails with judicial concerns.
Recktenwald followed that with words of praise for state House Speaker Scott Saiki — both for pledging legislators’ “cooperation” with other state offices, and for supporting the new juvenile facility, Hale Hilinai, which represents a commitment by the Judiciary to early intervention and services for at-risk youth.
It was encouraging to hear the chief justice emphasize these priorities on Wednesday. Now, it is time for the Judiciary, Legislature and the governor to get to work on them, employing up-to-date data, realistic action plans and the power of the purse to address homelessness, mental illness and at-risk youth with a dedication to collaborative problem-solving.
Hale Hilinai is an example of coordinated effort by state agencies — and the three branches of government — to address Hawaii’s needs. The new, 20-story tower on Piikoi Street houses not only the juvenile facility, but also 200 affordable rental units, recognizing the need for both housing and essential services in Honolulu’s urban core.
It took innovative thinking to accept the prospect of one property holding both housing and a justice-system operation, and required cooperation from the Legislature, along with the Hawaii Housing Finance &Development Corp., which Recktenwald described as “our partner. ”
This kind of joint effort, magnifying the state’s capabilities, should serve as a blueprint for progress.
Collaboration to find solutions is the most efficient — and effective — way forward, as Recktenwald rightly stated. And as an evidence-based arm of the state, the Judiciary is a critical partner in efforts to address Hawaii’s seemingly intractable problems, such as mental illness and homelessness.
One Judiciary program seeing success is the Community Outreach Court, for nonviolent individuals who are homeless or at risk of homelessness, and are arrested for minor offenses. Rather than being jailed, they are given the option of community service, then matched with service providers for help with housing, mental health and drug treatment, or other needs.
Community Outreach Court is a service-intensive program: workers go out into communities, including tent encampments, to enroll participants; even the court itself goes to the clients. That kind of directed service has a cost, but if it diverts people from homelessness and repeated stints in a jail cell, it is a worthy return on investment.
It’s well-known that mental illness, in many cases, is connected with homelessness. With Act 26, the Legislature responded to the issue, directing people in need of services into treatment. Since 2020, Recktenwald said, Hawaii has saved over $8.5 million in reduced incarceration and state hospital costs.
The Legislature should heed his call to “build on that success,” funding expanded programs and capacity to divert additional defendants who are nonviolent and live with mental illness.
Similar in concept, the Judiciary’s treatment courts, which mandate “intense supervision and a team approach” to provide defendants with interventions that break the cycle of street-to-jail-to-street, are worthy of full support. The newest of these is the Women’s Court, which the Legislature funded last session. After six months of preparation to tailor services and requirements for participation, this court served its first women on Wednesday.
“On issues such as homelessness and mental illness, the ideas are out there, the resources are out there, the will is out there,” Recktenwald said. “Let’s dive in and find the way forward, together.” That spirit of resolve and cooperation is required from all branches of state government to make change for the better.
