William S. Richardson, former chief justice of the Hawai'i Supreme Court, often identified with his background as a part-Hawaiian, and several key rulings from his tenure reflect a deep respect for the cultural ways of his ancestors.
Richardson was chief justice from 1966 to 1982. He came from the inner circle of the state's blossoming Democratic Party machine, having helped it rise to power in 1954. He was party chairman from 1956 to 1962 and was elected lieutenant governor on the ticket with Gov. John Burns in 1962.
The Richardson court declared surface waters belonged to the public, expanded the public's access to beaches and recognized ancient Hawaiian practices on private property. It even ruled that new land created by lava flows belonged to the state and not the nearest property owner.
It was both hailed and condemned for an "activist" style that sought to create laws and policies deviating from Republican-dominated pre-statehood Hawai'i. But as the court put it: "The western concept of exclusivity is not universally applicable in Hawai'i." During the Hawaiian monarchy, beaches and water belonged to the people, the court maintained.
But the rulings best remembered from the Richardson court not only drew their inspiration from ancient Hawaiian philosophy. They also came from the way he was treated as a boy growing up in Kaimuki.
To get to Waikiki Beach, he'd have to walk around one of the swankiest hotels in the world — the Royal Hawaiian — and Richardson often felt he would be chased away while watching wealthy hotel guests because the hotel owned much of the beach. "That's gotta make some impression on you when you got a court decision on whether the beaches will be free to all people of Hawai'i," Richardson once said. "It's got to."
The 1973 ruling pushed the private property line farther back from the water, all the way to the vegetation line.
That same year, the Richardson court also sought to redefine ownership of water rights in the context of Hawaiian tradition.
In a dispute between two Kaua'i sugar companies, the court surprised everyone by ruling that the water belonged to the state and not one of the companies. The ruling was based on customs dating back to King Kamehameha I.
Richardson is the namesake for the University of Hawai'i law school, which he fought to create during his career. The 86-year-old former chief justice maintains an office at the school and is there nearly every day.
