John Goemans, the Big Island lawyer serving as the plaintiffs’ local attorney on both cases, said neither he nor lead attorney Eric Grant are being paid for their legal services in the cases, which charge that the schools’ policy of giving Hawaiians preference in admissions violates federal civil rights law.

Goemans said the three backers — Campbell Estate beneficiary James Growney, former Advertiser owner Thurston Twigg-Smith and former Wallace Theatre owner Scott Wallace — also contributed toward expenses in Goemans’ previous landmark case, Rice v. Cayetano. In that case, the U.S. Supreme Court disallowed Hawaiian-only voting in the Office of Hawaiian Affairs elections.

Growney was unavailable for comment. Twigg-Smith and Wallace said today that their primary interest in paying the out-of-pocket costs was to speed the settlement of the case involving seventh-grader Brayden Mohica-Cummings. The 12-year-old boy was admitted to Kamehameha this fall and now, under the terms of the settlement, would be allowed to remain at the school.

The settlement was unpopular with some Hawaiian groups that opposed Mohica-Cummings' admission and now expressed anger that local business leaders have backed the case. Kaho'onei Panoke, vice-president of 'Ilio'ulaokalani Coalition, said that his group is looking into how Native Hawaiians might strike back financially.

"I am certain that we will come up with a financial plan to affect their profit margin," Panoke said.

Twigg-Smith said he believes expenses so far amount to "the low five figures" for both federal court cases involving non-Hawaiian applicants to Kamehameha. U.S. District Judge Alan Kay rejected the first challenge filed on behalf of an anonymous Big Island boy; U.S. District Judge David Ezra is scheduled tomorrow to review the Mohica-Cummings settlement.

Kamehameha’s decision to settle received mixed but largely critical reaction from the community of school families and graduates known informally as the "Kamehameha 'ohana." Alumnus Roy Benham, who belongs to Kamehameha’s board of advisers, said after Friday’s announcement that the settlement was in the best interest of the school, which "made a mistake" in admitting Mohica-Cummings and now needs to move on.

But many others in the Hawaiian community — especially the coalition, which had organized large marches in support of the schools — felt the settlement sent the wrong message by rewarding an applicant unqualified to benefit from the Kamehameha trust.

Ray Soon, Kamehameha Schools’ vice president for community relations and communications, could not be reached for comment today. Trustees for the schools have been meeting with the 'ohana yesterday and today — on O'ahu and the Neighbor Islands — to explain the decision to settle.

On Friday, the trustees said that the settlement assured that if any federal ruling is appealed to a higher court, it will be the Kay decision, which they believe is a strong endorsement of the school policy.

Wallace said the settlement was a good decision because "the boy's interest has to be placed first," and he praised Grant for being willing to contribute his legal services for Mohica-Cummings' benefit.

"There are some good lawyers in the world," he said.