The ink is barely dry on the settlement preserving the Kamehameha Schools' Hawaiians-first admissions policy but one local attorney already is considering a new challenge to the century-old practice.

David Rosen, who helped represent local residents who brought a lawsuit seeking to abolish the Office of Hawaiian Affairs and the Department of Hawaiian Home Lands, said he is interested in putting together a group of 10 to 20 students who are willing to challenge the Kamehameha Schools' admission policy.

Rosen said such a lawsuit would be patterned after the recently settled "John Doe" suit, in which an unnamed non-Hawaiian student alleged that Kamehameha's admission policy violated federal civil rights laws.

The school's admission policy was upheld by the 9th U.S. Circuit Court of Appeals in an 8-7 decision in December and the case was awaiting action by the U.S. Supreme Court when it was settled out of court last week. The terms of the settlement were not disclosed.

"I'm opposed to the trustees' decision to implement a discriminatory admissions policy," said Rosen. "We want this issue before the U.S. Supreme Court."

Kamehameha Schools spokeswoman Ann Botticelli called Rosen's efforts "outrageous" and said the trust will vigorously defend its Hawaiian-preference admission policy.

"This attorney is gambling, and it's a huge gamble. We have legal precedent at the 9th Circuit Court level that our policy is lawful, and that it does not trammel the rights of non-Hawaiians," she said.

Founded by the 1884 will of Princess Bernice Pauahi Bishop, the Kamehameha Schools is a tax-exempt charity that educates children of Hawaiian ancestry.

In a recent e-mail sent to his associates, Rosen asked people who want to join the lawsuit to contact him directly. Rosen said he sent his e-mail to a "small group."

The e-mail also said the names of potential plaintiffs would remain confidential and anyone interested should have a non-Hawaiian school-age child between ages 4 and 16 living in Hawai'i.

The children "must also have the intent to attend the Kamehameha Schools if accepted" and may be required to apply to the schools, the e-mail said.

ANGRY RESPONSES

Rosen's e-mail, which was eventually picked up by and widely distributed in the Kamehameha Schools alumni and parent groups, has angered many in the Hawaiian community.

Paulette Moore, a 1952 graduate of Kamehameha Schools, said challenges like the John Doe case are taking away resources that should be used to educate Hawaiians, who continue to suffer from high poverty rates and other socio-economic problems.

"(Rosen) can't understand what Hawaiians are going through today," said Moore.

Moore also said she's considering filing a complaint with the Office of Disciplinary Counsel, which polices attorney conduct.

Carole Richelieu, the ODC's chief disciplinary counsel, declined comment on the specifics of Rosen's activities. Generally speaking, she said, court rules bar attorneys from soliciting clients through e-mails or faxes.

Rosen said his e-mail is not an attempt to solicit clients, but was intended to go out to a small group of supporters.

He declined to say how many, if any, have already agreed to join his potential suit. He said he hasn't received any outside funding but said he's willing to accept future financial support to cover costs.

"I'm not doing this to get paid for my work; I'm doing this because I believe in the issue," he said.

"(The admission policy) is no different than if Harvard University were to say that they are going to restrict admission to people who can trace their ancestry to people who were in the United States before 1776."

SECOND TIME AROUND

This is not Rosen's first attempt to challenge programs for Native Hawaiians. In 2003, he served as co-counsel with local attorney Bill Burgess in the so-called Arakaki lawsuit that sought to dismantle OHA and DHHL, but Rosen stepped down from the case before it was eventually dismissed by the 9th Circuit.

Office of Hawaiian Affairs Trustee Walter Heen said he believes that last week's John Doe settlement is promoting the belief among lawyers such as Rosen that Kamehameha Schools is a "big cash cow" that can be milked for legal fees and big out-of-court settlements.

Reach Rick Daysog at rdaysog@honoluluadvertiser.com.