The Hawai'i State Bar Association's board of directors is considering issuing a statement today that says lawyers play a key role in helping protect constitutional and civil rights, but whether a Honolulu attorney seeking to challenge Kamehameha Schools' Hawaiians-first admission policy violated any ethical rules should be left to the state agency in charge of overseeing lawyer misconduct.

The statement was suggested by board member Hugh Jones at the monthly board of directors meeting, which took up the issue of whether the board should issue a statement in view of the reaction to an e-mail sent by Honolulu attorney David Rosen that some say is damaging to the reputation of attorneys.

Several board members said Jones' proposal is a good start in fashioning a public statement, but at least one board member suggested the members should take more time before making any public pronouncement.

Bar association president Jeffrey Portnoy said he would be circulating among the board members Jones' proposal as well as one suggesting no statement be issued.

Rosen's e-mail said he was trying to put together a group of 10 to 20 plaintiffs for a lawsuit similar to the one by an unnamed non-Hawaiian teen-ager known only as John Doe who challenged the school's 120-year-old admissions policy.

The e-mail followed a settlement in which Kamehameha Schools paid an undisclosed amount of money to the teenager in exchange for the dismissal of the challenge as the U.S. Supreme Court was considering whether to rule in the case.

The e-mail eventually wound up with Kamehameha Schools supporters, who were outraged by the communication. And it raised enough of a reaction that Portnoy placed on the agenda a discussion about the reaction to the e-mail.

Rosen said the e-mail is not a violation of any ethical rules.

He said his motivation behind the e-mail is not to make money, but to "eliminate discrimination."

"This is about principle," he told the board members.

He said although a complaint apparently has been filed against him with the Office of Disciplinary Counsel, he's asked for a quick decision.

Some board members made clear that they did not want to get into the merits of whether the e-mail violated any rules, which, as reflected by Jones' suggestion, they felt is a matter for the disciplinary counsel.

But Portnoy said the matter involves a broader issue of the public's view of lawyers. He said if someone or a group believes the image of lawyers has been affected by the actions of a lawyer or group of lawyers, the board would be "remiss" in at least not considering the issue.

Portnoy said he wants to hear from members about proposed statements by noon today, but also indicated the board may decide to issue no statement at all.

At least two members of the board expressed concern about being involved in the matter because they do work for Kamehameha Schools, the state's largest private landowner. One formally declined to take part in any vote on a statement and the other also voiced concerns about participating.

Portnoy works for a law firm in which a partner does work for Kamehameha Schools, but Portnoy said after the meeting that he sees no conflict with him putting the issue on the board's agenda.

As president, he said, he has a responsibility to run the organization, and he had been asked by lawyers and nonlawyers, none of whom was associated with Kamehameha Schools, to address the matter which deals with the larger issue of the public's perception of the way lawyers get clients.

Portnoy said the alleged solicitation of clients for a suit against Kamehameha Schools may have triggered the issue, but indicated he would have done the same if it had involved another institution. He also said he doesn't vote on the matter.

Rosen said he thought the meeting involved a "fair discussion."

He said he believed Jones' suggestion was "completely appropriate."

Reach Ken Kobayashi at kkobayashi@honoluluadvertiser.com.