Volunteering at NHLC

You can learn more about the Hawaii Access to Justice Pro Bono Honorees and Celebration on the Commission’s website here: https://www.hawaiijustice.org/hawaii-access-to-justice-commission

Javier Garcia, representing a team at Perkins Coie LLP, was recognized in 2025 for pro bono service co-counseling with NHLC and the Center for Reproductive Rights in the Kahoʻohanohano v. State of Hawai’i, et al case.

The Kahoʻohanohano lawsuit was filed in February 2024, on behalf of nine plaintiffs, including six midwives and student midwives, as well as three women who wish to access care from traditional midwives. In Kahoʻohanohano, birthing practitioners objected to burdensome state midwifery licensure restrictions required by HRS Section 457J, a law enacted in 2019 which contained a “birth attendant” exemption to licensing that expired in July 2023. Among the issues were impacts the law had on Native Hawaiian traditional and customary birthing practices. Cultural practitioners either had to meet burdensome, Western midwifery training and licensure requirements only offered on the continent or risk serious, potentially criminal, penalties. Contrary to the law’s stated purpose and language, there was no meaningful pathway to securing an exemption based on Native Hawaiian traditional and customary practice rights. The chilling effect of this law risked the extinction of numerous Native Hawaiian birthing practices.

With the assistance of Javier and his colleagues at Perkins, in July 2024 the litigation team was able to secure a statewide preliminary injunction preventing enforcement of the law against traditional and customary practitioners until a meaningful pathway for securing an exemption was available. Since then, Act 28 has been enacted, providing a clear exemption for Native Hawaiian traditional and customary birthing practices from state midwifery licensure requirements since May 2025.

The pro bono team at Perkins Coie is lead by Javier Garcia, who lives on Oʻahu, and also included Perkins Coie attorneys Aaron Ver and Kaela Shiigi, a kamaʻāina attorney who currently practices in San Francisco. You can learn more about Javier’s practice here: https://perkinscoie.com/professionals/javier-f-garcia

Zachary McNish of McNish Law operates from Maui and provides legal services for Hawaii’s renewable energy, business, and nonprofit sectors to provide practical legal solutions for clients. Zacharyʻs commitment to pro bono includes assisting nonprofits with governance issues critical to ensuring their success. NHLC was grateful to receive support from Zachary to overhaul NHLCʻs articles of incorporation and bylaws in 2023. At the time a 49 year old organization, it has been years since NHLC had the benefit of a thorough review of these governing documents. Zachary ensured that as NHLC moved to its 50th anniversary the following year, it was set up for success with governance that reflected current best governance practices. You can learn more about Zach and his practice at https://www.mcnishlaw.com/.

If you ask Richard Norton what his specialty was as a lawyer, he’ll probably say “dirt.” Richard worked as an attorney in the 80s and 90s building an impressive legal practice handling land use matters in California. He and his wife Margaret now call Kailua home. Though retired, Richard and Margaret are dedicated to giving back to preserve and protect their new community and Hawai’i’s distinctive, special culture. Richard was pulled to the Native Hawaiian Legal Corporation, because at NHLC he saw a need and an opportunity to put his passion for justice and expertise with ‘āina law to good work.

As an NHLC volunteer, Richard is a valued legal consultant and mentor. For two years he’s served with our team weekly and can be relied upon to generously share expertise ranging from trial strategy to legal leadership to legal business management. Richard will take a flight before dawn and return after dark so he can visit a sacred site and spend time with a hui of traditional practitioners. He is growing knowledge of ‘ōlelo Hawai’i to better understand the people, law, and culture of his new home. And he’s frequently asking questions about local and Native Hawaiian history and culture to inform creative thinking about legal solutions that are practical, just, and pono. NHLC is grateful for Richard and the opportunity to recognize his exceptional pro bono service.

Jeffrey Foster was honored for his outstanding contributions to access to justice in our community. in addition to fulfilling the obligations of his successful law practice representing individuals and businesses in personal injury, real estate, and civil ligation (both in Hawaiʻi and Washington state), Jeff has also generously volunteered his time, knowledge, and skill to assist NHLC and its clients to expand our capacity in our work to address the legal needs of the Native Hawaiian community.

A resident of Kona, Hawai’i Island, Jeff is well known as a regular advocate for the disenfranchised and a champion of rights for those in need. He actively volunteers his time to community organizations, including those supporting and promoting Hawaiian language education in Kona. His demonstrated commitment to the Native Hawaiian community and his efforts to support and amplify their voices leaves no doubt that Jeff is a selfless ally and advocate who cares only about the well-being of those around him. Jeff truly embodies the attorney as a servant of the people. You can learn more about Jeff’s practice here: https://www.fosterlawoffices.com/

David Kimo Frankel was recognized by the Native Hawaiian Legal Corporation for his pro bono work on some of NHLC’s most important cases. Frankel was a former staff attorney of NHLC from 2006 through 2016 and worked on Native Rights cases while employed there. He authored Protecting Paradise: A Citizen’s Guide to Land and Water Use Controls in Hawaii.