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Susan Oki Mollway

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Susan Oki Mollway
Senior Judgeof theUnited States District Court for the District of Hawaii
Incumbent
Assumed office
November 6, 2015
Chief Judge of theUnited States District Court for the District of Hawaii
In office
June 16, 2009 – November 6, 2015
Preceded byHelen W. Gillmor
Succeeded byJohn Michael Seabright
Judge of theUnited States District Court for the District of Hawaii
In office
August 4, 1998 – November 6, 2015
Appointed byBill Clinton
Preceded byHarold Fong
Succeeded byJill Otake
Personal details
Born
Susan Naomi Oki

(1950-11-06)November 6, 1950(age 73)
Honolulu,Territory of Hawaii
EducationUniversity of Hawaiʻi(BA,MA)
Harvard University(JD)
Duke University(LLM)

Susan Naomi Oki Mollway(born November 6, 1950)[1]is asenior United States district judgeof theUnited States District Court for the District of Hawaiiand the first East Asian woman and Japanese-American woman ever appointed to a life-time position on the federal bench.[2][3]

Early life and education

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Born inHonolulu,Hawaii, Susan Oki Mollway earned aBachelor of Artsdegree in English literature from theUniversity of Hawaiʻiin 1971 and aMaster of Artsdegree in English literature from the University of Hawaiʻi in 1973.[4]

Before pursuing law, she taught both English literature and language at University of Hawaii andTakushoku Universityin Tokyo from 1973 to 1976.[1]She graduated cum laude fromHarvard Law Schoolwith aJuris Doctorin 1981,[4]where she was the editor in chief of theHarvard Civil Rights-Civil Liberties Law Review[5]In 2020, Mollway received her Master of Laws in judicial studies fromDuke University School of Law.[6]

Personal

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She marriedDaniel Mollwayand they had a son named Dylan Marcus.[7][8][9]

Professional career

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Mollway taught English and worked at an English-language publisher inTokyofrom 1975 to 1977.[10]From 1981 until 1989, she worked at Cades Schutte Fleming & Wright, a private legal practice, in Honolulu and became a partner for the law firm in 1986.[11]From 1988 to 1989, she was an adjunct professor of law at theUniversity of Hawaiʻi at Mānoain theWilliam S. Richardson School of Law.[11]

Notable cases

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Hawaiian Airlines, Inc. v. Norris

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On June 20, 1994, Mollway successfully argued for the respondent, Norris, who was fired as an aircraft mechanic atHawaiian Airlinesdue to his refusal to sign a maintenance record for a plane he deemed unsafe.[12]The case was brought to theState Courtas a violation of public policy expressed in federal statues, but it was later dismissed under theRailway Labor Act.[13]However, theState Supreme Courtreversed this claim in a unanimous decision.[13]Mollway's argument affirmed the judgement that theRailway Labor Actdoes not preempt state law causes of action.[14]

Publications

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Mollway is the author ofThe First Fifteen: How Asian Women Became Federal Judges(Rutgers UniversityPress 2021) which details the stories of the first fifteen Asian American women judges to be appointed to lifetime federal, judicial positions in autobiographical and biographical styles.[15]

She is also a contributing author towards the biography collectionCalled from Within: Early Women Lawyers of Hawai'i(1992) which tells the early stories of the women lawyers admitted to Hawaii's bar before its statehood.[16]

Associations

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Mollway is a current member and director of multiple professional associations including:[17]

  • Hawaii Women Lawyer's Association
  • Hawaii Women's Legal Foundation
  • Federal Judges Association
  • District Judges Association
  • Hawai’i’ American Civil Liberties Union Board
  • Hawaii State Bar
  • American Judicature Society
  • Judicial Conference Committee on Audits and Administrative Office Accountability

Federal judicial service

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Path to the bench

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Mollway never perceived herself as disadvantaged due to Hawaii's multicultural environment.[18]However, she only learned that she was the first Asian-American women to serve as anArticle IIIfederal judge after her nomination to the federal bench in 1998.[18]

The process preceding Mollway's nomination to federal judgeship pended for two-and-a-half years and was a result of Mollway's identity, associations, and environment of the time.[19][20]Following the announcement of her nomination, she received considerable scrutiny for her position on Hawai'i'sAmerican Civil Liberties UnionBoard, which openly and strongly supported thelegalization of same-sex marriage,despite having never voted on a position the ACLU should take.[19][20]

There was also pushback and ideological hazing from the Republican Senate at the time.[20]In the last three months, they had only allowed one woman to be confirmed to the bench while confirming fifteen men.[20]Mollway was not alone in the delay of her nomination as many other women and minority nominees faced delay by the Senate.[20]In addition, the aftermath within the Senate, due to the1996 presidential election,further prolonged her nomination and confirmation.[21]

The difficulty of Mollway's confirmation process affected her private practice due to the pending nature of her nomination which made the number of clients willing to hire her shrink.[19]

Nomination and confirmation

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In December 1995, PresidentBill Clintonnominated Mollway to serve on theUnited States District Court for the District of Hawaiifollowing the death of JudgeHarold Fong.[22]In 1996, theUnited States Senatelapsed her nomination. She wasn't renominated to the same seat until January 7, 1997.[23][24]

The Senate confirmed Mollway on June 22, 1998 by a 56–34 vote,[25]and she received her commission on June 23, 1998.[26]She served as chief judge from 2009 to 2015. She assumedsenior statuson November 6, 2015.[27]

Mollway served on the Ninth Circuit Pacific Islands Committee and the Ninth Circuit Conference Executive Committee.[28][29]Mollway was the chairperson of the 9th Circuit Jury Instructions Committee.[30]Mollway helped to oversee the $121-million renovation of the federal district court facilities inHonolulu[31]and worked on creating a Re-Entry program in the United States District Court, District of Hawaii.[32]

Notable cases

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United States v. Lee

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In 2006, Mollway was the presiding judge overUnited States v. Lee,the largest trafficking prosecution case.[33]The case was a result of a 22 count indictment against five defendants. They were charged for trafficking and subjecting workers in Samoa to involuntary servitude.USA V LEE, No. 05-10478 (9th Cir. 2006)

Day v Apoliona

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In 2007, Mollway reinstated a previously dismissed lawsuit against theOffice of Hawaiian Affairsby native Hawaiians.[34]Six plaintiffs without native Hawaiian ancestry but high blood quantum filed a motion to intervene, aiming to safeguard the rights of a million Hawaiian residents to share in the ceded lands trust.[34]

At the time, Mollway had a law clerk who was Native Hawaiian with high blood quantum of Native Hawaiian ancestry.[19]As consequence, she received a motion from an attorney who wanted to bring a motion that that law clerk could not work on the case on the basis of prejudice.[19]Mollway denied the motion claiming that the dispute was ruled on the basis of merit and that there was no personal interest in this case that would justify the attorney's motion.[19]

Mollway determined that the plaintiffs lacked the right to challenge the constitutionality of federally mandated programs, thereby dismissing their case against Hawaiian homesteaders.[35]The court ruled that limiting OHA elections solely to Hawaiian voters based on race was unconstitutional.[35]

American Civil Liberties Union Hawaii lawsuit

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In 2012, Mollway granted Hawaii prisoners the right to marry, ruling in favor of theAmerican Civil Liberties Union.She ordered that the state could not interfere with the fundamental right to marriage.[36]

County of Maui v Hawaii Wildlife Fund

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In 2014, Mollway ruled in favor of environmental groups when they sued the County of Maui for discharging groundwater pollution without a permit. The Supreme Court addressed the decision inCounty of Maui v. Hawaii Wildlife Fund.[37][38]

Conservation Council for Hawaii lawsuit

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In 2015, Mollway again ruled in favor of environmentalists who accused theNavyof threatening marine mammals due to their use of sonar and explosives during training off Southern California and Hawaii. Mollway ruled that theNational Marine Fisheries Serviceviolated environmental laws.[39]

Awards

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Throughout her career, Mollway has received a number of awards.

In 1987, the Hawaii Women Lawyers Association, a non-profit organization incorporated in 1982, awarded her the Outstanding Woman Lawyer of the Year Award and the Outstanding Judicial Achievement Award later in 2004.[40]The organization is committed to improving the lives and careers of women attorneys and advancing their legal professions and promoting equal opportunity.[40]

The following year, in 1987, she was awarded the Trailblazer Award by theNational Asian Pacific American Bar Associationwhich recognizes commendable commitment, achievements, and leaderships ofAsian American Pacific Islanderlawyers, simultaneously paving the way for AAPI attorneys.[41]

In 1999, theUniversity of Georgia School of Lawinvited Mollway to become anEdith HouseLecturer.[42]The Edith House Law Lecture Series aims to support the Women Law Students' Association at theUniversity of Georgia School of Lawby bringing forth women pioneers who have made significant advancements in the legal profession.[43]Mollway discussed and analyzed her federal judicial confirmation process as a Japanese-American woman.[44]

In 2000, the Harvard Asian American Intercollegiate Conference awarded Mollway the Heroes 2000 award.

In 2005, the Asian American Justice Center awarded her the Distinguished Service Award.

See also

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References

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  1. ^Hearings before the Committee on the Judiciary, United States Senate, One Hundred Fifth Congress, Second Session, on Confirmations of Appointees to the Federal Judiciary, February 4; February 25; March 18; March 24; April 29, 1998.U.S. Government Printing Office. 1998. p. 136.
  2. ^"Seeking APA Judges - Asian American Bar Association of the Greater Bay Area".aaba-bay.com.Archivedfrom the original on 2015-12-08.Retrieved2015-12-01.
  3. ^"The first fifteen: how Asian American women became federal judges".catalog.libraries.wm.edu.Retrieved2023-06-15.
  4. ^ab"Susan Oki Mollway".Bloomberg News.Archivedfrom the original on December 8, 2015.RetrievedFebruary 25,2017.
  5. ^"Redirecting..."heinonline.org.Archivedfrom the original on 2016-03-04.Retrieved2015-12-01.{{cite web}}:Cite uses generic title (help)
  6. ^"Archived copy"(PDF).Archived(PDF)from the original on 2021-07-22.Retrieved2021-08-25.{{cite web}}:CS1 maint: archived copy as title (link)
  7. ^Matsuda, Mari J. (1992).Called from Within.University of Hawaii Press.ISBN9780824814489.Archivedfrom the original on 2022-02-24.Retrieved2020-11-21.
  8. ^"State ethics enforcer remains undaunted".The Honolulu Advertiser.July 7, 2003.Archivedfrom the original on March 4, 2016.RetrievedSeptember 21,2015.
  9. ^"IMDB trivia".IMDb.Archivedfrom the original on February 24, 2022.RetrievedFebruary 25,2017.
  10. ^"Just The Beginning".Archivedfrom the original on 2016-03-04.Retrieved2015-09-21.
  11. ^abwww.fjc.govhttps://www.fjc.gov/history/judges/mollway-susan-oki.Retrieved2023-11-01.{{cite web}}:Missing or empty|title=(help)
  12. ^"Hawaiian Airlines, Inc. v. Norris, 512 U.S. 246 (1994)".Justia Law.Retrieved2023-12-06.
  13. ^ab"HAWAIIAN AIRLINES, INC. v. NORRIS, 512 U.S. 246 | U.S., Judgment, Law, casemine.com".www.casemine.com.Retrieved2023-12-06.
  14. ^"Centennial".Cades Schutte.Retrieved2023-12-06.
  15. ^Mollway, Susan Oki (2021-09-30).The First Fifteen: How Asian American Women Became Federal Judges.Rutgers University Press.ISBN978-1-9788-2452-2.
  16. ^"FEDERAL JUDICIAL CONFIRMATION PROCESS ANALYZED IN UGA LAW SCHOOL LECTURE - Digital Library of Georgia".dlg.usg.edu.Retrieved2023-11-01.
  17. ^Inc, Justia."Susan Oki Mollway".professionals.justia.com.Retrieved2023-11-01.{{cite web}}:|last=has generic name (help)
  18. ^ab"Susan Oki Mollway, First Asian American Woman on Federal Bench: 'Believe in Yourself' | United States Courts".www.uscourts.gov.Retrieved2023-12-13.
  19. ^abcdef"Interview: Judge Susan Oki Mollway on writing her first book".judicialstudies.duke.edu.2022-01-18.Retrieved2023-12-06.
  20. ^abcde"Congressional Record, Volume 144 Issue 82 (Monday, June 22, 1998)".www.govinfo.gov.Retrieved2023-12-13.
  21. ^"Interview: Judge Susan Oki Mollway on writing her first book".judicialstudies.duke.edu.2022-01-18.Retrieved2023-12-13.
  22. ^"Congressional Record, Volume 144 Issue 82 (Monday, June 22, 1998)".www.govinfo.gov.Retrieved2023-09-20.
  23. ^Susan Oki Mollwayat theBiographical Directory of Federal Judges,a publication of theFederal Judicial Center.
  24. ^"U.S. District Court for the District of Hawaii Press Release"(PDF).Archived(PDF)from the original on December 23, 2016.RetrievedFebruary 25,2017.
  25. ^"On the Nomination (Nomination - Susan Oki Mollway U.S. Dist. Judge Dist. Hawaii)".United States Senate.June 22, 1998.RetrievedJuly 16,2024.
  26. ^"Susan Oki Mollway".Court Listener.
  27. ^"Congressional Record, Volume 144 Issue 82 (Monday, June 22, 1998)".www.govinfo.gov.Retrieved2023-12-06.
  28. ^Wasby, Stephen (September 2015)."Judging and Administration for Far-Off Places: Trial, Appellate, and Committee Work in the South Pacific".Golden Gate University Law Review.Archivedfrom the original on December 8, 2015.RetrievedNovember 30,2015.
  29. ^"Organizers: 2014 Ninth Circuit Judicial Conference".ca9.uscourts.gov.Archivedfrom the original on 2015-09-19.Retrieved2015-12-01.
  30. ^"Annual Report 2013"(PDF).Archived fromthe original(PDF)on December 27, 2016.RetrievedFebruary 25,2017.
  31. ^"U.S. District Court for the District of Hawaii Press Release"(PDF).December 22, 2014.Archived(PDF)from the original on September 5, 2015.RetrievedDecember 1,2015.
  32. ^"7 former inmates find hope in new program - Honolulu Star-Advertiser".Honolulu Star-Advertiser.12 October 2010.Archivedfrom the original on 2022-02-24.Retrieved2015-12-01.
  33. ^"United States v. Lee".Retrieved2023-11-01.
  34. ^ab"Day v. Apoliona: Lawsuit against OHA by native Hawaiians with high blood quantum gets resurrected by U.S. 9th Circuit Court of Appeals in August 2007. A motion to intervene was filed in November 2007 by a group of 6 plaintiffs with no Hawaiian native blood seeking to protect the rights of a million Hawaii citizens to share in the ceded lands trust".Angelfire.Retrieved2023-12-06.
  35. ^ab"Federal Judge Dismisses Lawsuit Against OHA | Sherry P. Broder, Esq".www.sherrybroder.com.Retrieved2023-12-06.
  36. ^"Victory in ACLU of Hawaii Lawsuit: Federal Judge Grants Motion for Preliminary Injunction in Marriage Case | ACLU Hawai'i".2 August 2012.
  37. ^"Archived copy"(PDF).Archived(PDF)from the original on 2021-05-14.Retrieved2021-04-02.{{cite web}}:CS1 maint: archived copy as title (link)
  38. ^"Archived copy"(PDF).Archived(PDF)from the original on 2021-01-26.Retrieved2021-04-02.{{cite web}}:CS1 maint: archived copy as title (link)
  39. ^Times, Tony Perry Tony Perry is the former San Diego bureau chief for the Los Angeles (2015-04-01)."Judge rules Navy underestimated threat to marine mammals from sonar".Los Angeles Times.Retrieved2023-11-01.
  40. ^ab"About Us".HAWAII WOMEN LAWYERS.Retrieved2023-12-05.
  41. ^"NAPABA Awards - National Asian Pacific American Bar Association".www.napaba.org.Retrieved2023-12-05.
  42. ^Mollway, Susan Oki."Edith House Lecture Series - image 14".Digital Commons @ University of Georgia School of Law.Retrieved2023-12-05.
  43. ^"Edith House Law Lecture Series | University of Georgia School of Law".www.law.uga.edu.Retrieved2023-12-05.
  44. ^"FEDERAL JUDICIAL CONFIRMATION PROCESS ANALYZED IN UGA LAW SCHOOL LECTURE - Digital Library of Georgia".dlg.usg.edu.Retrieved2023-12-05.

Sources

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Legal offices
Preceded by Judge of theUnited States District Court for the District of Hawaii
1998–2015 		Succeeded by
Preceded by Chief Judge of theUnited States District Court for the District of Hawaii
2009–2015 		Succeeded by
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