Women's Court may be renewed on Oʻahu and expanded to other islands

Associated Press

30-01-2025

When the Oʻahu Women's Court was established in 2022 to offer an alternative to incarceration, officials had a goal of admitting 20 participants a year. As of this month, 33 women were currently enrolled.
The pilot project has been a success, say advocates, who are seeking to make it permanent and expand the program statewide.
Housed in Kaʻahumanu Hale, Oʻahu's First Circuit Court building, the court provides treatment and resources to women who are in the criminal justice system for nonviolent offenses and have suffered any abuse, mental illness, poverty, substance use disorder or unhealthy relations.
Participants must make regular court appearances before the Women's Court judge, meet with probation officers, attend weekly classes and participate in individualized treatment plans that might include Alcoholics Anonymous or Narcotics Anonymous.
Now there is interest in making the court a permanent part of the First Circuit, something that Hawaiʻi Chief Justice Mark Recktenwald asked the Legislature to do when he delivered his State of the Judiciary address last week. Funding for the pilot program is set to expire June 30.
Meanwhile, the Women's Legislative Caucus, which enthusiastically advocated for the Oʻahu court three years ago, wants to expand the program to the neighbor islands.
A pair of House and Senate bills would establish a Women's Court pilot program in Maui County, on Hawaiʻi island and on Kauaʻi.
'I believe that all women on our neighbor islands who find themselves in a position of becoming involved in our court system for nonviolent offenses could benefit from having the option of a pathway that avoids incarceration,' Rep. Mahina Poepoe, who authored the House bill and represents Molokaʻi, Lānaʻi and parts of Maui, said in an email to Civil Beat.
'Many of these women are mothers, caregivers, and family providers who find themselves in a bad situation, and if they're provided with personalized supportive treatment that focuses on healing rather than punishment, they'll be in a better position to make their way out of it,' she said.
Poepoe said Native Hawaiian women are overrepresented in the state's justice system, 'so this is also very much about trying to bring that statistic down.'
There is no dollar figure specified in the bill drafts, an issue typically worked out later in the session as budget priorities become clearer. The bills call for full-time social workers, Circuit Court clerks and judicial clerks.
Poepoe said the legislation is for a pilot program because it's a common way for the Legislature to test out new ideas. But the experience of the Oʻahu Women's Court bodes well for neighbor island courts, she said.
'The fact that the demand exceeds initial expectations shows that there is significant interest in these types of alternative pathways,' she said. 'If this measure passes and our neighbor island courts can show similar results, I'd hope that we'd be able to get the legislative support to secure the neighbor island programs, ensuring statewide access.'
Other programs in Hawaiʻi designed to keep some nonviolent offenders from being incarcerated include Drug Court, Family Drug Court and Juvenile Drug Court.
Rising Incarceration Rates
The Oʻahu Women's Court was formed in response to an increase of women in the criminal justice system, not only in Hawaiʻi but across the country. From 1980 to 2022, the number of incarcerated women nationally rose by more than 585% to a total of 180,684 inmates, according to a 2024 report from The Sentencing Project, a national advocacy group.
Nationally, 49 out of every 100,000 women were in state or federal prisons in 2022. Idaho had the highest incarceration rate, with 132 of every 100,000 women. Massachusetts was lowest with seven. Hawaiʻi had 30.
Eighty-three women were referred to the Oʻahu Women's Court through August 2024, and 81 of them completed assessments to determine their levels of risk and needs, according to a report to the Legislature in November from Rod Maile, administrative director of Hawaiʻi courts.
Five participants had graduated from substance-abuse treatment as of August, while 11 were in substance-abuse treatment, 16 were in individualized therapy, 17 were seeking psychiatric assistance and 15 were involved in case management services.
Eight participants were working full- or part-time, 16 were in clean and sober housing and four were on a wait list for residential treatment and housing.
'Women's pathways to the justice system are really different than men's, and I think the courts have not really taken advantage of that,' said Kat Brady, a community justice advocate and coordinator of the Community Alliance on Prisons. 'Most women are the leaders of their families — they take care of the kids, and they're also working.'
That pressure can be overwhelming, sometimes driving women to substance abuse, Brady said.
'I think when the system starts to really look at the individual who's before them, things could be very different,' she said.
'Blossoming Woman'
The Oʻahu Women's Court program is known as Mohala Wahine, which means 'blossoming woman.' Before Recktenwald's address, court staff and participants performed an opening oli (chant).
'I can't think of a more fitting name to describe the growth and transformation of these women, or a more meaningful way to start off this morning,' Recktenwald said.
The chief justice credited First Circuit Court Judge Mark Browning and Rep. Linda Ichiyama, among others, for helping to make the court a reality.
'Women's Court has made incredible strides since then thanks to the stewardship of Judge Trish Morikawa and a great team of staff, and partners at the prosecuting attorney's and public defender's offices,' Recktenwald said. 'We can't afford to lose this momentum.'
Poepoe's legislation, House Bill 727, has a hearing Thursday. The Senate companion is scheduled to be heard that same day.