Honolulu attorney fought race-exclusive programs

H. William Burgess, the Honolulu attorney who campaigned against racially exclusive, publicly funded programs such as the state Office of Hawaiian Affairs and the Department of Hawaiian Home Lands, died Wednesday.

“Bill Burgess was a great man who loved and served the people of Hawaii,” said Keli‘i Akina, president and CEO of the Grassroot Institute of Hawaii. “His efforts to preserve racial harmony throughout the islands are a testament to the aloha spirit.”

After attending the University of Virginia Law School and then serving in the Marine Corps, the native of North Carolina moved to Hawaii in 1956. He practiced law in the islands and would go on to be elected as one of 100 delegates to the Hawaii constitutional convention in 1978. His age was not available.

After the U.S. Supreme Court overturned racially exclusive voting for OHA trustees in Rice v. Cayetano in 1996, Burgess brought suit in federal court with 13 plaintiffs in Arakaki v. State of Hawaii seeking to invalidate racial restrictions on candidates running for the OHA board. He won.

Two years later he challenged the constitutionality of OHA and the Hawaiian Homes Commission Act in Arakaki v. Lingle, on behalf of 16 plaintiffs. This time he was not successful.

Along with his wife, Sandra Puanani Burgess, they ran Aloha 4 All, a nonprofit dedicated to challenging the Native Hawaiian Government Reorganization Act of 2009, also known as the Akaka Bill, and any other special programs, agencies or funds for Hawaiians. Burgess testified against the bill both here and in Washington, D.C.

Akina described Burgess as the founding father of Grassroot Institute, a conservative think tank that has continued to challenge racially exclusive publicly funded programs.

“Bill gave exemplary service to the people of Hawaii, and we strive to carry on his legacy here at Grassroot. He was a great man, and we stand on his shoulders in many of our battles,” he said.

Kenneth Conklin, who was a key plaintiff in Arakaki v. State of Hawaii, called Burgess a knowledgeable and friendly person.

“I feel like I’ve lost a good friend, a patriot and a fellow warrior in service to unity and equality,” Conklin said.

A service has yet to be scheduled.