Call Jack (808) 533.7491
Serving Hawaii’s people for over 35 years

LEAD COUNSEL IN SIGNIFICANT DECISIONS


CIVIL RIGHTS:

Boyer v. State, Civ. No. 90-3514 (1st Cir., Haw. 5/4/92).

Successfully challenged law that required State Ethics Commission to inform any elected official of a public citizen’s request to inspect their financial records.

Brede v. Director, Department of Health, 616 F.2d 407 (9th Cir. 1980).

Gained Hale Mohalu leprosy patients a hearing to voice their opposition before transfer to Leahi Hospital.

Brown v. Ely, 14 P.3d 257 (Alaska 2000).

Successfully pursued claim for damages for marijuana arrest.

Brown v. Nuclear Claims Tribunal of the Marshall Islands, S. Ct. No. 91-06 (Marshall Islands, 8/14/92).

Cleared lawyer of false ethics charge by Marshall Islands Claims Tribunal.

Brown v. Thompson, 91 Haw. 1, 979 P.2d 586 (1999).

Successfully challenged government's wrongful seizure of partially sunken vessel claimed "derelict" by government officials.

Chan v. Chan, 7 Haw. App. 122, 748 P.2d 807 (1987).

Freed husband jailed for failure to produce valuable coin collection.

Coleman v. Darrell, Civ. No. 98-28 (D. Haw. 1998).

Procured judgment against police for unlawful aerial surveillance.

Contempt Proceedings Against Charles Sims, Civ. 90-449 (2/5/91).

Procured expungement of client's criminal record after wrongfully jailed by judge who ruled client refused jury duty.

Davis v. Tlingit-Haida Regional Housing Authority, Case No. 1HA-96-19 CI (Superior Ct. - Juneau 1/12/98).

Procured reinstatement of public housing tenant evicted for marijuana.

Doe v. City and County of Honolulu, 8 Haw. App. 571 (1991).

Represented firefighters challenging City's drug testing program.

Does 1-11 v. County, Civ. No. 91-88 (D. Haw. 1992).

Represented female geothermal protesters arrested and wrongfully strip-searched.

Fielder v. Gehring, 110 F.Supp.2d 1312 (D. Haw. 2000).

Represented harbor tenant punished by spiteful government officials. Verdict inspired Senate investigation under SCR #16 (3/1/01).

Fong v. Merena, 66 Haw. 73, 655 P.2d 875 (1980).

Voided damage award given politician against citizen for defamation.

Gottfried v. ISKCON Hawaii, Inc., Civ. No. 95-3162 (12/19/95).

Procured Court enforcement of settlement agreement.

ISKCON v. Ariyoshi, Civ. No. 77-0144 (D. Haw. 1978).

Challenged regulations restricting "speech" at Airport.

ISKCON v. City & County, Civ. No. 93-679 (D. Haw. 1994).

Safeguarded Krishna Temple's food distribution alleged to violate zoning.

ISKCON v. KEALA, Civ. No. 75-134 (D. Haw. 1978).

Brokered settlement with City regarding Krishna solicitations in Waikiki.

Kaapu v. Aloha Tower Development Corp., (Kaapu II) 74 Haw. 365 (1993).

Established "standing" requirements for public review of secret development plans for Aloha Tower.

Kalani v. County of Kauai, Civ. No. 94-0369.

Settled civil rights lawsuit against Kauai police officer who raped minor while on duty wearing his gun, badge, and uniform.

Kenney v. State, 109 F.Supp.2d 1271 (D. Haw. 2000).

Defeated government's motion to dismiss civil rights action against prison doctors charged with committing cruel and unusual punishment.

LeBallister v. Deputy Sheriff Kim, Civ. No. 95-114 (D. Haw. 2/10/95).

Procured T.R.O. for homeless man charged with illegally sleeping in van.

Marsland v. International Society for Krishna Consciousness, 66 Haw. 119, 657 P.2d 1035 (1983).

Represented Krishna Temple charged with zoning violation when allowing more than 5 devotees to live at Nuuanu Temple.

Matias v. Freeman Guards, Inc., Civ. No. 94-873 (D. Haw. 1996).

Brokered sex harassment settlement against security guard company.

Menko v. State, Civ. No. 93-2823-07 (1st Cir. 7/26/93).

Recovered impounded vessel seized by government without due process.

Miano v. City & County of Honolulu, S.Ct. No. 17194 (Haw. 1996).

Recovered damages for Waikiki freelance photographer falsely arrested.

Monaghan v. Runnels, Civ. No. 99-118. (D. Haw. 12/20/99).

Recovered damages for excessive use of force by police.

Murphy v. Fielder, Civ. No. 1DSS-2000-885 (Honolulu D. Ct. 2000).

Procured dismissal of TRO because of defective service.

Nachtwey v. Doi, 59 Haw. 430, 583 P.2d 955 (1978).

Challenged election laws for indigent candidate unable to pay fee.

Post v. Parsons, 122 F.3d 1073 (9th Cir. 1997).

Represented "Keehi Postal Center" put out of business by State.

Pray v. Judiciary Selection Commission, 75 Haw. 333 (1993).

Represented radio personality challenging secret nomination of judges.

Sunn v. City & County of Honolulu, 852 F.Supp. 903 (D. Haw. 1994).

Recovered damages for street performer falsely arrested.

Tawil v. Thomas, Civ. 98-549.

Regained taxi driver's access to Hanauma Bay prohibited by City.

Webber v. City & County, Civ. No. 88-2327-07.

Brokered settlement with City after it wiped out pedicab business.

Young v. Coloma Agaran, Civ. No. 00-00774 (D. Haw. 8-16-01)

Procured permanent injunction allowing client to run tours from Hanalei.



ENVIRONMENTAL:

Haig v. Federal Deposit Insurance Corporation, No. 93-800 (1993). Represented heir suing to preserve historic Damon Building.

Hamilton v. Commonwealth, 415 A.2d 444 (Pa. App. 1980).

Represented citizens suing to preserve historic Pittsburgh church.

In Re: Hanauma Bay Preservation Society, 2001

Represented Hawaiians before DLNR opposing development of Hanauma Bay.

Life of the Land v. Ariyoshi, 59 Haw. 156, 577 P.2d 1116 (1978).

Set standards for injunctions when bringing environmental lawsuits.

Mahelona v. HELCo, Inc., 418 F. Supp. 1328 (D. Haw. 1976).

Won court settlement for surfers leading to lease of "Tracks" surf site.

McGlone v. Inaba, 64 Haw. 27, 636 P.2d 158 (1981).

Challenged housing development in bird sanctuary at Paiko Lagoon.

Midkiff v. deBisschop, 58 Haw. 546, 574 P.2d 128 (1978).

Able to keep evicted tenants in their home.

Outdoor Circle v. Harold K.L. Castle Trust Estate, 4 Haw. App. 633, 675 P.2d 784 (1983), cert. den'd. 67 Haw. 1, 677 P.2d 850 (1983).

Challenged rezoning and development of Kawainui Marsh.

PERSONAL INJURY:

Gordon v. State, Civ. No. 99-4479-12 KNB (1st Cir. 1/12/02).

Brokered inmate's settlement for injury caused by faulty wheelchair.

Lathers v. Great Hawaiian Properties Corp., Civ. No. 97-0496-02.

Brokered settlement for injury caused by broken chair on ocean liner.

Miller v. Knight Corporation, Civ. No. 95-2095-06 (1st Cir. Haw. 1996)

Brokered settlement for injury caused by "dropping" elevator.

Nix v. State, Civ. No. 99-1006-03 (2000).

Brokered inmate's settlement for injury caused by failure to diagnose.

Pahed v. Salvation Army, Civ. No. 95-1448-04.

Brokered settlement for injury caused by truck.

Parker v. Chaney Brooks & Co., Civ. 90-2572-08, (1st Cir. 1995).

Brokered settlement for injury caused by "dropping" elevator.

Walker & Ducosin v. Hawaiian Pacific Elevator Corp., Civ. No. 90-344-10, First Circuit Court (1995)

Brokered settlement for injury caused by "dropping" elevator.


CRIMINAL:

State v. Abihai, Cr. No. 92-1736 (Haw. 1st Cir. 8/31/93).

Acquittal gained after evidence suppressed for illegal search & seizure.

State v. Ahlo, 2 Haw. App. 462, 634 P.2d 421 (1981).

Argued pictures of brains scooped from skull rendered trial unfair.

State v. Allen, Cr. No. 91-3049 (1st Cir. Haw., 1992).

Committed mentally unstable client to state hospital in lieu of jail.

State v. Char, 86 Haw. 523, 950 P.2d 707 (Haw. App. 1997).

Set aside harassment conviction because of unfair trial.

State v. Ergashev, Case No. TRP 7 of 12/3/01 PM (D. Honolulu).

Religious devotee acquitted of criminal peddling in Waikiki.

State v. Fleming, Cr. No. 53502 (Haw. 1st Cir. 1980).

Client acquitted because government failed to charge properly.

State v. Freeman, Cr. No. 87-0243 (Haw. 1st Cir. 1988).

Drug evidence suppressed because drugs not on client.

State v. Gartrell, 9 Haw. App. 156 (1992).

Defined lesser included offense for client's fleeing scene of car accident.

State v. Gillis, Case No. 49 of 5/3/93 (H.Dist.Ct.).

Homeless client acquitted when accused of sleeping in his vehicle.

State v. Glynn, Case No. 32P of 2/5/97 (H.Dist.Ct.).

Client acquitted of client wearing uniform resembling park ranger.

State v. Goings, CTR 9 of 10/11/96 (Kaneohe Dist.Ct.).

Mother acquitted of defending daughter from assault.

State v. Grace, Case Nos. 1 & 27, 4/20/99 (Pearl City).

Client acquitted of running down victim with car. Client later awarded damages for malicious prosecution: Grace v. Vanterpool, Civ. No. 99-3573-09 (2000).

State v. Henrich, Case No. 71A of 3/8/95 (AM) (H.Dist.Ct.).

Elderly client acquitted on harassment of bus driver charge.

State v. Jean-Pierre, Case No. TRP6 of 7/19/99. (H.Dist.Ct.).

Client acquitted of assaulting landlord.

State v. Kaaina, Case No. 171 of 6/15/87 (H.Dist.Ct. 1987).

Client acquitted of drug possession for marijuana in car ashtray.

State v. Kaipo, Cr. No. F-92257 (Kona D. Ct. 2000).

Client acquitted because of the government's failure to properly charge.

State v. Kam, 68 Haw. 631, 726 P.2d 263 (1986) (KAM I)

Porno conviction vacated for failure to instruct jury on "community standard."

State v. Kam, 69 Haw. 483, 748 P.2d 372, 56 U.S.L.W. 2429, 7 Lawyer Alert 199 (1988) (KAM II).

Conviction reversed because pornography statute unconstitutional. As a result of that decision the following cases dismissed: State v. Fleming, Case Nos. 62A, 63A, 64A, and 65A; State v. Mels Arcade, Case Nos. 76A, 77A, and 78A; State v. Paris Theater, Case No. 82A and 83A; State v. Risque Theater, Case Nos. 84A, 85A, and 86A; State v. Sekiya, Case Nos. 87A and 88A; State v. Sylva, Case Nos. 93A, 94A, and 95A; State v. Waikiki Video Center, Case no. 99A; and State v. Goza, Case Nos. 100A, 101A, and 102A.

State v. Labuguen, Cr. No. 00-1-1682 (1st Cir. 9/29/00).

Elderly client acquitted of cable television fraud charges.

State v. LeVasseur, 1 Haw. App. 19, 613 P.2d 1328 (1980).

Defended client on theft charges for releasing laboratory dolphins into the open ocean.

State v. Locricchio, CTR1 (Koolaupoko, 1/27/92).

Lawyer client acquitted of disorderly conduct.

State v. Matamua, Case 23P, (D.Hon. 11/19/93).

Client acquitted of DUI.

State v. Mirahmatov, Case No. TRP 12 of 12/4/01 PM (D. Honolulu).

Religious devotee acquitted of peddling in Waikiki.

State v. Misa, Cr. No. 94-405 (1st Cir.).

Procured dismissal of firearms charge for gun found under car seat.

State v. Panoke, Cr. No. 93-2011 (1994).

Client given no extra jail despite terrorizing guard because prison "intolerable."

State v. Princeton, Case No. 37 AM calendar (H.Dict.Ct. 1/19/93).

Religious devotee acquitted of impersonating police officer while soliciting.

State v. Rapozo, 1 Haw. App. 255, 617 P.2d 1234 (1980).

Criminal appeal challenging right to effective counsel.

State v. Santistevan, 5 Haw. App. 681 (1984).

Client acquitted of criminal littering for dropping a flower on the street.

State v. Scharf, Cr. No. 87-0039 (Haw. 1st Cir. 1989).

Client freed when judge reconsidered jail sentence for "under-karating" gold.

State v. Tull, Cr. No. 95-224K (Haw. 3rd Cir., 1997).

Client acquitted when evidence suppressed for illegal search & seizure.

State v. Umphryes, Cr. No. 51571 (Haw. 1st Cir. 1980).

Hooker acquitted on theft of patron.

State v. Vierra, Cr. No. 84-0321 (Haw. 1st Cir. 1989).

Procured discharge of probation over objections.

State v. Warren, Case No. LNR16 of 6/23/94 (D.Ct. 2nd Cir. - Wailuku).

Procured dismissal of client charged with passing out leaflets at Iao Valley.

State v. Whitley, 65 Haw. 486, 654 P.2d 354 (1982).

Client acquitted because of impermissible amending charge by Prosecutor.

State v. Willis, Cr. No. 85-0305.

Client acquitted of cocaine charges for drugs found in his pocket.

U.S. v. Dass, 849 F.2d 414 (9th Cir. 1988).

Charges dismissed for "stale" search warrant.

U.S. v. Edwards, 800 F.2d 878 (9th Cir. 1986).

Drug conviction vacated for lack of written findings on disputed facts.

U.S. v. Govro, 833 F.2d 135 (9th Cir. 1987).

Speeding conviction vacated because of lack of federal jurisdiction.


ADMINISTRATIVE:

In Re: Jubran Jubran, Case No. 91/LUV ZBA-122.

Haleiwa puka shell vendors acquitted of zoning violation.

Shirk v. Better Hearing Group, FEP #7215.

Company defeated sex harassment charges before Civil Rights Commission.

In Re: Sloop Pa'ihi, AG No. 96-0542.

Forfeiture action for drugs found on boat dismissed.

In Re: Terry Ford. BV94-12-5.

Waimanalo Fruit stand acquitted of building violation.

McKalvia v. Freeman Guards, Inc., FE #7677.

Security guard company defeated alleged civil rights violation.

In Re: Mendoza, Dept. of Finance (2/24/97).

Taxi driver successfully defended right to be re-issued license.

Nix v. State, MCCP No. 98-66 (12/18/98).

Inmate awarded damages for knee injury before Medical Claims

Staying Current

Since 1974, Jack has been practicing in the areas of civil litigation and criminal law, with an emphasis on civil rights and constitutional law. He also handles personal injury and medical malpractice cases, business law, landlord/tenant matters, environmental law, matters at the agency level, as well as appeals to the State and Federal Court.

Jack is one of the most experienced and well respected attorneys in Hawaii and continues to be a fighter for justice. If you have a legal concern don't hesitate to contact his office.

The Lawyer's Building
550 Halekauwila Street, Room 309
Honolulu, Hawaii 96813

Phone: (808) 533-7491
Fax: (808) 533-7490
Email:JackSchweigert@hotmail.com

PLEASE NOTE, CONTACTING THIS LAW OFFICE DOES NOT CREATE AN ATTORNEY/ CLIENT RELATIONSHIP AND CONFIDENTIAL INFORMATION SHOULD NOT BE SENT UNTIL SUCH RELATIONSHIP ESTABLISHED.