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{{Infobox officeholder
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'''Todd W. Eddins''' (born {{circa}} 1964
==
Eddins received his [[Bachelor of Business Administration]] from the [[College of William & Mary]] in 1986 and he received his [[Juris Doctor]] from the [[William S. Richardson School of Law]] at the University of Hawaiʻi at Mānoa in 1991.<ref>{{Cite web |title=Todd W. Eddins Lawyer Profile on Martindale.com |url=https://www.martindale.com/attorney/todd-w-eddins-894167/ |access-date=November 13, 2020 |website=www.martindale.com}}</ref> While attending law school, Eddins was Executive Editor of the ''[[William S. Richardson School of Law#University of Hawaii Law Review|University of Hawaii Law Review]]''.<ref name=
▲Eddins received his [[Bachelor of Business Administration]] from the [[College of William & Mary]] in 1986 and he received his [[Juris Doctor]] from the [[William S. Richardson School of Law]] in 1991.<ref>{{Cite web |title=Todd W. Eddins Lawyer Profile on Martindale.com |url=https://www.martindale.com/attorney/todd-w-eddins-894167/ |access-date=November 13, 2020 |website=www.martindale.com}}</ref> While attending law school, Eddins was Executive Editor of the ''[[William S. Richardson School of Law#University of Hawaii Law Review|University of Hawaii Law Review]]''.<ref name="StateCourt">{{Cite web |title=Judge Todd W. Eddins |url=https://www.courts.state.hi.us/judge-todd-w-eddins |access-date=November 13, 2020 |website=www.courts.state.hi.us |language=en}}</ref><ref name="Resume">{{cite web|url=https://governor.hawaii.gov/wp-content/uploads/2020/10/Todd-Eddins-CV-.pdf|title=Todd Eddins|publisher=Office of the Governor|accessdate=November 13, 2020}}</ref>
After graduating law school, he served as a law clerk for Justice [[Yoshimi Hayashi]] of the
'''Notable Cases During Legal Career'''
▲== Legal career ==
During his time as a public defender and in private practice, Eddins was lead trial counsel in 125 jury trials.
▲After graduating law school, he served as a law clerk for Justice [[Yoshimi Hayashi]] of the Hawaii Supreme Court.<ref name="StateCourt" /> He later served as a [[public defender|deputy public defender]] from 1992–2004. He served in private practice from 2004–2010 and again from 2013–2017.<ref name="Resume" />
'''Jack Law.''' In a 2006 sexual assault trial, Eddins successfully defended Jack Law, the owner of the world-renowned Hula's Bar & Lei Stand and a pillar in the LGBTQ+ community.<ref name=":0">{{Cite web |title=Club owner acquitted in sexual assault case {{!}} The Honolulu Advertiser {{!}} Hawaii's Newspaper |url=https://the.honoluluadvertiser.com/article/2006/Jul/04/ln/FP607040350.html |access-date=2024-05-09 |website=the.honoluluadvertiser.com}}</ref> The jury acquitted Law in less than ten minutes, prompting Eddins to denounce what he called “the most outrageous, reprehensible prosecution in recent memory.”<ref name=":0" /> The courtroom broke out in applause and Law told his supporters “Hula’s for free drinks.”<ref name=":0" />
'''Billy Kenoi.''' Eddins represented then Hawai‘i County Mayor Billy Kenoi in 2016 who was charged with four counts of theft and one count of making a false statement under oath.<ref name=":1">{{Cite web |date=2016-11-01 |title=Not guilty: Jury acquits Hawaii Mayor Billy Kenoi on all counts |url=https://www.khon2.com/local-news/not-guilty-jury-acquits-hawaii-mayor-billy-kenoi-on-all-counts/ |access-date=2024-05-09 |website=KHON2 |language=en-US}}</ref> Supporters in the courtroom cried when the jury found Kenoi not guilty.<ref name=":1" /> Eddins described the accusations as “flimsy” and “an odious attempt to take down a once-in-a-generation, good decent man.”<ref name=":1" />
=== Circuit Court ===▼
'''Alison Dadow.''' In a nationally followed case, Eddins represented Alison Dadow (also known as Alexandria Duval), who was accused of killing her twin sister by driving their car off the Hana Highway in Maui.<ref name=":2">{{Cite web |last= |first= |date=June 8, 2016 |title=Hawaii Woman Accused of Killing Her Twin Released by Judge |url=https://abcnews.go.com/US/hawaii-woman-accused-killing-twin-released-judge/story?id=39715406 |access-date=2024-05-09 |website=ABC News |language=en}}</ref> Dadow was released after a judge found there was no probable cause for the murder charge.<ref name=":2" /> Eddins agreed that it “was a tragic accident. It was not a homicide, it was not a crime. This judge understood the evidence and we’re just grateful that he got it.”<ref name=":2" />
'''Tayshea Aiwohi.''' Eddins won a landmark victory at the Hawai‘i Supreme Court in ''State v. Tayshea Aiwohi''. The State charged Aiwohi with manslaughter because she smoked methamphetamine while pregnant and her son died shortly after birth.<ref name=":3">{{Cite web |title=State v. Aiwohi |url=http://oaoa.hawaii.gov/jud/opinions/sct/2005/26838.htm |access-date=2024-05-09 |website=oaoa.hawaii.gov}}</ref> Eddins defended Aiwohi and argued that a mother could not be prosecuted for conduct that harmed a fetus because a fetus was not a person. Eddins warned that if a mother can be prosecuted for conduct toward a fetus, then a mother could be criminally charged for caffeine or tobacco use while pregnant.<ref>{{Cite AV media |url=https://www.youtube.com/watch?v=_kPivLgZ-lI |title=Todd Eddins wins landmark women's rights case |language=en |access-date=2024-05-09 |via=www.youtube.com}}</ref> The court agreed with Eddins, holding that under Hawai‘i law, a person is a “human who has been born and is alive.”<ref name=":3" /> The high-profile case examined the ethical, scientific, and public policy issues that arose from the co-occurrence of pregnancy and drug dependency.
=== Hawaii Supreme Court ===▼
'''[[Waiāhole-Waikāne struggle|Waiahole-Waikane Community Association]]'''. In 1977 the state bought hundreds of acres in Waiahole Valley to prevent the land from being developed into a housing subdivision.<ref>{{Cite web |title=Waiahole residents should get more time {{!}} The Honolulu Advertiser {{!}} Hawaii's Newspaper |url=https://the.honoluluadvertiser.com/article/2004/Dec/01/op/op01p.html |access-date=2024-05-09 |website=the.honoluluadvertiser.com}}</ref> The state promised to keep the land in agriculture use.<ref name=":4">{{Cite web |title=Residents question evictions {{!}} The Honolulu Advertiser {{!}} Hawaii's Newspaper |url=https://the.honoluluadvertiser.com/article/2004/Dec/06/ln/ln15p.html |access-date=2024-05-09 |website=the.honoluluadvertiser.com}}</ref> In 1988, leases were handed out to families who lived and farmed there.<ref name=":4" /> In 2004, Eddins represented the Waiahole-Waikane Community Association as the state threatened to evict residents who failed to meet the terms of the state lease.<ref name=":5">{{Cite web |title=Honolulu Star-Bulletin News |url=https://archives.starbulletin.com/2004/11/30/news/index4.html |access-date=2024-05-09 |website=archives.starbulletin.com}}</ref> At the time, Governor Linda Lingle's administration wanted to turn over management of the valleys to the Department of Hawaiian Home Lands.<ref name=":5" /> The association members unanimously opposed the proposed transfer.<ref name=":5" /> Ultimately, the legislature passed a resolution opposing the transfer and it did not occur.<ref>{{Cite web |title=S.C.R. No. 178, S.D. 1, H.D. 1, 23 Leg. (2003) |url=https://www.capitol.hawaii.gov/sessions/session2005/bills/SCR178_.htm}}</ref>
On September 29, 2020, Governor [[David Ige]]'s office announced Eddins was one of three candidates being considered for appointment to the Hawaii Supreme Court.<ref>{{Cite press release |title=Governor to consider nominees for state supreme court |date=September 29, 2020 |publisher=Office of the Governor |location=Honolulu, Hawaii |url=https://governor.hawaii.gov/newsroom/latest-news/office-of-the-governor-governor-to-consider-nominees-for-state-supreme-court/ |access-date=November 13, 2020}}</ref> On October 23, 2020, Governor [[David Ige]] announced Eddins as his appointment to the [[Supreme Court of Hawaii|Hawaii Supreme Court]] to fill the vacancy left by the retirement of [[Richard W. Pollack]].<ref>{{Cite press release |title=Governor Ige appoints First Circuit judge to Hawai'i Supreme Court |date=October 23, 2020 |publisher=Office of the Governor |location=[[Honolulu]], [[Hawaii]] |url=https://governor.hawaii.gov/newsroom/office-of-the-governor-news-release-governor-ige-appoints-first-circuit-judge-to-hawaii-supreme-court/ |access-date=November 13, 2020}}</ref> On November 19, 2020, he was confirmed in the [[Hawaii Senate]] by a vote of 25–0.<ref>{{Cite web |date=November 4, 2020 |title=Submitting for consideration and confirmation as Associate Justice to the Hawaii Supreme Court, Gubernatorial Nominee, TODD W. EDDINS, for a term to expire in ten years. |url=https://www.capitol.hawaii.gov/measure_indivSS.aspx?billtype=GM&billnumber=1&year=2020b |access-date=November 20, 2020 |website=www.capitol.hawaii.gov}}</ref><ref>{{Cite web |last=Nakaso |first=Dan |last2=Nov. 19 |first2=2020 |last3=pm |first3=Updated 12:40 |date=November 19, 2020 |title=Todd Eddins unanimously confirmed to Hawaii Supreme Court |url=https://www.staradvertiser.com/2020/11/19/breaking-news/todd-eddins-unanimously-confirmed-to-hawaii-supreme-court/ |access-date=November 20, 2020 |website=Honolulu Star-Advertiser |language=en-US}}</ref> He was sworn in on December 11, 2020.<ref>{{Cite tweet |number=1331743863849984001 |user=hawaiicourts |title=Join us for the swearing-in of Todd W. Eddins as Associate Justice of the Hawaii Supreme Court at 3:30 p.m. on Friday, Dec. 11. Watch it live on https://youtube.com/user/hawaiicourts |date=November 25, 2020}}</ref><ref>{{Cite web |title=Calendar of Events |url=https://calendar.ehawaii.gov/calendar/html/event/2020/12/11/?eventCollectionCode=jud&viewtype=2¤tViewtype=2&event=111271190&viewperiod=1 |access-date=2020-12-15 |website=calendar.ehawaii.gov}}</ref>▼
==Judicial
On February 9, 2017, Governor David Ige appointed Eddins to be a Circuit Judge of the First Circuit Court to fill the vacancy left by the retirement of Judge Richard K. Perkins in June 2016.<ref name="Oahu" /> Eddins became a Circuit Judge on April 7, 2017.<ref name=StateCourt /><ref>{{Cite press release |title=Remigio, Eddins, and Hiraoka Sworn In |date=April 7, 2017 |publisher=Hawaii State Judiciary |url=https://www.courts.state.hi.us/news_and_reports/2017/04/remigio-eddins-and-hiraoka-sworn-in |access-date=December 15, 2020}}</ref> His service on the Circuit Court terminated when he was sworn in as an associate justice of the Hawaiʻi Supreme Court. Known as a workhorse, Eddins presided over 85 jury trials and 21 jury-waived trials during his three years as a Circuit Court judge.
'''Mark Char.''' In 2016, Mark Char was found guilty of three counts of attempted murder.<ref name=":6">{{Cite web |last=Bote |first=Joshua |title=Man convicted in road rage attack wore blackface, delivered racist defense in court |url=https://www.usatoday.com/story/news/nation/2019/07/02/hawaiis-mark-char-wore-blackface-sentencing-road-rage-stabbing/1630795001/ |access-date=2024-05-09 |website=USA TODAY |language=en-US}}</ref> The relatively straightforward case turned heads around the country when Char wore blackface to his sentencing in 2019.<ref name=":6" /> Char, who is not black, criticized the “kangaroo court” for treating him like a black man, so he decided to “be a black man.”<ref name=":6" /> Eddins quickly rebuked Char, “If you look in the mirror, Mr. Char, you’re not gonna see a black person. You’re gonna see a menace. You’re a menace to society.”<ref name=":6" /> Eddins sentenced Char to life in prison with the possibility of parole.<ref name=":6" />
'''Isaiah McCoy.''' Isaiah McCoy, a death row exoneree, was charged with second-degree robbery in 2019.<ref name=":7">{{Cite web |last=Kawano |first=Lynn |date=2019-10-11 |title=Fiery outbursts get death row exoneree dragged out of Honolulu courtroom |url=https://www.hawaiinewsnow.com/2019/10/11/fiery-outbursts-get-death-row-exoneree-isaiah-mccoy-dragged-out-courtroom/ |access-date=2024-05-09 |website=www.hawaiinewsnow.com |language=en}}</ref> During a hearing on the State's request to deny bail, Eddins gave Mr. McCoy several warnings after he raised his voice and “made questionable statements.”<ref name=":7" /> Mr. McCoy yelled at Eddins, “Dude, make your ruling and I’m going to fight it.”<ref name=":7" /> Eddins finally had a deputy sheriff remove Mr. McCoy when he claimed racism.<ref name=":7" /> He continued yelling “You’re a racist” as he was dragged out of court.<ref name=":7" />
▲On September 29, 2020, Governor [[David Ige]]
'''Notable Opinions'''
'''Personal Jurisdiction.''' In ''Womble Bond Dickinson (US) LLP v. Kim'', Eddins’ opinion adopted conspiracy jurisdiction into Hawai‘i law.<ref>{{Cite web |title=Womble Bond Dickinson (US), LLP v. Kim, 153 Hawaiʻi 307, 537 P.3d 1154 (2023) |url=https://www.courts.state.hi.us/wp-content/uploads/2023/10/SCPW-23-0000076.pdf}}</ref> opinion held that Hawaiʻi's courts did not have jurisdiction over certain law firms who represented tobacco companies. Eddins addressed personal jurisdiction in a concurring opinion to ''City and County of Honolulu v. Sunoco''.<ref name=":8">{{Cite web |title=City & Cnty. of Honolulu v. Sunoco LP, 153 Hawaiʻi 326, 361, 537 P.3d 1173, 1208 (2023) (Eddins, J., concurring) |url=https://www.courts.state.hi.us/wp-content/uploads/2023/10/SCAP-22-0000429con.pdf}}</ref> Eddins noted an effort by U.S. Supreme Court Justice Neil Gorsuch to question personal jurisdiction law on originalist grounds. Eddins observed that “''International Shoe'' still fits” but cautioned that this effort risked major disruptions in settled law.<ref name=":8" />
'''Gun Rights.''' Eddins authored a unanimous opinion declaring that article I, section 17 of the Hawaiʻi Constitution creates only a collective, militia-based right to bear arms, not an individual one.<ref name=":9">{{Cite web |title=State v. Wilson, 154 Hawaiʻi 8, 543 P.3d 440 (2024) |url=https://www.courts.state.hi.us/wp-content/uploads/2024/02/SCAP-22-0000561.pdf}}</ref> Article I, section 17 contains the same language as the Second Amendment to the U.S. Constitution. Eddins’ opinion explained why the Hawaiʻi Supreme Court gives the same words a different meaning than the U.S. Supreme Court, criticizing the Supreme Court's decisions in ''D.C. v. Heller'', ''Chicago v. McDonald'', and ''NY Rifle and Pistol Association v. Bruen''. Eddins’ opinion did not interpret the Second Amendment or nullify the Supreme Court's interpretation of the Second Amendment. Rather, it decided that Wilson did not have standing to challenge his conviction under the Second Amendment, because he never bothered to apply for a concealed carry license.<ref name=":9" /> The opinion sharply criticized the U.S. Supreme Court's misuse and distortion of the text, history, and purpose of the Second Amendment. Eddins wrote that the Second Amendment was intended to preserve State militias, not “someone packing a musket to the wigmaker just in case.”<ref name=":9" /> The opinion gained significant media attention for quoting the HBO hit series The Wire to show that the Constitution is not “caged” and that a backward-looking approach to the Constitution is ill-suited to contemporary times.<ref>{{Cite news |date=February 9, 2024 |title=Hawaiiʻs high court cites 'The Wire' in its ruling on gun rights |url=https://www.npr.org/2024/02/09/1230580485/hawaii-high-court-the-wire-gun-rights |work=NPR}}</ref> “The thing about the old days, they the old days” Wire character Slim Charles (and Eddins) said.<ref>{{Cite AV media |url=https://www.youtube.com/watch?v=R94t8E71Ct0 |title=The Wire {{!}} The Old Days |language=en |access-date=2024-05-09 |via=www.youtube.com}}</ref>
'''Climate Change.''' Hawaiʻi's Constitution, article XI, section 9 provides every person “the right to a clean and healthful environment.”<ref>{{Cite web |title=State Constitution |url=https://lrb.hawaii.gov/constitution/ |access-date=2024-05-09 |website=lrb.hawaii.gov |language=en-US}}</ref> Eddins authored a majority opinion construing this provision to include “the right to a life-sustaining climate system.”<ref name=":10">{{Cite web |title=Matter of Hawaiʻi Electric Light Company, 152 Hawaiʻi 352, 526 P.3d 329 (2023) |url=https://www.courts.state.hi.us/wp-content/uploads/2023/03/SCOT-22-0000418.pdf}}</ref> Eddins wrote, “the reality is that yesterday's good enough has become today's unacceptable. The [Public Utilities Commission] was under no obligation to evaluate an energy project conceived of in 2012 the same way in 2022. Indeed, doing so would have betrayed its constitutional duty.”<ref name=":10" /> This is the first United States decision to declare a stable climate as an affirmative right.<ref>{{Cite web |last1=Hijazi |first1=Jennifer |date=June 8, 2016 |title=Why Hawaii became a hotbed of legal activism to protect the climate |url=https://phys.org/news/2023-11-hawaii-hotbed-legal-climate.html |access-date=2024-05-09 |website=phys.org |language=en}}</ref> Eddins has also written that the Hawaiʻi Public Utilities Commission must consider the state's use of fossil fuels and greenhouse gas emissions when it carries out its responsibility to safeguard public trust resources.<ref>{{Cite web |title=Matter of Maui Electric Co., Ltd. 150 Hawaiʻi 528, 506 P.3d 192 (2022) |url=https://www.courts.state.hi.us/wp-content/uploads/2022/03/SCOT-21-0000041.pdf}}</ref>
'''Originalism.''' Eddins has been an outspoken critic of originalism and the conservative majority on the U.S. Supreme Court.<ref name=":8" /> He has criticized originalism for chaining itself strictly to the past.<ref name=":9" /> His opinions have observed that when the Constitution was ratified, women, minorities, and non-property owners did not share the same legal rights or political participation as the white, male, property owners who drafted the Constitution.<ref name=":9" /> In his ''Sunoco'' concurrence, Eddins wrote, “Originalism revives their value judgments. To constrain the value judgments of contemporary judges!”<ref name=":8" /> At his confirmation hearing before the Hawaiʻi State Senate, Eddins called originalism “a silly way to interpret the law.”<ref>{{Cite web |last=Lovell |first=Blaze |date=2020-11-17 |title=Senators Dig In To Hawaii Supreme Court Nominee's Positions |url=https://www.civilbeat.org/2020/11/senators-dig-in-to-hawaii-supreme-court-nominees-positions/ |access-date=2024-05-09 |website=Honolulu Civil Beat |language=en}}</ref> His opinions have criticized originalists on the U.S. Supreme Court for cherry-picking history and getting the facts wrong to advance preferred policy preferences.<ref>{{Cite web |last=Wilkinson |first=Francis |date=February 15, 2024 |title=Hawaii Rightly Rejects Supreme Court’s Gun Nonsense |url=https://www.bloomberg.com/opinion/articles/2024-02-15/hawaii-justices-rebuke-us-supreme-court-s-gun-decisions?embedded-checkout=true |access-date=2024-05-09 |website=www.bloomberg.com}}</ref> He has chided the Supreme Court for its hypocrisy and selective application of originalism.<ref name=":8" /> Eddins has also called the Supreme Court out on its claim that originalism constrains judges’ personal views. In ''Sunoco'', he wrote that “enduring law is imperiled. Emerging law is stunted. A justice’s personal values and ideas about the very old days suddenly control the lives of present and future generations.”<ref name=":8" />
'''Insurer's Duty to Defend.''' Eddins has opined on an insurance company's duty to defend a policyholder under Hawaiʻi law. In ''St. Paul Fire & Marine Insurance Co. v. Bodell Construction Co.'', Eddins wrote that Hawaiʻi law has a broad duty to defend, so an insurer can't try to recoup its defense costs from a policyholder unless the insurance policy contains an express reimbursement provision.<ref>{{Cite web |title=St. Paul Fire & Marine Insurance Co. v. Bodell Construction Co., 153 Hawaiʻi 381, 538 P.3d 1049 (2023) |url=https://www.courts.state.hi.us/wp-content/uploads/2023/11/SCCQ-22-0000658.pdf}}</ref>
'''Access to Public Records'''. Eddins’ opinions have addressed access to public records for journalists and state agencies. The State of Hawaii Office of the Auditor sought records from the state Office of Hawaiian Affairs (OHA), which OHA claimed were protected by its attorney-client privilege.<ref name=":11">{{Cite web |title=Office of Hawaiian Affairs v. Kondo, 153 Hawaiʻi 170, 528 P.3d 243 (2023) |url=https://www.courts.state.hi.us/wp-content/uploads/2023/04/SCAP-21-0000701.pdf}}</ref> The Hawai‘i Supreme Court ruled that privilege protected the records.<ref name=":11" /> In another case, investigative journalists from Honolulu Civil Beat sued the Hawaii Attorney General for access to the AG's report investigating abuse in the state auditor's office.<ref name=":12">{{Cite web |title=Honolulu Civil Beat Inc. v. Depʻt of the Attorney Gen., 151 Hawaiʻi 74, 508 P.3d 1160 (2022) |url=https://www.courts.state.hi.us/wp-content/uploads/2022/04/SCAP-21-0000057.pdf}}</ref> Eddins, writing for the majority, held that the Attorney General must disclose most of the report with some redactions.<ref name=":12" />
'''Hawaiian Homelands Settlement.''' The 1920 Hawaiian Homes Commission Act created a land trust to provide homesteads to Native Hawaiians.<ref name=":13">{{Cite web |title=Rivera v. Cataldo, 153 Hawaiʻi 320, 537 P.3d 1167 (2023) |url=https://www.courts.state.hi.us/wp-content/uploads/2023/10/SCPW-23-0000571.pdf}}</ref> Due to poor administration of the trust, thousands of Native Hawaiians waited decades but never received homestead leases.<ref name=":13" /> In 2022, the State of Hawaii settled decades-long litigation with Native Hawaiian trust beneficiaries.<ref name=":13" /> The State agreed to pay $328 million, once all litigation over the settlement ended.<ref name=":13" /> Self-represented plaintiff Rickey Rivera asked the Hawaiʻi Supreme Court to review his claim that he was eligible to receive a payout from the settlement.<ref name=":13" /> His claim had the potential to delay payout of the settlement for months, if not years.<ref name=":13" /> Eddins, writing for the court, expeditiously resolved Rivera's appeal, allowing payouts to reach the settlement beneficiaries.<ref name=":13" />
'''Plavix Litigation.''' Eddins’ opinion vacated an $834 million penalty that a Hawaiʻi circuit court imposed on Bristol Myers Squibb and Sonofi, makers of the anti-platelet drug Plavix.<ref name=":14">{{Cite web |title=State ex rel. Shikada v. Bristol-Myers Squibb Co., 152 Hawaiʻi 418, 526 P.3d 395 (2023) |url=https://www.courts.state.hi.us/wp-content/uploads/2023/03/SCAP-21-0000363.pdf}}</ref> The State of Hawaiʻi had sued the companies, arguing that they concealed the fact that the drug didn't work as well in people with certain liver enzymes.<ref name=":14" /> Eddins reasoned that circuit court prematurely granted summary judgment on whether Plavix's label mattered to consumers and sent the case back for a new trial.<ref name=":14" />
==References==
{{Reflist|30em}}
==
{{Ballotpedia|Todd_Eddins|Todd Eddins}}
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