O?ahu Women’s Court, launched in 2022 as a response to rising incarceration rates among women, was initially designed to welcome 20 participants annually. As of this month, that figure has already surpassed expectations, with 33 women engaged in the program. Advocates for the initiative are now pushing for its establishment as a permanent fixture and aim to extend its availability to other islands.
Located within Ka?ahumanu Hale, the First Circuit Court building in O?ahu, the court focuses on providing treatment and support for women facing nonviolent charges, especially those who have endured trauma, mental health struggles, poverty, addiction, or unstable living situations. Women’s Court participants are required to attend regular court sessions, collaborate with probation officers, undergo weekly classes, and engage in personalized treatment plans that may involve programs like Alcoholics Anonymous or Narcotics Anonymous.
Current discussions indicate a desire to solidify the Women’s Court as part of the First Circuit, as emphasized by Hawai?i Chief Justice Mark Recktenwald during his recent State of the Judiciary address, where he urged the Legislature to sustain funding before the pilot program’s financial support ends on June 30. The Women’s Legislative Caucus, which advocated for the court’s creation, is exploring the possibility of launching similar programs in counties like Maui, Hawai?i Island, and Kaua?i.
To support these efforts, a pair of legislative bills aim to implement a Women’s Court pilot initiative across these islands. Rep. Mahina Poepoe, who introduced one of the House bills and represents the islands of Moloka?i, L?na?i, and parts of Maui, expressed her belief in the benefits for women facing nonviolent charges. She highlighted that many of these individuals are mothers and caregivers who deserve alternatives to incarceration, emphasizing a need for treatment that prioritizes healing rather than strict penalization.
Poepoe also noted that Native Hawaiian women are significantly impacted by the justice system, underscoring the importance of these initiatives for addressing disparities. Although the proposed bills do not yet specify funding amounts, they outline the need for full-time social workers and clerks to support the initiative.
Legislating this as a pilot program is a strategic approach to trial new solutions. The favorable outcomes seen with the O?ahu Women’s Court raise optimism that similar successes could be replicated on the neighbor islands. Advocates hope that positive results from these initiatives will secure future legislative backing, leading to broader access to transformative resources for women state-wide.
The formation of the O?ahu Women’s Court is a response to an alarming trend of increasing female incarceration, a phenomenon observed both in Hawai?i and across the United States. From 1980 to 2022, the national rate of incarcerated women surged over 585%, totaling 180,684 female inmates as reported by a 2024 advocacy study. As of 2022, the incarceration rate for women in Hawai?i stands at 30 per 100,000.
To date, 83 women have been referred to the O?ahu Women’s Court, with assessments completed for 81. As of August, five women graduated from substance-abuse treatment, while 11 were actively undergoing treatment, 16 engaged in individual therapy, and 17 sought psychiatric care. Meanwhile, 15 women accessed case management services, and eight maintained employment, showing the program’s positive influence on participants’ lives.
Kat Brady, an advocate in community justice, noted the distinct pathways women take into the justice system, which often differ from men’s experiences. Many women hold dual responsibilities as work providers and family caretakers, with the pressures potentially pushing them toward substance misuse. She emphasizes that a more nuanced understanding of individual circumstances by the judicial system could lead to significantly different outcomes.
This specialized program, referred to as Mohala Wahine, which translates to “blossoming woman,” encapsulates the growth and transformation participants experience. In a recent ceremony, court staff and participants began with a traditional chant, setting an empowering tone. Recktenwald expressed his appreciation for the court’s development, acknowledging the contributions of individuals like First Circuit Court Judge Mark Browning and Rep. Linda Ichiyama who played key roles in the initiative’s realization.
The ongoing momentum of the O?ahu Women’s Court cannot be overlooked, as the proposed House Bill 727 awaits discussion, with the counterpart bill in the Senate scheduled for a hearing on the same day. Additionally, the judiciary has identified the push for permanent funding for the Women’s Court in its budget proposals, indicating a commitment to sustaining this vital program moving forward.
