Alan Cooke Kay, a retired U.S. District Court Judge known for his key rulings in favor of Kamehameha Schools' admissions policy and press freedom in Hawaii, passed away at the age of 92. The U.S. District Court of Hawaii, in an announcement confirmed he was surrounded by his wife Pat and family at the time of his passing, as The Honolulu Star-Advertiser reported.
Kay, a notable figure in the legal community, held the distinct responsibility of serving as Chief Judge from 1991 to 1999 before taking senior status in 2000. His colleagues reflected on his tenure with admiration for his legal prowess and his personal attributes. "He was a beloved member of our court for over three decades. As a truly gifted jurist, Judge Kay always judged with humility, compassion, and his famously dry sense of humor," said Chief U.S. District Court Judge Derrick K. Watson, according to a statement obtained by The Honolulu Star-Advertiser.
His education included degrees from Princeton University and the University of California, Berkeley School of Law, and he also served in the U.S. Marine Corps from 1953 to 1955. Kay was nominated to the federal bench by President Ronald Reagan on July 3, 1986. Prior to his judgeship, he was a partner at the Honolulu firm of Case Kay & Lynch and held a role as director of the Legal Aid Society of Honolulu from 1968 through 1971.
In one of his landmark decisions, Judge Kay ruled in 2003 that the "Kamehameha Schools' admissions policy granting a preference to children of Native Hawaiian ancestry was constitutional and did not violate federal law." The judgment was "grounded in his knowledge of Hawaiian history and the Kamehameha Schools’ policy of educating native Hawaiians given that history," a perspective that reflects a deep understanding of the indigenous nuances, as detailed in a news release from the U.S. District Court of Hawaii. His decision was later affirmed by the full Ninth Circuit in 2006, serving to significantly uphold educational opportunities for native communities, according to The Honolulu Star-Advertiser.
In addition to his contributions to educational equality, Judge Kay fiercely protected the independence of the press in Hawaii. In a pivotal 1999 decision, he stopped the termination of the joint operating agreement between The Honolulu Advertiser and Honolulu Star-Bulletin, concluding that it "would have violated federal antitrust laws and have resulted in the demise of the Star-Bulletin." He held that "public interest in maintaining an independent and competitive press strongly supported his injunction," a view similarly echoed by legal minds across the state and upheld on appeal to the Ninth Circuit. This information was corroborated by the press release announcing his death, as detailed by The Honolulu Star-Advertiser.
Hawaii Supreme Court Chief Justice Mark E. Recktenwald also paid tribute, saying, "He had a brilliant legal mind and was always meticulously prepared. He was unfailingly fair and respectful to all those who appeared in his courtroom," he told The Honolulu Star-Advertiser.