Since the annual report tells us nothing about either, there is no reason to suppose that the number of officers disciplined reflects the actual incidence of misconduct.

The report is further deficient in that it fails to release case details or police identities (partly because of state confidentiality laws and contracts that protect police interests).

Instead, readers of the report are simply given a scattering of numbers and asked to believe that the digits reflect high levels of police integrity. The report itself provides no credible basis for making that leap of faith.

In past editorials, The Advertiser has called for increased levels of transparency and accountability. Until such reforms are achieved (or at least attempted), this unhelpful report can serve as our annual reminder that when it comes to police accountability, things are not as they should be.

NO ONE LOSES

IF POLITICIANS WON'T FIX TAXES, PROP. 13 WILL

Last week I read that Mainlanders make up a higher percentage of Maui residents than those born in Hawai'i, partly because Hawaiians cannot afford the cost of living there any more, especially housing, and are moving to the Mainland.

Then on the Jan. 15 Advertiser front page, there was a nice juxtaposition of one article, "Homeowners' tax bite: Soaring valuations erode lifestyle, peace of mind," with another, "Extra $547M beckons to lawmakers," which indicated that lawmakers were little disposed to give relief to people who may lose their homes because of increased property taxes.

This is appalling, but not surprising, because we faced the same problem in California about 40 years ago, and the citizens took action and passed Proposition 13, which only allowed property taxes to increase 2 percent per year. If the property is sold, the new valuation for taxes is the selling price, not something the assessor makes up, and the seller pays taxes on the capital gains.

This way no one loses his or her home or business because of increased valuations that have brought them no extra income.

SCHOOLS

INTELLIGENT DESIGN VIEW DOESN'T HOLD UP

On Jan. 8, you ran an editorial titled "Intelligent design not right for public school," observing intelligent design is merely another name for creationism. You close by saying "fact and faith" should be kept separate.

Assuming that this is the premise of the editorial, it flounders like a rowboat in a typhoon in relation to this subject. Macro-evolution, Darwinism, Neo-Darwinism, whatever term you care to use, is hardly scientific fact.

Those favoring the "theory" for over a hundred years have struggled with significant problems. Whether it is in the fields of geology, microbiology or paleontology, the proof, if any, remains as thin as a Turkish veil. These difficulties with evolutionary theory are typically explained away by more theories equally unproven.

Reasoning requires facts and the application of logic, a skill we should impart to our young ones. Yet the bottom-line proof for macro-evolution has been that it must be true because there is no other naturalistic explanation; it is true because it is true. This is dogma, not science.

Michael Behe, a noted microbiologist, said it well: "Scientists should follow the physical evidence wherever it leads, with no artificial restrictions."

There are legions of scientists who have varying opinions, questions and observations about macro-evolution that should be taught. And what do our schools do? They present it as resolved science and indisputable fact. It is not.

To quote Jack Nicholson from the movie "A Few Good Men": "You want truth? You can't handle the truth!" And from your point of view, neither can our kids.

VOLUNTEERS

CROSSING GUARDS ARE NEEDED AT CROSSWALKS

Not to contradict John Shupe in his Jan. 16 letter, but, when I stop my car at a crosswalk, often the cars behind me will honk or drive around me to go through a crosswalk when someone is crossing the street.

Drivers ignore vulnerable parents with strollers; even pedestrians in wheelchairs are going as fast as they can to cross the street with cars whizzing past them illegally.

Volunteer crossing guards are one solution. Retired people with skills to organize a system of volunteers could save many lives at no financial cost to the government.

There is no way to cover volunteer crossing guards with insurance, I have been told. How ironic that fear of crossing guards getting hit by cars is keeping such a program from being created.

Drivers are so courteous to each other that no one will make the first move at a four-way intersection, actually waving on a driver who doesn't have the right of way. Why don't they stop for pedestrians?

CLEAN, SAFE

AMERICA'S WATERWAYS SHOULD BE PROTECTED

Americans should be able to rely on our waterways for clean water to drink and safe places to swim and fish. Unfortunately, more than 40 percent of the rivers and lakes in the U.S. are not clean enough for swimming and fishing, and precious waters like the Hawaiian coastlines are struggling from too much pollution.

Rather than cleaning up our waterways, the Bush administration has put in place a no-protection policy for America's waters that takes away longstanding safeguards from the small streams, wetlands, ponds and other waters that nourish our great waters. As a result, these smaller waters are at risk of unlimited pollution, development and destruction.

To clean up streams and coastlines in Hawai'i and around the country, we need to protect all of America's waterways.

President Bush should immediately drop the no-protection policy, and Rep. Neil Abercrombie should help protect all waters in the U.S. by cosponsoring the Clean Water Authority Restoration Act.

ARTIFACTS CASE

JUDGE EZRA ACTED RESPONSIBLY

This letter responds to Jonathan K. Osorio's Jan. 5 letter entitled "Judge Ezra vs. Hawaiian beliefs." We are writing on behalf of the Hawai'i Chapter of the Federal Bar Association, whose members are lawyers working in the federal judicial system.

Because federal judges cannot comment outside of the courtroom about cases before them, we are responding to professor Osorio's unfair criticism of Judge David Ezra's handling of the Kawaihae Cave artifacts case.

As an initial matter, it is regrettable that professor Osorio would make this kind of highly personalized and, in our opinion, biased and agenda-driven attack against Judge Ezra and the judiciary over the judge's handling of the case.

Judge Ezra is not against Hawaiians, nor is he against Hawaiian beliefs. Indeed, his record on the bench clearly reflects sympathy for and an understanding of Hawaiian issues.

Lest The Advertiser's headline further confuse the issue, we would like to point out that Judge Ezra did not file a suit "vs." Hawaiians or their beliefs. The plaintiffs brought the dispute about the Kawaihae artifacts to the Hawai'i Federal District Court in search of a judicial resolution. The case was assigned to Judge Ezra by random assignment.

We are a nation of laws, governed by the rule of the law. Edward Halealoha Ayau knowingly and willingly violated a court order by failing to return the Kawaihae artifacts to the Bishop Museum. Kihei Nahale'a was detained and held in contempt by Judge Ezra for disrupting the proceedings.

Edward Ayau and Kihei Nahale'a made choices. The judge's actions that followed did not demonstrate "the inability of the American judicial system to deal with issues of religious belief," as suggested by professor Osorio. Rather, Judge Ezra did what is expected of any good judge — he applied the law, enforced his order and maintained control of his courtroom.

Mr. Osorio also criticizes Judge Ezra for giving a "40-minute lecture" before issuing his ruling. In point of fact, Judge Ezra again did what a judge is supposed to do; he explained in detail the reasons and rationale for his ruling. Had Judge Ezra given no explanation at all and just ruled, he could have been justly criticized for not providing an explanation.

The message that anyone is above the law is a wrong message. Personal and religious beliefs do not, under our system of government, provide justification for disregarding an order of a federal District Court judge or for disrupting the legal proceedings in the judge's courtroom.

The job of the judicial system is to render justice under the law. Our job, as citizens, is to abide by the rule of law and to work within the system — or suffer the penalties the law metes out if we elect not to do so.

We trust that Judge Ezra will continue to do what he has done so far and what all good judges hope to do; that is, to apply the law in an objective, impartial and fair manner; to articulate the bases for his rulings in a clear manner so that the parties and the community understand his reasoning; and to enforce, when necessary, his orders so that all understand that we are a nation of laws, governed by laws — and where no one is above the law.

AGGRESSIVE PROGRAM

HECO HELPING CUSTOMERS MANAGE ENERGY DEMAND

Karen Blakeman's good story on O'ahu's energy situation ("Latest energy crisis won't be O'ahu's last," Jan. 6) gave too little attention to one of the most important things Hawaiian Electric Co. and our customers together are doing long term to meet energy needs.

HECO has one of the most aggressive programs in the country for helping customers manage the demand for energy.

Our Energy$olutions for Business program offers advice and cash rebates to help companies increase energy efficiency and save money on their electric bills through technologies from innovative lighting and air-conditioning to tinting office windows.

Since 1996, HECO has worked directly with businesses that have invested over $80 million in energy efficiency, and we have provided more than $17 million in rebates to those firms. Over the life of those improvements, these companies will save $250 million (a very good return on investment), and jointly we have reduced electrical demand by over 40 megawatts, the equivalent of a small power plant.

Our Energy$olutions for the Home program is also helping residences use less electricity, saving them money and saving our system megawatts.

Statewide, we are approaching 30,000 solar water heating units installed under our program since 1996. HECO, HELCO and MECO have paid more than $30 million in rebates to residential customers on top of the estimated $14 million they save annually in lower electric bills. These solar and other high-efficiency water heaters represent about 29 megawatts in reduced demand.

Not everyone can install a solar water heater, but anyone can put energy-saving compact fluorescent (CFL) light bulbs in their home, so in October, HECO launched a very successful campaign with discount coupons to get customers to install 100,000 CFLs in three months. Those 100,000 CFLs will save O'ahu customers nearly $1 million over the life of the bulbs and represent 1.2 megawatts of power, confirming the motto that "every little bit helps."

HECO also has a very aggressive "Live Energy Lite" campaign, urging wise everyday energy use, through advertising, public events like the one at Ala Moana Center last year, a speaker's bureau and more. We offer home conservation tips on our Web site at www.heco.com, as well as in brochures, ads and our monthly Consumer Lines newsletter.

These concerted efforts are in addition to our broad-based energy plan to meet future energy needs by bringing more renewable energy to O'ahu, as well as building a new power plant using cleaner fuel in Campbell Industrial Park and adding more small, distributed generation units around O'ahu.