OATH OF OFFICE "I solemnly swear that I will faithfully support the Constitution and laws of the United States of America and the Constitution and laws of the State of Hawaii, and that I will conscientiously and impartially discharge my duties as a police officer in the police department of the City and County of Honolulu, State of Hawaii, and any and all other duties devolving upon me in connection with such office. So help me God!"
Newly appointed Honolulu police officers reciting the Oath of Office as set forth under Article III of the Standards of Conduct of the Honolulu Police Department.

P R E S S   R E L E A S E
For Immediate Release - Friday, September 13, 2002

HPD "So Help Me God" Oath Violates Constitution
Mistake may jeopardize constitutional authority of police officers

Since 1992 all Honolulu police officers have sworn to an unconstitutional oath of office. Article XVI, Section 4, of the Constitution of the State of Hawaii mandates that "county employees who possess police powers…shall take and subscribe to the following oath or affirmation…before entering upon the duties of their respective offices."

OATH OF OFFICE AS SET FORTH IN THE HAWAII CONSTITUTION

"I do solemnly swear (or affirm) that I will support and defend the Constitution of the United States, and the Constitution of the State of Hawaii, and that I will faithfully discharge my duties as ... to best of my ability."

HCSSC's review of internal department documents reveals that the Honolulu Police Department has been administering its own "faith-based" oath of office to swear in newly appointed police officers. This unconstitutional practice has been going on for more than 10 years.

Article III of the Standards of Conduct of the Honolulu Police Department sets forth the following oath of office for police officers:

"I solemnly swear that I will faithfully support the Constitution and laws of the United States of America and the Constitution and laws of the State of Hawaii, and that I will conscientiously and impartially discharge my duties as a police officer in the police department of the City and County of Honolulu, State of Hawaii, and any and all other duties devolving upon me in connection with such office. So help me God."

Use of the phrase "so help me God" in a government-administered oath constitutes a de facto religious test. Article VI, Section III, of the Constitution of the United States, reads in part "...no religious test shall ever be required as a qualification to any office or public trust under the United States."

In TORCASO v. WATKINS, 367 U.S. 488 (1961) the United States Supreme Court ruled that use of "so help me God" in an oath of office "sets up a religious test which was designed to and, if valid, does bar every person who refuses to declare a belief in God from holding a public office of profit or trust." The Court held that any "religious test for public office unconstitutionally invades the appellant's freedom of belief and religion and therefore cannot be enforced."

Use of the unconstitutional oath of office calls into question the Honolulu Police Department's mission and commitment to integrity, respect, fairness.

The Constitution of the State of Hawaii is not a document to be dismissed or ignored by any government agency, department, or office. The Constitution supercedes all other statutes, codes, rules, and ordinances. HPD does not have the right or authority -- under any circumstances -- to embellish or otherwise detract from the EXACT wording of the Oath of Office as set forth in the Constitution.

By administering the erroneous and unconstitutional oath, HPD's credibility is called into question. The mistake may even jeopardize the constitutional authority of police officers. The transgression could affect the prosecution of cases involving officers whom HPD failed to swear-in properly under the Constitution. If challenged in court, a judge could determine that improperly sworn officers do not have the constitutional authority to execute police powers.

In letters to Police Chief Lee Donohue and Corporation Council David Arakawa, HCSSC last week demanded that the Honolulu Police Department immediately cease and desist from using the unconstitutional oath of office and the phrase "so help me God" to swear in police officers.

For more information, please contact Mitchell Kahle at hsccs@lava.net.

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