Joseph Frank McLaughlin

Joseph Francis McLaughlin (June 7, 1908 – October 25, 1962) was a United States district judge of the United States District Court for the District of Hawaii in the Territory of Hawaii.

Born in Leominster, Massachusetts, J. Frank McLaughlin grew up in Worcester, Massachusetts, graduating from Saint John's High School in 1926.

He received a Bachelor of Arts from Dartmouth College in 1930, followed by a Juris Doctor from Harvard Law School in 1933.

After graduating from a Harvard Law School, McLaughlin was in private practice in Whitinsville, Massachusetts from 1933 to 1935.

He worked for a year in the United States Justice Department in Washington, D.C. and arrived in the Territory of Hawaii in 1936.

J. Frank served as the Assistant U.S. Attorney assigned to Hilo, Hawaii, where he worked with future Hawaii Governor Ingram M. Stainback.

In 1939, McLaughlin became a judge on the former 4th Circuit territorial court in Hilo.

Following the Japanese attack on Pearl Harbor on December 7, 1941, the Territory of Hawaii was placed under martial law and the writ of Habeas Corpus was suspended, along with other court functions.

In 1942, McLaughlin was nominated by President Franklin D. Roosevelt to a seat on the United States District Court for the District of Hawaii vacated by Judge Ingram M. Stainback.

On August 20, 1942, stockbroker Harry E. White, a civilian, “unconnected with the armed forces of the United States,” was arrested for embezzlement.

He was tried and convicted by a U.S. Army judge in a military provost court and was sentenced to five years (reduced to four) in an Oahu prison.

Judge J. Frank McLaughlin granted his writ of Habeas Corpus and ordered White’s release without bond.

Judge McLaughlin argued that White was deprived of his constitutional rights under the Fifth and Sixth Amendments.

McLaughlin stated that there was no justification for suspending the Bill of Rights.

There was no military necessity that warranted White’s trial, conviction, and sentence in a military court.

But after the United States Navy’s victory in the Battle of Midway there was no threat of a land invasion by early June, 1942, preceding Harry White’s arrest.

So McLaughlin believed that there was no justification for martial law continuing in this United States Territory.

Judge McLaughlin outlined the Organic Act and how Governor Joseph Poindexter transferred powers to the army, which was beyond his powers to do.

In an unprecedented move, U.S. Army General Delos C. Emmons issued general orders prohibiting the Habeas Corpus proceedings in the federal court and threatened the United States District Court and its judges over this issue.

Citing Ex parte Milligan, Judge McLaughlin wrote in his Opinion, “War does not suspend the Constitution, or any part of it.

It is the supreme law of the land at all times.

Neither generals, governors, nor courts are exempt from its provisions at any time.”

This was later adjoined to the United States Supreme Court case, Duncan v. Kahanamoku.

Shortly after Pearl Harbor, Hawaii was put under martial law.

There were two federal judges when Hawaii was a territory — Judge Delbert Metzger and J. Frank McLaughlin.

Both judges upheld and defended the Writ of Habeas Corpus during this period.

Fred L. Spurlock, an African American civilian, was arrested by Military Police and sentenced by a military provost judge.

A writ of Habeas Court was issued and Federal Judge J. Frank McLaughlin had Spurlock released.

McLaughlin condemned the army’s sentence and trial in his written opinion.

Lt. General Robert C. Richardson Jr. threatened to jail both Judge Metzger and McLaughlin if they continued with these habeas corpus cases.

This case became a companion case to one of Judge Metzger’s cases that went to the U.S. Supreme Court.

The Supreme Court, acknowledged the facts of the case, but ultimately it was determined that their ruling wouldn’t matter because the war had ended, along with martial law.

He was confirmed by the United States Senate in 1943.

On June 1, 1948, U.S. Government officials raided and seized the Kotohira Jinsha Shrine under the Trading with the Enemy Act, and announced its sale the following year.

Representatives for Kotohira Jinsha filed a lawsuit contending that the shrine had been wrongfully seized.

Recent Harvard Law School graduate (Class of 1948) and future Hawaii Supreme Court Justice, Frank D. Padgett, argued his first case on behalf of the shrine.

The following day, Judge McLaughlin, citing the First Amendment, ruled in favor of the plaintiffs, Kotohira Jinsha.

Senator J. Howard McGrath of Rhode Island was the Attorney General of the United States appointed by President Harry Truman in 1949.

The lawsuit against the Attorney General's office became Kotohira Jinsha vs. McGrath.

The trial was held on May 17, 1950.