Benjamin Lowenthal

Benjamin Lowenthal

Ben Lowenthal is a trial and appellate lawyer. His practice is primarily criminal defense, in which he has successfully defended cases ranging from traffic matters to attempted murder. He also has an extensive appellate practice and has appeared regularly in the Hawaii Supreme Court and the Intermediate Court of Appeals

Outside of his law practice, Ben writes a column in The Maui News called “The State of Aloha.” He also enjoys reading history and literature.

Legal Experience

Legal Experience

  • Hawaii Legal News (Founder, 2007 – )
  • The Law Office of Philip Lowenthal (2007 – present)
  • Hawaii Law Clerk  (2006 – 2007)
    Intermediate Court of Appeals Judge Corinne K. A. Watanabe

Committee Memberships

Committee Memberships

  • Special Committee to Review Hawaii Penal Code (2015)
  • Standing Committee to Review the Hawai’i Rules of Appellate Procedure (2012  – present)
  • Standing Committee on Pattern Criminal Jury Instructions (2012-present)
  • Board of Directors, Legal Aid Society of Hawai’i (2012-2015)
  • Hawai’i State Bar Association Young Lawyer Division, Maui Director, (2011- 2015)

Works Published

Works Published

  • Hawaii Legal News (Founder, 2007 – Present) – reports and editorials on opinions of the Hawai’i Supreme Court and Intermediate Court of Appeals.
  • The State of Aloha, a bi-weekly column at The Maui News.
  • “The Jurisprudence of Justice Edward H. Nakamura,” I Respectfully Dissent
    (University of Hawai’i Press 2012), an afterward from author Tom Coffman’s
    biography of Justice Edward Nakamura.
  • “State and Federal Land Use Laws,” Hawai’i Real Estate Manual co-authored with Max W. J. Graham, Jr. (2010).

Notable Cases:

Notable Cases

  • State of Hawaii v. Maamaloa Uhila (2016) – The jury acquitted Mr. Uhila of assault in the second degree.
  • State of Hawaii v. Maamaloa Uhila (2016) – The jury acquitted Mr. Uhila of attempted murder in the second degree.
  • State v. Auld (2015) – The Hawaii Supreme Court held that under the Hawaii Constitution, the accused has the right to have facts in support of a mandatory minimum sentence presented before a jury and proven beyond a reasonable doubt.
  • In re: T.M. (2014) – The Hawaii Supreme Court unanimously held that indigent parents have a right under the Hawaii Constitution to counsel in proceedings that could lead to a termination of parental rights.

Licensed to Practice In:

Licensed to Practice In

  • State of Hawaii (2006)
  • U.S. District Courts Hawaii
  • U.S. Court of Appeals, 9th Circuit

Education:

Education

  • University of Kansas School of Law,  J.D. (2006)
  • San Francisco State University, B.A., Magna Cum Laude, Journalism, (2003)