Rosemary T. Fazio (1949–2023)
In Memoriam

Rosemary T. Fazio practiced with Ashford & Wriston from 1978 until her passing on November 7, 2023.

She was born in Yonkers, New York on October 3, 1949, and devoted her entire legal career—more than four decades—to the firm she loved. As her obituary notes, “Rosemary proudly devoted her entire legal career to the Ashford and Wriston law firm where she was a partner for more than 30 years.”

She is remembered by her colleagues as a brilliant lawyer, a tireless mentor, and a person of extraordinary integrity, generosity, and warmth. Her contributions to the firm, the legal profession, and the community will endure.

Rosemary’s practice focused on real property and complex commercial litigation, arbitration, and mediation. She represented landowners in multi‑million‑dollar valuation matters, including condemnation, rent renegotiation, lease‑to‑fee conversion, partition, and real estate tax appeals. She also represented the dissenting minority shareholder of one of Hawai‘i’s largest corporations and handled cases of first impression involving recovery of delay damages in condemnation actions.

Professional Activities:

Rosemary was deeply engaged in the legal community. She lectured widely on real estate, alternative dispute resolution, and legal ethics. She chaired the State Judicial Selection Commission (2003–2009) and served as secretary to the Hawai‘i Federal Judicial Selection Committee. She was appointed by the Hawai‘i Supreme Court to the Attorney Disciplinary Board (serving nine years, including as Vice‑Chair and Chair of the Opinions Committee) and later to the Hawai‘i Judicial Performance Committee.

Rosemary also served as a director of the Alumni Association of the University of Hawai‘i School of Law and the Friends of the Law School. She was appointed as the Lawyer Representative to the U.S. Court of Appeals for the Ninth Circuit Judicial Conference and was inducted into Lambda Alpha International, serving as president of the Hawai‘i chapter.

Professional Recognition:

Rosemary was widely recognized as one of Hawai‘i’s leading real property litigators. She was listed in The Best Lawyers in America every year from 1995 through 2023. Her obituary notes: “She was named as one of the best lawyers in Hawaii… every year from 1995 through 2023 in ‘The Best Lawyers in America.’”

She received the HSBA Ki‘e Ki‘e Award in 2023 for outstanding pro bono service, and the U.S. President’s Volunteer Service Award in 2020, 2021, and 2022 for her volunteer work at Kaneohe Marine Corps Base Hawai‘i. She also earned the Martindale‑Hubbell® AV Preeminent™ rating and numerous other distinctions, including “Lawyer of the Year” in Eminent Domain and Condemnation.

Community Activities:

Rosemary was committed to public service. She served on the Board of Trustees of the Historic Hawai‘i Foundation and previously served on the boards of Hawai‘i Public Radio (including three years as Chair), the Waikiki Improvement Association, Child & Family Services, the YWCA (East O‘ahu), and The Outdoor Circle.

She was also a longtime member of the Rotary Club of Honolulu Sunrise and the Honolulu Elks Lodge 616.

Outside the law, Rosemary loved hiking, camping, backpacking, running the Honolulu Marathon more than 25 times, traveling the world, and caring for animals, especially golden retrievers. She treasured living in Hawaii—its people, culture, natural beauty and warm weather.

Reported Cases:

• County of Kauai v. Hanalei River Holdings Limited, 137 Haw. 471, 375 P.3d 250 (2017)
• Queen Emma Foundation v. Tatibouet, 123 Haw. 500, 236 P.3d 1236 (App. Ct. 2010)
• Krystoff v. Kalama Land Co., Ltd., 88 Haw. 209, 965 P.2d 142 (App.Ct. 1998)
• Excelsior Lodge No. One, Independent Order of Odd Fellows v. Eyecor, Ltd., 74 Haw. 210, 847 P.2d 652 (1992)
• Gerner v. Trustees Under Will and of Estate of Campbell, 72 Haw. 4, 803 P.2d 199 (1990)
• Hawaii Housing Authority v. Midkiff, 69 Haw. 247, 739 P.2d 248 (1987)
• Hawaii Housing Authority v. Lyman, 68 Haw. 55, 704 P.2d 888 (1985)
• Maui Land and Pineapple Co., Inc. v. Dillingham Corp., 67 Haw. 4, 674 P.2d 390 (1984)
• Hawaii Housing Authority v. Midkiff, 467 U.S. 229, 104 S.Ct. 2321, 81 L.Ed.2d 186 (1984)
• Burgert v. Lokelani Bernice Pauahi Bishop Trust, 200 F.3d 661 (9th Cir. 2000)
• Walsh v. Centeio, 692 F.2d 1239 (9th Cir. 1982)