Attorney Victor Geminiani, co-executive director for the Hawaiʻi Appleseed Center for Law & Economic Justice, said that raising the rates outside of a legal settlement will not make the lawsuit go away.

Geminiani, whose firm served as co-counsel with Alston Hunt Floyd & Ing on the case, contends the higher rates proposed in the old settlement are still insufficient. If the rate had kept pace with inflation, the lawsuit says, it would have nearly doubled to $950 per month between 1990 and 2014.

“They’re adjusting the rates because they have two problems: No. 1, they’re totally out of compliance with the law and have been,” Geminiani said, “and No. 2, they’re having a hard time attracting and retaining foster parents. Raising the rates now is not going to change the lawsuit. It’s going to continue.”

He rejects the administration’s explanation that the funding increase stems from a periodic review of the rates.

“Oh, come on. Since 1990 they did nothing and all of a sudden because a lawsuit is brought, now it’s, ‘We’re going to comply with all of the requirements we have under the law’? It’s a joke,” he said. “And the judge will see that.”

Still, he said he’s hopeful the case can be settled.

“But we have not gotten any indication that the House Finance (chairwoman) is interested in revisiting the issue again this legislative session,” Geminiani said. “We’re ready to litigate.”

Luke did not respond to requests for comment.

Geminiani said he believes Luke is trying to send a message that the state can’t be sued.

“As a lawyer, she should understand the issue of the state being out of compliance with the law. … They’d like to stall because they’d like to make it less attractive for anybody to ultimately sue the state.”