Electronically Filed
Supreme Court
SCPW-XX-XXXXXXX
19-MAY-2020
02:41 PM
SCPW-XX-XXXXXXX and SCPW-XX-XXXXXXX
IN THE SUPREME COURT OF THE STATE OF HAWAIʻI
SCPW-XX-XXXXXXX
OFFICE OF THE PUBLIC DEFENDER, Petitioner,
vs.
CLARE E. CONNORS, Attorney General of the State of Hawaiʻi;
DONALD S. GUZMAN, Prosecuting Attorney, County of Maui;
MITCHELL D. ROTH, Prosecuting Attorney, County of Hawaiʻi;
JUSTIN F. KOLLAR, Prosecuting Attorney, County of Kauaʻi;
DWIGHT K. NADAMOTO, Acting Prosecuting Attorney, City and County
of Honolulu, Respondents.
----------------------------------------------------------
SCPW-XX-XXXXXXX
STATE OF HAWAIʻI OFFICE OF THE PUBLIC DEFENDER, Petitioner,
vs.
DAVID Y. IGE, Governor, State of Hawaiʻi; NOLAN P. ESPINDA,
Director, State of Hawaiʻi Department of Public Safety;
EDMUND (FRED) K.B. HYUN, Chairperson, Hawaiʻi Paroling Authority,
Respondents.
ORIGINAL PROCEEDING
FIFTH INTERIM ORDER
(By: Recktenwald, C.J., Nakayama, McKenna, Pollack, and Wilson, JJ.)
On May 15, 2020, in response to this court’s May 4,
2020 Fourth Interim Order, Special Master Daniel R. Foley
(“Special Master”) filed his Fourth Summary Report and
Recommendations with thirteen attachments (“Fourth Interim
Report”). The Fourth Interim Report provides an update on
implementation of this court’s orders as well as other efforts,
including the parties’ agreement to engage in mediation to
explore the possibility of a mutually agreeable solution in this
matter.
This court appreciates the ongoing efforts that have
been undertaken by the Special Master, the parties, the amici,
and the many stakeholders to work collaboratively to protect
public health and public safety.
Upon consideration of the Fourth Interim Report,
including the attachments, and the record,
IT IS HEREBY ORDERED that:
1. The parties are encouraged, under the direction
of the Special Master, to continue their ongoing, collaborative
efforts to address issues in this pending consolidated
proceeding, including participating in mediation as set forth in
the Fourth Interim Report.
2
2. The Special Master shall file another summary
report with any recommendations by May 28, 2020, or earlier if
he deems appropriate. In his discretion, the Special Master may
file confidential documents under seal.
3. This court reserves its authority to order other
measures based on changed circumstances.
DATED: Honolulu, Hawaiʻi, May 19, 2020.
/s/ Mark E. Recktenwald
/s/ Paula A. Nakayama
/s/ Sabrina S. McKenna
/s/ Richard W. Pollack
/s/ Michael D. Wilson
3