Electronically Filed
Supreme Court
SCPW-XX-XXXXXXX
05-JUN-2020
12:21 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.
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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
ORDER CONCLUDING MATTERS IN THIS CONSOLIDATED PROCEEDING
(By: Recktenwald, C.J., Nakayama, McKenna, and Pollack, JJ.,
with Wilson, J., dissenting)
On May 28, 2020, Special Master Daniel R. Foley
(“Special Master”) filed his Fifth Summary Report and
Recommendations with five exhibits (“Fifth Summary Report”).
The Fifth Summary Report provides an update on implementation of
this court’s orders as well as other efforts and progress in
this consolidated proceeding. Upon consideration of the Fifth
Summary Report, including the exhibits, and the record, we note
and conclude that:
(1) In late March, in the early days of the
unprecedented public health emergency, the Office of the Public
Defender (“OPD”) sought emergency action by this court to
address the threat of the COVID-19 pandemic on inmates and staff
at Hawai‘i’s correctional centers and facilities. At the time,
the potential catastrophic impact of the pandemic on our State,
the community, our citizens, and our correctional centers and
facilities was not determinable. There were lockdowns across
the nation, the death toll was rising, and numerous other states
had taken steps towards releasing inmates from correctional
facilities. In response to the petitions for emergency action
resulting from the pandemic, this court declined to order a
blanket release of certain categories of inmates and, instead,
appointed a Special Master to work with the parties in a
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collaborative and expeditious manner to address the issues
raised in the two petitions and to facilitate a resolution while
protecting public health and public safety. As part of the
process, this court instituted procedures for expedited
consideration by the courts of individual release motions, which
included an opportunity for objection to the release based on
public safety and other considerations. Today, although the
pandemic continues, the rate of new infections in Hawai‘i remains
at very low levels.
(2) Much of the urgent relief requested in the two
petitions has been addressed. All of the OPD motions for early
release filed pursuant to this Court’s April 15, 2020 order were
adjudicated by April 28, 2020.
(3) For inmates who were released, whether pursuant
to this expedited review process or otherwise, the State
continues to have the option of filing individual motions
seeking to modify the release status of any defendant.
Similarly, the OPD or defense counsel may file individual
motions seeking the release of any inmate.
(4) Further issues regarding inmate populations at
correctional facilities may be addressed through alternative
means, including collaboration with the Hawai‘i Correctional
Systems Oversight Commission, which was established by the
Hawai‘i State Legislature pursuant to Act 179, Session Laws
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Hawai‘i 2019, to, among other things, establish maximum inmate
population limits for each correctional facility and formulate
policies and procedures to prevent the inmate population from
exceeding the capacity of each correctional facility.
This court extends its deep appreciation to the
Special Master for working on this matter during this difficult
and unprecedented time, as well as the efforts that have been
undertaken by the parties, the amici, and the many stakeholders
in this consolidated proceeding.
Accordingly,
IT IS HEREBY ORDERED that this consolidated proceeding
is concluded. As a result, the service of the Special Master is
completed as of the date of this order. This order constitutes
the final order of this consolidated proceeding.
DATED: Honolulu, Hawaiʻi, June 5, 2020.
/s/ Mark E. Recktenwald
/s/ Paula A. Nakayama
/s/ Sabrina S. McKenna
/s/ Richard W. Pollack
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