Electronically Filed
Supreme Court
SCPW-XX-XXXXXXX
13-AUG-2020
02:17 PM
SCPW-XX-XXXXXXX
IN THE SUPREME COURT OF THE STATE OF HAWAIʻI
IN THE MATTER OF INDIVIDUALS IN CUSTODY
OF THE STATE OF HAWAIʻI
ORIGINAL PROCEEDING
ORDER
(By: Recktenwald, C.J., Nakayama, McKenna, and Wilson, JJ.,
and Chief Judge Ginoza, assigned by reason of vacancy)
On August 12, 2020, the Office of the Public Defender
(“OPD”) filed a petition for extraordinary writ pursuant to HRS
§§ 602-4, 602-5(5), and 602-5(6) and/or a writ of mandamus
(“Petition”). For purposes of the Petition, Respondents shall
be designated as: (1) Nolan P. Espinda, Director of the
Department of Public Safety (“DPS”); (2) Dwight K. Nadamoto,
Acting Prosecuting Attorney, City and County of Honolulu
(“Prosecuting Attorney Nadamoto”); (3) Donald S. Guzman,
Prosecuting Attorney, County of Maui; (4) Mitchell D. Roth,
Prosecuting Attorney, County of Hawaiʻi; (5) Justin F. Kollar,
Prosecuting Attorney, County of Kauaʻi; and (6) Edmund (Fred)
K.B. Hyun, Chairperson of the Hawai‘i Paroling Authority. Upon
consideration of the Petition and the current state of the
pandemic,
IT IS HEREBY ORDERED as follows:
1. By 9:00 a.m. on Friday, August 14, 2020,
Respondents DPS and Prosecuting Attorney Nadamoto shall file an
answer to the Petition solely with respect to O‘ahu Community
Correctional Center (“OCCC”). The answer shall include the
process that should be implemented to facilitate the release of
the category of defendants requested in the Petition, should the
court allow for such release, including: the COVID-19 screening
process; the mechanism for providing the COVID-19 testing
information to the court for each defendant identified for
release; how positive, negative, and pending test results should
be handled; the expected time frame to effectuate these steps;
and any other issues that may be implicated by the requested
release.
2. A hearing will be held on Friday, August 14,
2020, at 11:00 a.m. with respect to paragraph 1 above. The
hearing will be held remotely and will be livestreamed for
public viewing via the Judiciary’s YouTube channel at
YouTube.com/hawaiicourts. Petitioner OPD and Respondents DPS
and Prosecuting Attorney Nadamoto shall appear at the hearing.
In addition to counsel, a representative from DPS shall be
available to answer any questions of the court.
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3. No later than 4:30 p.m. on Monday, August 17,
2020, all Respondents shall file an answer to the entire
Petition.
4. The clerk of the appellate court shall serve a
copy of this order upon the Respondents, as required by HRAP
Rule 21(c). Service shall be effectuated electronically and by
telephone.
DATED: Honolulu, Hawaiʻi, August 13, 2020.
/s/ Mark E. Recktenwald
/s/ Paula A. Nakayama
/s/ Sabrina S. McKenna
/s/ Michael D. Wilson
/s/ Lisa M. Ginoza
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