Electronically Filed
Supreme Court
SCMF-XX-XXXXXXX
05-OCT-2020
12:01 PM
SCMF-XX-XXXXXXX
IN THE SUPREME COURT OF THE STATE OF HAWAIʻI
In the Matter of the Judiciary’s Response
to the COVID-19 Outbreak
SECOND EXTENSION OF ORDER REGARDING
TEMPORARY EXTENSION OF THE TIME REQUIREMENTS UNDER
HAWAIʻI RULES OF PENAL PROCEDURE RULE 10(a), (b), and (c)
(By: Recktenwald, C.J., Nakayama, and McKenna, JJ.,
and Chief Judge Ginoza, assigned by reason of vacancy,
with Wilson, J., concurring and dissenting 1)
The COVID-19 pandemic has caused a public health
emergency. In response to the pandemic, the Judiciary postponed
non-urgent court business and limited in-person proceedings in
an effort to ensure the health and safety of court users and
Judiciary personnel, and to minimize the risk of spreading
COVID-19 in the courts. As COVID-19 cases remained low, court
operations resumed in accordance with public health safety
guidance, and to the extent possible with available resources.
Criminal proceedings have proceeded in-person and by video
conference in accordance with court rules and as feasible.
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A concurrence and dissent by Wilson, J., is forthcoming.
In July 2020, there was a surge of COVID-19 cases in
Hawai‘i, with record numbers of positive cases and increased
hospitalizations being reported. There was also a surge of
COVID-19 cases in our community correctional centers and
facilities, particularly at the O‘ahu Community Correctional
Center (“OCCC”). As a result, additional time was required to
be afforded for arraignments in order to give sufficient
opportunity for those released from OCCC to self-isolate or
quarantine for possible COVID-19 exposure as necessary and to
ensure the health and safety of court users and personnel.
Thus, on August 18, 2020, this court entered the
“Order Regarding Temporary Extension of the Time Requirements
Under Hawai‘i Rules of Penal Procedure Rule 10(a), (b), and (c),”
which provided that the first circuit may temporarily extend the
time requirements for arraignments no longer than reasonably
necessary to protect public health and safety, while encouraging
judges to utilize remote technology whenever possible. As the
COVID-19 cases continued to remain high, this court extended the
provisions of the August 18, 2020 order pursuant to the
September 11, 2020 “Order Extending Order Regarding Temporary
Extension of the Time Requirements Under Hawai‘i Rules of Penal
Procedure Rule 10(a), (b), and (c).” The order expires on
October 16, 2020.
Since the September 11, 2020 order was filed, the rate
of positive COVID-19 cases and hospitalizations on O‘ahu,
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including at OCCC, continues to fluctuate. There has also been
an exponential and unparalleled number of citations issued for
Hawaiʻi Revised Statutes (“HRS”) ch. 127A violations. These
changing conditions require flexibility and vigilance, and the
continued need to protect the health and safety of court users
and Judiciary personnel during this unprecedented time remains
paramount. Thus, a further extension of the August 18, 2020
order for first circuit criminal matters is necessary.
Accordingly, pursuant to article VI, section 7 of the
Hawaiʻi Constitution, HRS §§ 601-1.5 and 602-5(a)(6), and
Governor David Y. Ige’s Emergency Proclamations,
IT IS HEREBY ORDERED that the August 18, 2020 “Order
Regarding Temporary Extension of the Time Requirements Under
Hawai‘i Rules of Penal Procedure Rule 10(a), (b), and (c)” for
first circuit criminal matters, which was extended pursuant to
the September 11, 2020 “Order Extending Order Regarding
Temporary Extension of the Time Requirements Under Hawai‘i Rules
of Penal Procedure Rule 10(a), (b), and (c),” is further
extended until November 16, 2020, unless otherwise further
modified or extended.
Dated: Honolulu, Hawaiʻi, October 5, 2020.
/s/ Mark E. Recktenwald
/s/ Paula A. Nakayama
/s/ Sabrina S. McKenna
/s/ Lisa M. Ginoza
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