Supreme Court
Civil Procedure
Oahu Publications, Inc. v. Takase, No. SCPW No. 16-0000038, December 12, 2016, (Pollack, J.). This case required the Hawaii Supreme Court to consider the procedures that Hawaii courts should follow when an individual's personal information has been included in a publicly accessible document that was filed in violation of Rule 9 of the Hawaii Court Records Rules. When personal information has been improperly included in a publicly accessible document in violation of the Haw. Ct. Rec. Rules, remedial measures must be taken to rectify the rule violation. A party who learns of improperly included personal information in its filing must take steps to effectuate the immediate sealing of the document or of its offending content and file a properly redacted version of the document. Upon receiving such a motion, the court should promptly seal the document or the content contended to be in violation of the Haw. Ct. Rec. Rules by entering an order stating the reason for the sealing, informing the public and the parties of the right to file a motion objecting to the sealing of the document, and requiring the filing of a redacted version of the document if it has not been submitted. When the court itself discovers the improper inclusion of protected personal information, it may follow similar procedures. These measures further the intent of Haw. Ct. Rec. Rules Rule 9 to protect against disclosure of sensitive personal information while also respecting the Hawaii courts' "long tradition of accessibility by the public." Oahu Publications, Inc. v. Ahn, 133 Hawaii 482, 494, 331 P.3d 460, 472 (2014). Any inability to access non-protected information in a sealed document would be short in duration because a redacted version of the document should typically be accessible concurrently with the motion to seal or filed expeditiously as provided by the court's order. The public, through the court's order, will also receive notice of the sealing and an opportunity to contest it. These procedures reflect a balanced approach to individual privacy concerns and public accessibility.
Criminal
State v. Barrios, No. SCWC-13-0000118, December 22, 2016, (Recktenwald, C.J.). William E. Barrios challenged his convictions resulting in a one hundred-year prison sentence for numerous sexual assaults on a minor. The Hawaii Supreme Court affirmed Barrios's convictions, but vacated the sentence because the circuit court did not adequately explain its reasons for imposing multiple consecutive prison terms on Barrios, and because the court appeared to use Barrios' refusal to accept guilt as an aggravating factor in imposing his sentence.
State v. King, No. SCWC-15-0000342, December 13, 2016, (Pollack, J.). The issue presented was when a person violates a trespass warning previously issued pursuant to Haw...
