In re: Judiciary's Response to the COVID-19 Outbreak ( 2020 )

Electronically Filed
Supreme Court
SCMF-XX-XXXXXXX
22-DEC-2020
11:24 AM
Dkt. 81 ORD
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
ORDER EXTENDING JUNE 5, 2020 ORDER TEMPORARILY SUSPENDING IN
PART HAWAIʻI RULES OF PENAL PROCEDURE RULE 6(a)
(By: Recktenwald, C.J., Nakayama, McKenna, Wilson, and Eddins, JJ.)
On March 4, 2020, Governor David Ige declared a state
of emergency in Hawaiʻi in response to the public health threat
posed by COVID-19. In response to the declared state of
emergency, the Chief Justice issued an Order on March 16, 2020,
which, among other things, postponed non-urgent court business
in an effort to ensure the health and safety of court personnel
and users, and minimize the risk of spreading COVID-19 in the
courts.
Pursuant to the Chief Justice’s May 22, 2020 Order
Regarding Jury Trial and Grand Juries, beginning June 1, 2020,
grand jury proceedings were allowed to commence as directed by
the chief judge of the respective circuit. At that time, based
on the recommended guidelines of the Centers for Disease Control
and Prevention that social distancing be maintained, and with
limited resources, the First Circuit Court did not have the
capacity in Ka‘ahumanu Hale to place 16 grand jurors as required
under Hawaiʻi Rules of Penal Procedure Rule 6(a), as well as the
individuals required to be present while the grand jury is in
session as set forth under Hawaiʻi Rules of Penal Procedure Rule
6(d), in the same space and allow for social distancing.
Therefore, to protect the health and safety of
Judiciary personnel, jurors, and court users consistent with the
recommendations of public health authorities, while maintaining
court operations during the COVID-19 pandemic without
unnecessary delay, on June 5, 2020, this court issued its “Order
Temporarily Suspending in Part Hawai‘i Rules of Penal Procedure
Rule 6(a)”, which, as to the First Circuit, temporarily reduced
the number of members of a grand jury from 16 members to 12
members through July 31, 2020. As the positivity rate of COVID-
19 cases increased, and given the ongoing health concerns and
the continued mandate for social distancing, it was necessary to
extend the June 5, 2020 order. Currently, the June 5, 2020
order expires on December 31, 2020.
The First Circuit Court has taken significant steps to
be able to allow grand jury proceedings to resume with 12-member
grand jury panels and in compliance with social distancing
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measures. Given the current emergency orders and health
guidelines, and the continued mandate for social distancing,
which is likely to continue through 2021, it is necessary for
the 12-member grand jury panels to remain in effect to allow the
First Circuit Court to continue to hold grand jury proceedings.
Therefore, pursuant to Article VI, section 7 of the
Hawaiʻi Constitution and Hawaiʻi Revised Statutes §§ 602-5(a)(6)
and 612-27,
IT IS HEREBY ORDERED that the June 5, 2020 “Order
Temporarily Suspending in Part Hawai‘i Rules of Penal Procedure
Rule 6(a)” is further extended until June 30, 2021. This order
may be modified or extended as necessary.
Dated: Honolulu, Hawaiʻi, December 22, 2020.
/s/ Mark E. Recktenwald
/s/ Paula A. Nakayama
/s/ Sabrina S. McKenna
/s/ Michael D. Wilson
/s/ Todd W. Eddins
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