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

Electronically Filed
Supreme Court
SCMF-XX-XXXXXXX
11-SEP-2020
10:27 AM
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 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., dissenting1)
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.
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A dissent by Wilson, J., is forthcoming.
Criminal proceedings have proceeded in-person and by video
conference in accordance with court rules and as feasible.
Since July 2020, however, 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. The
order expires on September 17, 2020.
Since the order was filed, the number of positive
COVID-19 cases and hospitalizations statewide has remained high.
The current public health emergency and the changing conditions
require flexibility and vigilance. The continued need to
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protect the health and safety of court users and Judiciary
personnel during this unprecedented time remains vital, thus
necessitating a further extension of the August 18, 2020 order.
Accordingly, pursuant to article VI, section 7 of the
Hawaiʻi Constitution and Hawaiʻi Revised Statutes § 602-5(a)(6),
Governor David Y. Ige’s Emergency Proclamations, and HRS § 601-
1.5,
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 is extended until October 16,
2020, unless otherwise further modified or extended.
Dated: Honolulu, Hawaiʻi, September 11, 2020.
/s/ Mark E. Recktenwald
/s/ Paula A. Nakayama
/s/ Sabrina S. McKenna
/s/ Lisa M. Ginoza
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