In re: Judiciary's Response to the COVID-19 Outbreak ( 2021 )

Electronically Filed
Supreme Court
SCMF-XX-XXXXXXX
08-FEB-2021
09:38 AM
Dkt. 93 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
FIFTH 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, McKenna, and Eddins, JJ.,
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.
1
See Concurrence and Dissent Re: Order Regarding Temporary Extension
of the Time Requirements Under Hawai‘i Rules of Penal Procedure Rule 10(a),
(b), and (c), filed on August 20, 2020.
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. Since
then, as the COVID-19 cases continued to remain high, this court
extended the provisions of the August 18, 2020 order.
Currently, the August 18, 2020 order, as extended, expires on
February 14, 2021.
The rate of positive COVID-19 cases and
hospitalizations on O‘ahu, including at OCCC, continues to
fluctuate. While the current positivity rate may appear to be
stabilizing, the pandemic conditions nevertheless continue to
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evolve, and health and safety precautions continue to remain in
place. Given the uncertainty of these conditions, flexibility
and vigilance in adapting to the extraordinary circumstances is
vital, 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, Hawai‘i Revised Statutes §§ 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 is further extended until March
31, 2021, unless otherwise further modified or extended.
Dated: Honolulu, Hawaiʻi, February 8, 2021.
/s/ Mark E. Recktenwald
/s/ Paula A. Nakayama
/s/ Sabrina S. McKenna
/s/ Todd W. Eddins
3