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

Electronically Filed
Supreme Court
SCMF-XX-XXXXXXX
16-DEC-2021
08:18 AM
Dkt. 167 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 FURTHER EXTENDING JUNE 5, 2020 ORDER TEMPORARILY
SUSPENDING IN PART HAWAIʻI RULES OF PENAL PROCEDURE RULE 6(a)
(CIRCUIT COURT OF THE FIRST CIRCUIT)
(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 recommended health and safety guidelines that physical
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 physical 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 the ongoing health concerns and the
continued mandate for physical distancing remained in place, it
was necessary to extend the June 5, 2020 order. Currently, the
June 5, 2020 order expires on December 31, 2021.
The First Circuit Court has taken significant steps to
be able to allow grand jury proceedings to resume with 12-member
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grand jury panels and in compliance with physical distancing
measures. Given the fluidity of pandemic conditions and the
recent emergence of the Omicron variant, current emergency
orders and health and safety guidelines in place, and continued
guidance regarding physical distancing, 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, 2022. This order
may be modified or extended as necessary.
Dated: Honolulu, Hawaiʻi, December 16, 2021.
/s/ Mark E. Recktenwald
/s/ Paula A. Nakayama
/s/ Sabrina S. McKenna
/s/ Michael D. Wilson
/s/ Todd W. Eddins
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