Editor’s Note: The proposed 42g rule change (see first item in Judiciary news release below in yellow) will help politically connected criminals hide their past criminal convictions in order to facilitate future runs for office. Monday, September 17, is the deadline to complain >>> HERE.
Proposed Rule Changes
From Hawaii Judiciary
The Supreme Court of Hawai`i seeks your comments on recent proposed rules changes shown below. Please submit your comments in writing to the Judiciary Communications and Community Relations Office by mail to 417 South King Street, Honolulu, HI 96813, by facsimile to 539-4801, or via our on-line form
Proposal to Adopt Rule 42(g) Hawai`i Rules of Penal Procedure - SEALING RECORDS AFTER COMPLIANCE WITH DAG OR DANC TERMS & CONDITIONS OR EVIDENCE RECORD HAS BEEN EXPUNGED
Comment Deadline: September 17, 2012
Proposal to Amend Rule 2.2 of the Rules of the Circuit Courts of the State of Hawai`i - COURT RECORD SEARCH FEE
Comment Deadline: September 18, 2012
Proposal to Amend Rule 2.2 of the Rules of the District Courts of the State of Hawai`i - COURT RECORD SEARCH FEE
Comment Deadline: September 18, 2012
Proposed Amendment to Rule 2.16(f) of the Rules of the Supreme Court of the State of Hawai`i - ELECTRONIC DISPERSAL OF DISCIPLINARY ORDERS
Comment Deadline: September 25, 2012
Hawai`i Rules of Civil Procedure - NEW FORM - GARNISHEE SUMMONS AND ORDER
Comment Deadline: November 20, 2012
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SA: Judiciary proposes sealing records in plea deferral cases: The rule would make automatic a process that has to date been triggered by a request to a judge
The state Judiciary is seeking comments on a proposal that would seal court records for defendants who have their criminal cases dismissed when they plead guilty or no contest and abide by conditions similar to probation.
Defendants can obtain the dismissals under state law through what's known as deferred acceptance of a guilty or no-contest plea, a provision that gives a second chance to people unlikely to commit future crimes.
The provision is generally reserved for first-time offenders and has been applied in numerous felony and misdemeanor cases, including high-profile prosecutions such as the misdemeanor case last year against former City Councilman Rod Tam for stealing city money and violating state campaign spending laws.
Related: HRS Chapter 853