Cases

The Law Center objected to the proposed sealing of exhibits to a motion to compel discovery in United States v. Leong, 21-CR-142 LEK.  In the motion to seal, Defendant Roy Amemiya claimed that two exhibits should not be disclosed because of a blanket protective order in the case.  The Law Center’s objection was filed under 22-MC-347. […]

In 2018, the Law Center learned more about the State Judiciary’s use of a confidential flag.  The confidential flag seals the entire case from public view, including the names of the parties, the docket, and the identities of counsel.  Subsequent motions to unseal in specific cases raised questions about whether these cases generally deserved this […]

During the COVID-19 pandemic, a group of incarcerated individuals alleged that conditions within Hawai`i prisons were contributing to disease outbreaks.  The parties settled when the Department of Public Safety agreed to permit an independent panel to review the facilities and provide guidance and recommendations.  The monitoring panel produced six reports from October 2021 to March […]

On May 18, 2022, Thyssenkrupp Elevator Corporation filed a complaint against AOAO Harbor Lights on Maui demanding over $100,000 in damages for a contract claim.  The exact nature of the dispute, however, is unknown because the complaint was filed under seal without any prior order of the circuit court that explained the reason for the […]

The Law Center moved to unseal search warrants related to the indictment filed in United States v. Michael J. Miske, Jr., et al., 19-CR-99 DKW-KJM.  Search warrants typically are withheld from the public before an indictment is filed so that potential targets cannot prematurely learn about the criminal investigation and destroy evidence or flee the jurisdiction. […]

The Law Center moved to unseal the sentencing statements and memoranda filed in United States v. Jamie Kalani English, 22-CR-12 SOM RT and in United States v. Ty J. K. Cullen, 22-CR-13 SOM RT.  The statements should have the Defendants’ positions regarding sentencing disputes after the former legislators pleaded guilty to honest services wire fraud […]

The Law Center moved to unseal the Government’s sentencing memorandum in United States v. Arthur Brun, 20-CR-24 DKW RT.  The memorandum should state the Government’s position regarding sentencing for Defendant Brun, a former Kauai councilmember who pleaded guilty to multiple drug-related charges.  The case was assigned to Judge Derrick K. Watson.  The Law Center’s motion […]

The Law Center moved to unseal Defendant Daniel Seller’s sentencing memorandum and a motion by the Government filed under seal in United States v. Sellers, 19-CR-3 JMS RT.  In response, the Government argued that pretrial publicity from the disclosure would prejudice the imminent trial in United States v. Puana, 19-CR-15 JMS WRP, in which Daniel […]

Online publication Civil Beat challenged the County of Maui’s refusal to disclose arbitration decisions regarding Maui Police Department employees. In response to similar requests, every other county police department disclosed responsive arbitration decisions. Contrary to Hawai`i Supreme Court precedent regarding police disciplinary files, Maui insisted that some unspecified number of decisions must be withheld in their […]

The Law Center objected to the parties’ effort to authorize sealing of court records as part of a proposed protective order for discovery purposes in United States v. Leong, 21-CR-142 LEK-WRP.  In accordance with long-standing U.S. Supreme Court and Ninth Circuit precedent, the Law Center requested that the Court require a proper motion to seal […]