About 14 people jailed for alleged abuse or restraining order violations have been released from custody in the dismissal of more than 100 cases so far after a Hawaii Supreme Court ruling that some Family Court defendants were not being properly arraigned.
More may be released as dozens of additional cases still pending are dismissed.
The Dec. 18 Supreme Court decision addressed the long-standing practice in Oahu’s Family Court of holding arraignments in its District Court, then sending the cases to its Circuit Court for jury trials without holding a second arraignment there.
Family Court handles domestic violence cases, including abuse of family or household members, and protective and restraining order violations.
The ruling allows prosecutors to refile the charges, which city Prosecutor Keith Kaneshiro said he will do.
When 59 of the cases were dismissed Jan. 6, a woman who had been waiting to testify said she was concerned that cases will be delayed as prosecutors refile charges, and that defendants who are released must be found again to be served. She did not want to be identified.
The dismissals apply to misdemeanor abuse of a family or household member and protective and restraining order violation cases where the defendant demands a jury trial. Felony abuse cases are not being dismissed.
"Once the cases are dismissed, they will be released," said Dave Koga, spokesman for the Honolulu Prosecutor’s Office.
To get the defendant back into custody after a case is refiled, a subpoena or penal summons must be issued, and the person must be found and served, Koga said. It may take months and sometimes years to prosecute these cases, he said.
Judiciary spokeswoman Tammy Mori said new charges in the dismissed cases must be filed within six months. Few misdemeanor abuse defendants are in custody since most are released on bail or on their own recognizance, she said.
