Courts in Hawaii getting creative to keep some cases moving

Like every other phase of society, the state and federal courts have been forced to make adjustments as a result of the coronavirus outbreak.

Many of the courts’ functions, including most criminal trials, are on hold because of the strict mandates involving social gatherings during the pandemic. But COVID-19 outbreak or not, urgent and time-sensitive judicial matters need to keep functioning.

They run the gamut of court proceedings from preliminary hearings for in-custody defendants to requests for temporary restraining orders, extraditions and motions to remove a child from family supervision and placement in foster custody.

“These are unprecedented times, and the Judiciary has responded to the limitations necessitated by the COVID-19 pandemic,” Hawaii Chief Justice Mark Recktenwald said. “The safety of our staff and the people we serve is of paramount importance.”

Some state courthouses have closed entirely through April 30, including the Ewa, Kaneohe, Wahiawa and Waianae district courts, as well the Traffic Violations Bureau and Legal Documents Branch of Honolulu District Court on Alakea Street.

In one remarkable example of cooperation and “making due with what you’ve got,” the first-floor conference room at the Honolulu Police Department’s South Beretania Street headquarters has been converted into a makeshift District Court courtroom for in-custody defendants being held at the police cellblock one floor below. The defendants appear via teleconference from a room next to the cellblock.

Other state courts — including all the circuit courts and neighbor island courts — are operating at a reduced level and open only to those there on an official basis.

The three categories of official basis are parties, attorneys, witnesses, domestic violence advocates, guardians at litem, interpreters or others who must appear in person as authorized by previous orders; individuals who need to file documents with the court and are unable to file electronically; and those who request to watch a specific public proceeding.

Even then, those entering the courthouses are instructed to minimize their time inside the buildings as much as possible to minimize the potential spread of COVID-19.

At 1st Circuit Court, which covers Oahu only, a myriad of typical state court proceedings have been postponed until after April 30. They include all jury and nonjury trials, grand jury panels, most criminal and traffic cases, treatment courts (including Drug Court, Mental Health Court and Veterans Treatment Court) and HOPE probation face-to-face hearings (except essential hearings).

Parties will be notified of future hearing dates, state Judiciary Communications Director Jan Kagehiro said.

Most Family Court proceedings, except for critical hearings, are postponed until after April 30. They include hearings for divorce, paternity, guardianships (excluding emergency cases), adoptions and Child Welfare Services matters.

For more details, including outbreak-time procedures outside Oahu, go to the Judiciary’s COVID-19 information web page, bit.ly/HIJudCovid19.

A number of other civil matters that can be conducted remotely continue to be heard. “I encourage attorneys and parties in Circuit Court civil cases to coordinate with the presiding judge in their case to conduct remote hearings, convert hearing motions to nonhearing motions or make other arrangements where appropriate, ” Reckentwald said.

Recktenwald added, “We are closely monitoring this rapidly evolving situation and will reassess what’s possible while maintaining due process.”

Kagehiro said the percentage of Judiciary employees teleworking, on average, ranges from 60% to 70%, “depending on daily demands to fulfill essential court functions.”

At Hawaii’s sole U.S. District Court, Chief U.S. District Judge J. Michael Seabright has also instituted significant policies aimed at reducing the potential for spread of the new coronavirus.

All civil and criminal trials scheduled to start between March 17 and May 3 before any district or magistrate judge have been continued, according to an order issued by Seabright.

All civil hearings, including settlement conferences scheduled for March 17 to May 3, are either being conducted telephonically or are being taken off the court’s calendar. It’s up to individual judges to decide whether a hearing in any particular civil matter is essential and requires parties to appear in court.

Some criminal cases are being postponed until after May 3, including most hearings for plea changes and sentencings. The sentencing of Louis and Katherine Kea­loha and two co-defendants had been scheduled for March 17 but is now postponed indefinitely.

What’s still happening are essential criminal court matters, including initial appearances, arraignments, detention hearings and other time-sensitive matters normally handled by magistrate judges.

A trial that began before March 17 can proceed, although much of it is being done via electronic communications.

The Halekauwila Street courthouse itself is closed to the public through May 3, although accommodations are being made for the public and the media for proceedings normally open to the public.

In an unprecedented policy shift, the media and the public are now allowed, “to the extent practicable” according to the order, to dial in and listen to civil and criminal hearings taking place via toll-free teleconference lines, provided those hearings are normally open to the public. In the past, only attorneys could appear telephonically.

The public and media can still attend remaining in-court hearings that normally would be open. But arrangements need to be made in advance, and seating in courtrooms will be limited to what’s allowed to maintain social distancing.

“We attempted to find the appropriate balance between protecting the safety of the public and court employees and the right to access the courts, and we think we found a fair balance under the circumstances,” Seabright told the Honolulu Star-Advertiser.

Most District Court employees are largely teleworking. A skeletal staff remains at the courthouse to handle filings that may be done by paper, although most filings are now done electronically, Seabright said.

For more information, go to hid.uscourts.gov.