Question: Regarding jury duty, I thought convicted felons couldn’t serve. What changed?
Answer: A bill passed by the Legislature this year (SB911 SD1 HD1) and signed into law by Gov. Josh Green as Act 155 amended Hawaii Revised Statutes Section 612-4(b)2 to allow convicted felons to serve on juries if their state or federal felony convictions have been “finally discharged.” Before this change, which will take effect Jan. 1, only convicted felons who had been pardoned could serve.
There are about 4,900 Hawaii residents who have been convicted of felonies and served their sentences, the bill said. They could vote in elections and run for office, but not serve on juries, an exclusion the bill said made it harder to seat diverse juries and perpetuated the stigma that former inmates couldn’t fully rehabilitate.
“It is well-established that the criminal justice system has a disparate impact on people of color, including Native Hawaiians. The effect of the existing exclusion makes it more difficult to fill a jury with a diverse group of jurors,” the bill said.
The state Office of the Public Defender and the Community Alliance on Prisons testified in support of the bill, and the Hawaii State Judiciary was neutral.
The state’s annual juror questionnaire, which was mailed out Friday, was updated to reflect this change in jury duty eligibility starting in 2024.
“Finally discharged” means the person has received or is eligible to receive a certificate of discharge as described in HRS Section 831-5.
Q: Regarding the Honolulu Board of Water Supply’s authority during the housing emergency, the BWS said July 26 (808ne.ws/kline726) that “the governor’s emergency proclamation is effective to Sept. 15, 2023, and suspends select sections of State statutes but does not suspend City revised ordinances.” However, the proclamation on page 8 mentions that Chapter 46, HRS, County Organization and Administration, is suspended “to the extent necessary to allow for the construction, repair, renovation, and occupancy of housing and infrastructure projects certified under this Proclamation which suspension shall not include the minimum requirements and standards necessary for health and safety, including applicable floodplain management powers and duties necessary for National Flood Insurance Program participation, for projects certified under the Proclamation. Notwithstanding this Proclamation, counties may establish their own process or rules for ensuring that a Certified Project meets building safety standards.” This includes suspending 46-1.5(23)(A), HRS that gives the County authority to establish and maintain waterworks.
A: We forwarded your concern to the BWS, which responded through spokesperson Kathleen M. Elliott-Pahinui that its authority persists because minimum standards for health and safety are not suspended; it also mentioned a different suspended section than the one you highlighted. Here’s the full emailed response:
“The reader is correct. The Emergency Proclamation Section IV Suspension of Laws, does refer to Ch. 46 County Organization and Administration, including Section 54-19, Construction, additions, extensions, increases, betterments and improvements. However, the Proclamation does state that the suspension ‘…shall not include the minimum requirements and standards necessary for health and safety…’ In the event of insufficient water supply, the health and safety of the public could be impacted. In this case, the BWS rules and regulations, water system standards and water availability and building permit review procedures would remain applicable. Presently, there is no moratorium on the issuance of new and additional water services.”
The emergency proclamation that Green signed July 17 suspends numerous laws to streamline the development process and boost housing construction throughout Hawaii. Read the full proclamation at 808ne.ws/43BYKXG.
Auwe
Moaniani Street in front of Costco Waipio has no-parking signs yet there are cars constantly parked there. Auwe! — A reader
Mahalo
On July 24, my wife assisted our neighbor when the neighbor’s young son got sick. My wife helped with the 911 call while the mom took care of her son. The fire department and EMS were here in minutes. I’m not sure if it was the Kailua or Aikahi stations that responded. Every one of them was outstanding. I could see the concern and caring eyes, faces and actions. The child was taken to Castle hospital, with the mom accompanying. The child is home now and doing well. I extend a very large mahalo to these professionals for their service to all of us. — F.E.
Write to Kokua Line at Honolulu Star-Advertiser, 500 Ala Moana Blvd., Suite 7-500, Honolulu, HI 96813; call 808-529-4773; or email kokualine@staradvertiser.com.
