Hawaii Gov. Ige Rules Out Special Legislative Session To Fix Court’s Grand Jury Ruling
The Honolulu Prosecutor’s Office called for a special session following the Hawaii Supreme Court’s decision that invalidated the use of preliminary hearings to indict serious felons.
Gov. David Ige issued a statement Wednesday saying that he would not call the Hawaii Legislature into special session to draft a new law to reverse a recent Hawaii Supreme Court ruling that limits prosecutors’ choices when indicting serious criminals.
鈥淚鈥檝e been talking with Legislative leaders about how they want to proceed,” Ige said in the statement. “The Supreme Court has ruled that grand jury indictments must be pursued for most of the serious crimes, and there are a number of pending cases in process. Any new legislation would be prospective only, so I don鈥檛 see the sense of urgency to try to implement a change. Until we have consensus on what changes would be necessary, I believe it鈥檚 premature to talk about a special session.鈥
The Honolulu Prosecuting Attorney鈥檚 Office has asked the Legislature to convene in special session because the court鈥檚 Sept. 8 decision prevents it from initiating serious felony cases using preliminary hearings before a judge. The court ruled that a grand jury must hear each case before taking a defendant to trial and nearly 170 convicted felons were tried using the preliminary hearing process. Those cases could now be overturned, according to First Deputy Prosecutor Thomas Brady.
In , the court ruled 3-2 that requires serious felony prosecutions (murder, robbery, sexual assault) be brought via grand jury indictment. The court ruled the prosecution of Obrero was unconstitutional and that the complaint must be dismissed.
Senate President Ron Kouchi issued a statement Monday saying he has heard from all four county prosecutors about the possibility of a special session. if two-thirds of the members of both the House and Senate sign and send a petition to Kouchi and House Speaker Scott Saiki asking that the session be held.
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