State House has consensus for special legislative session on Hawaii Supreme Court ruling
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Sep. 27—The state House of Representatives has the consensus necessary to move forward with a special session of the Legislature to address the Hawaii Supreme Court ruling that preliminary hearings are not a lawful method for charging major felonies including murder.
In a letter to Senate President Ron Kouchi and all House members obtained by the Honolulu Star-Advertiser, House Speaker Scott Saiki informed senators that over two-thirds of House members agree to convene a special session to address the State v. Obrero decision handed down by the Sept. 8.
"I have asked Representative Mark Nakashima to work with Senator Karl Rhoads to jointly propose a bill that can be acted upon, " wrote Saiki. "Moreover, to minimize immediate impact of the Hawaii Supreme Court's decision, the House proposes that the special session convene as soon as possible. I will forward a propose special session schedule for your review ...The general public wants the Judiciary and the Legislature to resolve this matter. I will work with you and the Judiciary to determine the best course of action."
A special session of the Legislature may be unilaterally convened by the governor or if two-thirds of the House and Senate agree it is needed. Last week, both Gov. David Ige and Kouchi said a.
However Kouchi told the Star-Advertiser in a statement this afternoon that now that the House has finally communicated an interest in convening a special session, he will formally re-engage with members to determine if the Senate also has the two-thirds majority needed to convene.
"Finding consensus with our House colleagues and the four county prosecutors on language for a proposed bill that will address the issues raised in State v. Obrero will be critical in determining our next steps, " said Kouchi.
In the Obrero decision, the Supreme Court justices ruled that prosecutors who fail to obtain a grand jury indictment against a suspect cannot rely on alternatives such as information charging or a preliminary hearing to file felony charges.
County prosecutors are unified in their position that public safety is put at risk by the Sept. 8 high court decision, and that nearly 400 felony cases statewide are affected. The Hawaii State Judiciary is panels in each county to deal with impacted cases created by the ruling.
