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SP. No. I DSD-20-
IN THE DISTRICT COURT OF THE FIRST CIRCUIT
STATE OF HAWAI'I In the Matter of thc
DISTRICT COURT OF THE FIRST
THE^ CIRCUIT'S COVID-I9^ ADDITIONAL RESPONSE^ TO
OUTBREAK
THIRD AMENDED EMERGENCY
ORDER REGARDING THE DISTRICT
COURT OF THE FIRST CIRCUIT'S
ADDITIONAL RESPONSE TO THE
COVID-19 OUTBREAK; EXHIBITS l-
) ) ) ) ) ) ) ) ) ) ) )
THIRD AMENDED EMERGENCY ORDER REGARDING THE DISTRICT COURT
OF THE FIRST CIRCUIT'S ADDITIONAL RESPONSE TO THE COVID.I9 OUTBREAK
This matter comes before the Court in light ofthe public health ernergency in the
State of Hawai'i. Pursuant to the Orders of Chief Justice Mark E. Recktenwald (^) filed March 16, 2020, April 17,2020, April 24, 2020, April 27,202O,May 22,2020, and May 28, 2O20, in
SCMF No. 20-0000152, In re the Judtctary's Response to the COVID-|9 Outbreak; Chief Judge
R. Mark Browning's Third Amended Emergency Order #5 Regarding District Court of the First
Circuit filed^ in SP No. I CSP-20-0000082, In re the Circuit Court of the First Circuit's Response
to the COVID-|9 Outbreak, on May 28, 2020; and with authority as Deputy Chief Judge of the
District Court of the First Circuit, State of Hawai'i, the Court hereby orders the following:
I
Electronically Filed
FIRST CIRCUIT
1DSD-20-
08-JUN-
09:29 AM
")
All District Court Courthouses (^) Shall Re-Open for Services to the public l. (^) The Kdne'ohe District Court, the 'Ewa District Court, the Wahiawd
District Court, and the Wai'anae District Court shall re-open to the public on June 8, 2020.
- Throughout the COVID-19 (^) outbreak, services to the public have been
available at the Honolulu District court Information Booth. The Information Booth shall
continue to provide services to the public. The Information Booth is located on the plaza,
outside the entrance (^) to the courthouse. (^) Due to its location, the public may obtain (^) services there without standing in (^) the lines desigrated for security screening and/or the elevators.
- The Traflic Violations (^) Bureau and Legal Documents Branch on the
second and third floors ofthe Honolulu District court shall re-open to the public on June g,
- Self-represented (^) litigants (i.e., people without attomeys) seeking legal
advice in landlord-tenant and other district court matters may request telephonic assistance
through the Honolulu (^) Access to Justice Room. Hours: Monday, Wednesday, and Friday (^) between 9:00 a.m. to l:00 p.m. Telephone number: (808) 538-
Cost: Free
The Honolulu District Court (^) Service Center will refer calls to the Honolulu (^) Access to Justice
Room. In-person appointments at the Honolulu Access to Justice Room are not currently
available. More information (^) about the Access (^) to Justice Room is attached as Exhibit l.
Electronic Filine Services Shall Continue to be Made Available to the Public
- (^) Petitions for Temporary Restraining Orders shall be filed electronically, to the (^) extent possible.
distancing is taken into account, the maximum capacity (^) ofeach ofthese courtrooms is significantly reduced.
- Throughout (^) the COVID-I9 outbreak, the Honolulu District Court remained open for essential in-court proceedings. These proceedings included: a. Criminal felony cases; b. (^) Criminal misdemeanor and petty misderneanor cases (^) involving defendants in (^) the custody of the Oahu Community Correctional
Center (OCCC),^ the Hawai'i State Hospital (HSH), and/or the
Honolulu Police Department (HPD); c. Criminal traffic misdemeanor (^) and petty misdemeanor cases
involving defendants in the custody of OCCC, HSH, and/or HPD;
d. (^) Cases on (^) the mental health calendar involving hearings under Hawai'i Revised Statutes (Haw. Rev. Stat.) Chapter 704 on (l) Orders for Ternporary Hospitalization; (2)^ Motions to Revoke Conditional Release; and (3)^ other essential hearings; e. Cases involving temporary restraining orders (TROs) (^) and injunctions under Haw. Rev. Stat. (^) $ 604-10.5; and f. (^) Cases involving TROs (^) and injunctions based on illegal lockouts
and utility shutoffs.
These essential court proceedings shall continue to be heard at the Honolulu District Court. For
TRO cases (^) filed between June l, 2020, and June 30, 2020, no more than five (5) (^) cases shall be
set during any court session, without prior approval of the Deputy ChiefJudge.
4
- During the COVID-I9 (^) outbreak, the District (^) Court worked with numerous
stakeholders to facilitate court proceedings via video conferencing in cases involving custody
defendants. To the extent possible, video conferencing shall continue to be used for cases
involving defendants currently in the custody of HPD, OCCC, and/or HSH.
1 1. In-person proceedings (^) in criminal misdemeanor, criminal petty
misdemeanor, traffic misdemeanor, and traffic petty misdemeanor cases involving defendants
who are not in the custody of (^) occc, HSH, and/or HPD will (^) be postponed (^) until after June 30,
a. Remote hearings (^) for status conferences, change (^) ofplea, and demand or waiver ofjury (^) trial proceedings (^) are cunently being explored. b. Individuals (^) with pending anaignment dates in criminal
misdemeanor, criminal petty misdaneanor, traffic misdemeanor, and traffic petty misdemeanor
cases who cannot afford to hire (^) an attomey may contact the office (^) of the Public Defender for possible legal representation prior to their (^) court dates. Individuals will (^) still need to go through a
qualification process based on their financial situation to qualify for services. Intake
appointments are (^) currently available by telephone only.
Hours: Monday through Friday, 7:45 a.m. to 4:30 p,m.
Telephone: (808) 586-
Cost: Free
The Office of the Public Defender does not provide legal services in civil cases.
- Effective (^) June l, 2020, in-person hearings (^) for DWI Court shall resume. To the extent possible, remote hearings shall (^) be utilized.
5
unit" as set forth in Govemor David Y. Ige's Eighth Supplementary Proclamation Related to
COVID-19 Emergency (dated May 18, 2020 and effective to June 30, 2020).
- Effective June 8, 2020, civil pretrial conferences shall resume. To the
extent possible, remote hearings shall be utilized. In the event a case on the pretrial calendar
seeks "to terminate any tenancy for a residential dwelling unit, for failure to pay all or any
portion of the rent, maintenance fees, utility charges, taxes, or other fees" as set forth in
Govemor David Y. Ige's Eighth Supplementary Proclamation Related to the COVID-I
Emergency (dated May 18, 2020), the presidingjudge shall (i) reschedule the retumable hearing
to a date after (^) June 30,2020, if the Complaint was filed on or before April16,2020, (i.e., prior
to the effective date of Govemor David Y. Ige's Fifth Supplementary Proclamation Related to
the COVID-19 Emergency dated April 16, 2020), or (ii) dismiss (^) the case if the Complaint was filed on or after (^) Apnl (^17) ,2020. a. Appearances at pretrial (^) conferences for the sole purpose of requesting continuances are strongly discouraged, (^) Instead, parties
should file stipulations to continue or motions to continue in
accordance with^ the District Court Rules of Civil Procedure.
b. Appearances at pretrial conferences for the sole purpose (^) of dismissing a claim or counterclaim are strongly discouraged. Instead, parties should file stipulations for dismissal, notices of
dismissal. or motions to dismiss in accordance with the District
Court Rules of Civil Procedure.
- Effective (^) June 8, 2020, civil settlement conferences shall resume. To the
extent possible,^ ranote hearings shall be utilized.
7
l'7. Effective (^) June 15, 2020, the regular claims answer calendar at the
Honolulu District Court shall resume. Under the District Court Rules of Civil Procedure,
Plaintiffs are not required to appear at answer. Defendants may file written answers rather than
appearing in court. Written answers must be served on all parties and filed within the time
periods set forth in the District Court Rules of Civil Procedure.
a. Answers cunently scheduled (^) in the Honolulu District Court for the week ofJune l-5,2020, will (^) be rescheduled to dates approximately
8 weeks later. Appearance times may be staggered by the Court.
b. Answers (^) cunently scheduled in the Honolulu District Court for the week ofJune 8-12,2020, will be rescheduled (^) to dates
approximately 8 weeks later. Appearance times may be staggered
by the Court.
- Effective Jtne 22,2020, the retumable calendar at the Honolulu (^) District
Court shall resume only for the purpose of answering any complaint for summary possession
and/or ejectment and for scheduling civil pretrial conferences regarding any complaint for
su rmary possession and/or ejectment. Under the District Court Rules of Civil Procedure,
Plaintiffs in summary possession and ejectment cases are not required to appear at retumable
hearings. Defendants in summary possession and ejectment cases may file written answers or
general denials in lieu of in-person appearances at retumable hearings. Written answers or
general denials must be served on all parties and filed within the time periods set forth in the
District Court Rules of Civil Procedure. In the event a case on the retumable calendar seeks "to
terminate any tenancy for a residential (^) dwelling unit, for failure to pay (^) all or any portion of the
rent, maintenance fees, utility charges, taxes, or other fees" as set forth in Govemor David Y.
8
b Retumable hearings currently scheduled in the Honolulu District
Court for the week ofJune 8-12,2020, will be rescheduled for the
week ofJune 29-July 2,2020, or soon thereafter. Appearance
times may be staggered by the Court. In the event a case on the
returnable calendar seeks "to terminate any tenancy for a
residential dwelling unit, for failure to pay all or any portion of the
rent, maintenance fees, utility charges, taxes, or other fees" as set
forth in Govemor David Y. Ige's Eighth Supplernentary
Proclamation Related to the COVID-l9 Emergency (dated May
I 8, 2020), the presiding judge^ shall (i) reschedule the retumable
hearing to a date after June 30,2020, if the Complaint was filed on or before April 16, 2020, (i.e., prior to (^) the effective date of
Govemor David Y. Ige's Fifth Supplementary Proclamation
Related to the COVID-19 (^) Emergency dated April 16, 2020), or (ii) dismiss the case if the Complaint (^) was filed on or after April 17,
Retumable hearings currently scheduled in the Honolulu District
Court for the week ofJune 15-19,2020, will be rescheduled (^) for the
week ofJuly 6-10,2020, or soon thereafter. Appearance times
may be staggered by the Court. In the event a case on the
refumable calendar seeks "to terminate any tenancy for a
residential dwelling unit, for failure to pay all or any portion ofthe
rent, maintenance fees, utility charges, taxes, or other fees" as set
l
c.
forth in Govemor David Y. Ige's Eighth Supplementary
Proclamation Related to the COVID-I9 Emergency (dated May
18,2020), the presiding judge^ shall (i) reschedule the retumable
hearing to a date after June 30,2020, if the (^) Complaint was filed on or before April 16, 2020, (i.e.,^ prior to the effective date of
Govemor David Y. Ige's Fifth Supplanentary Proclamation
Related to the COVID-I9 Emergency (^) dated April 16, 2020), or (ii) dismiss the case if the Complaint was filed on or after April 17,
Non-hearing motions to advance retumable hearings (^) in cases based on
alleged non-monetary breach involving violence, threats ofviolence, illegal activity, and/or
safety and health violations may be filed upon written notice to all parties. Retumable hearings
will not (^) be advanced to any date prior (^) to June 22, 2020.
- Parties in summary possession and ejectment cases are encouraged to mediate their disputes prior to the retumable hearing, (^) if possible. (^) Free mediation services in landlord-tenant cases are currently available through the Mediation Center (^) of the Pacific, lnc. Hours: Monday through Friday, 8:30 a.m. to l:30 p.m.
Telephone: (800 52f-
Cost: Free More information about the Rapid Response (^) Landlord-Tenant Mediation is attached as Exhibit
Effective June 22,2020, the civil (^) motions calendar at the Honolulu
District Court shall resume. To the extent possible, rernote hearings shall be utilized.
l
- Effective July 6,2020, civil cases at the Kdne'ohe (^) District Court, the'Ewa
District Court, the Wahiawd District Court, and the Wai'anae District Court shall resume. To the
extent possible, remote hearings shall be utilized. a. Cases currently scheduled at the Kene'ohe District Court, the 'Ewa
District Court, the WahiawE District Court, and the Wai'anae
Dishict Court on dates prior to July 6,2020, will be rescheduled to
dates approximately 8 weeks later. Appearance times may be
staggered (^) by the Court. b. Some cases currently scheduled at the Kdne'ohe District Court, the
'Ewa District Court, the Wahiawd District Court, and the Wai'anae
District Court on or after July 6, 2020 may also be rescheduled due
to staffing and social distancing requirements. Appearance times may be staggered by the (^) Court.
- While court proceedings remain open to the public, judges^ and court (^) staff
shall encourage persons present^ in the courtroom to be mindful of the need for social distancing.
At times, this means that people may be required to wait outside the courtroom until their cases
are called. Priority shall be given to the parties and attomeys whose cases are being heard.
IT IS SO ORDERED.
DATED: Honolulu, Hawai'i, June 8, 2020.
/1""2-*-l>-
Melanie Deputy May
Circuit Court,ChiefJudge, State of Hawai'iDistrict^ Court^ of^ the^ First
l
BI
LEGAL AID i
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M&ling Addr6! T.lcphonc.P.o Box37375.^ (t06)^ 516-1102 tlonolulu.^. f.rH.*!ii^ (808) 96817.0175^ 527-t0tt ,a (^) a, 924 B.thcl Str..t. (^) H(,lolulu, thwaii 96811 SOCIETY (^) OF HAWAI'I (^) lkEsidcnl lloxrdJo\eph ol tloi!in. l)irectt)rs Jr Nl Nalani fujimon litacutivc l)in'cl()r }.aind. Esq FORMay IIMMEDIATE 1. 2020 RELEASE
Volunteer Attorneys Provide Legal Help to the Community b!' Remote Court Self-Help Centers
Volunteer attomeys (^) are providing (^) legal help ro rhe communit), remotely through the surewide Coun Selt'- Help Centers. Attomeys will provide (^) limited legal help by telephone in (^) areas such as landlord-tenant. family, and other district coun (^) matters. Calls u'ill (^) be answeret by an AmeriCorps Advocate who will connect you^ with the attorney. Please (^) call the Court Sell-Help Center in your (^) community during the
tbllowing days and times.
Honolulu Access to (^) Justice Room: Mondal'. Wednesday'. (^) and F rida1. lrom 9:00 am (^) - l:00 pm Callers will (^) be referred by the Honolulu Disrricr Court Sen,ice Center. Phone: (808) 538- Kauai (^) Court Self-Help Center: Mondal'and Thursdal, liom (^) l0:00 am (^) - Noon
Phone: (808)^ 698-7i
Maui Court Self-Help Center: (^) Mondal'and Thursdav tiom l0:00 am (^) - l:00 pm. Phone: (808) 707-715:. Hilo Court Self-Help Center: Tuesday and Friday l l:15 am (^) - l2:.15 pm. Phone: (808) 746- Kona Court Self-Help Center: Wednesdal (^) from I l:00 am (^) - I:00 pm Phone: (808) 437- The Commission. the Court Self-l{elp Centers are a collaborative eftbn ol the Judiciary. (^) the Ilawaii Access to Justice
Association, the Hawaii^ Hawaii^ State^ Bar Association. the Kauai^ County^ Bar Association. the^ Maui^ County Bar
Legal Aid Society of HawaiiCounty Bar Association, West^ Hawaii^ Bar Association, AmeriCorps.^ and^ the visitors (^) have received legal help andto^ increase nearly^ access 700 attomeys^ to^ justice have^ for volunteered^ sell'-represented litigants. Over^ 27. Center opened on Kauai in 201 I. since the^ tirst Coun Self-Help Established in 1950 with (^) l0 offices statewide, the Legal Aid Society ol'Hawaii is a non-protit. public
interest people. law firm dedicated to increasing access tojustice fbr the sute's most vulnerable and disadvantaged
\lcd ia (irn^ tact:^ #4H
Diana Phone: Kim (808) (^527) -8028 Email: Diana.Kim@legalaidhawaii.org
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