Hawaii

Delinquency and dependency proceedings: In general, only people whose presence is requested by a parent or guardian or whom the judge deems to have a direct interest in the case upon considering the minor’s best interests can attend juvenile court proceedings in Hawaii. Haw. Rev. Stat. § 571-41 (2011).

Delinquency and dependency records: Juvenile court records generally are closed and may be inspected only by certain individuals and agencies designated by statute and with consent from the court by those with a legitimate interest in the proceedings or in the protection, welfare, treatment or disposition of the minor. Otherwise, court dockets, petitions, complaints, motions and papers filed in the case are withheld from the public. Id. § 571-84. This prohibition extends to the records of any police department, which may withhold from disclosure a 911 tape involving a minor charged with a criminal offense and blotter data concerning identifiable juvenile offenders. Haw. Op. Att’y Gen. 05-17 (2005); Id. 91-4 (1991). But exceptions exist when juveniles are charged with violent crimes. Specifically, all legal records are open for public inspection in delinquency proceedings in which a minor 14 years old or older is adjudicated delinquent for an act that if committed by an adult would: 1) be murder in the first- or second-degree or attempted murder; 2) result in serious bodily injury to or death of a victim; 3) be a class A felony; or 4) be a felony and the minor has more than one prior adjudication for acts that would constitute felonies if committed by an adult. Records also are public in delinquency proceedings in which a minor 16 years old or older is adjudicated delinquent for an act that if committed by an adult would: 1) be murder in the first- or second-degree or attempted murder; 2) result in serious bodily injury to or death of a victim; 3) be a class A felony and the minor has one or more prior adjudications for an act that would constitute a felony if committed by an adult; or 4) be a class B or C felony and the minor has more than one prior adjudication for acts that would constitute felonies if committed by an adult. The judge can prohibit public access to these records, however, if he or she finds in writing “that there are significant and compelling circumstances peculiar to the case” that warrant confidentiality. Haw. Rev. Stat. § 571-84.6.

Restrictions on coverage: Hawaii law allows victims 17 years old or younger to testify about abuse or sexual offenses outside the presence of the defendant via closed-circuit television. The statute does not specify whether the media and public may remain in the courtroom when this testimony is broadcast there. Id. § 626-1, R. 616. Court rules governing electronic and photographic coverage of court proceedings require judges to grant requests for such coverage unless good cause is found to prohibit the coverage. Under the rules, a party may object to coverage of any proceeding, prompting a hearing to determine whether the coverage will be allowed. A presumption of good cause for a prohibition of media coverage exists when the testimony of child witnesses is being received. Haw. Sup. Ct. R. 5.1.