93-09Posted on Aug 2, 1993 in Formal Opinions
Opinion Letter No. 93-09
August 2, 1993
Governor’s Bug Invoice
An invoice submitted to the Governor’s Office and presented to an investigatory grand jury in proceedings involving the alleged discovery of listening devices in State government offices may not be made available for public inspection and copying, except by further order of the court. The State Department of the Attorney General initially relied on Rule 6(e) of the Hawaii Rules of Penal Procedure as the basis for non-disclosure, but the OIP opined that Rule 6(e) does not automatically protect all records before a grand jury from disclosure. However, the OIP was not required to determine whether Rule 6(e) prohibited disclosure of the invoice because of a court order issued in the case. The OIP found that the court order protected the invoice from public disclosure under the UIPA.