Posted on Oct 23, 2002 in Formal Opinions

Opinion Letter No. 02-10
October 23, 2002
Adjudicative Records of the Judiciary, Administrative Driver’s License Revocation Office

The Judiciary, Office of the Administrative Director of the Courts, Administrative Driver’s License Revocation Office (“ADLRO”) requested an opinion concerning whether the government records it maintains concerning its adjudicative functions are subject to the Uniform Information Practices Act (Modified), chapter 92F, Hawaii Revised Statutes (“UIPA”).

The OIP informed the ADLRO that only the ADLRO’s administrative records are subject to the UIPA. The OIP looked to the UIPA’s definition of agency, which excludes the “non-administrative functions of the courts of this state.” Haw. Rev. Stat. §92F-3 (1993). The OIP also looked to the recommendations of the Governor’s Committee on Public Records and Privacy, relied upon by the Legislature in drafted the UIPA, which recommended that the UIPA only apply to the administrative records of the Judiciary. The Legislative history of the UIPA also indicates that the UIPA is only to apply to the administrative records of the Judiciary.

As the Hawaii Supreme Court has previously determined that the tasks of the ADLRO are “clearly judicial in nature,” the OIP therefore determined that the ADLRO performs an adjudicative function. Therefore, its non-administrative, adjudicatory records (those records associated with the review of evidence and decision-making) are not subject to the UIPA.

full text