F22-02Posted on Apr 21, 2022 in Formal Opinions
Opinion Ltr. No. F22-02
April 21, 2022
Date Stamped Copy of Complaint
The Commission on Judicial Conduct (CJC) receives complaints against Hawaii justices and judges and recommends dispositions to the Hawaii Supreme Court (HSC) concerning allegations of judicial misconduct or physical or mental disability of judges. Rules of the Supreme Court of the State of Hawaii (RSC) Rule 8.2(a) (2005). A member of the public submitted a complaint to the CJC. She thereafter made a record request to the Judiciary for a date stamped copy of that same complaint. The record request was denied by the CJC on the basis that its proceedings are confidential under RSC Rule 8.4. Requester appealed the CJC’s denial to OIP, which determined that records of the nonadministrative functions of the courts are not subject to the UIPA as they are not included in the UIPA’s definition of “agency.” HRS § 92F-3 (2012) (setting forth the UIPA’s definitions). CJC proceedings involve discipline of justices and judges and, as such, are nonadministrative functions of the courts. OIP therefore concluded that CJC is not required under the UIPA to disclose the requested record.