UIPA Memo 10-5
Hawaii Access to Justice Commission Subject
OIP was asked whether the Hawaii Access to Justice
Commission is an agency subject to the UIPA. If so, Requester specifically
asked whether notes of discussions proposing changes to existing
policies or procedures would be subject to disclosure.
OIP concluded that the Commission, a public-private
hybrid, does not meet the definition of “agency” under
the UIPA. See HRS § 92F-3; Olelo v. OIP,
173 P.3d 184 (Haw. 2007). Thus, the records maintained by the Commission
are not subject to the UIPA.
The Judiciary, however, is included within the
UIPA’s definition of “agency” for its “administrative”
functions. See HRS § 92F-3 (“agency” does
not include the “nonadministrative functions” of the
state courts). Therefore, Commission-related records maintained
by the Judiciary are subject to the UIPA only if the creation and
oversight of the Commission is an “administrative” as
opposed to a “judicial” function.
OIP presumes that records created pursuant
to the court’s authority to oversee and control the practice
of law in this State, particularly as expressed by Supreme Court
rule, relate to its judicial function and would thus be exempt from