UIPA Memo 13-1
Denial of Request for
Under Part III of the UIPA, requester sought all information
maintained by the City and County of Honolulu Department of the
Prosecuting Attorney (Prosecutor’s Office) about her, including
its cases on Honolulu Police Department (HPD) Report Numbers 10-247773,
10-248246, and 10 248247; information maintained by Victim/Witness
Kokua Services (VWKS) and the Visitor Aloha Society of Hawaii (VASH);
and “minutes” of her meetings with VWKS employee Ms.
The Prosecutor’s Office does not maintain the
requested police reports, any records about Requester at VWKS, or
notes of Ms. McCaig.
VASH is not part of the Prosecutor’s Office.
It is a private non-profit entity and is not subject to the UIPA.
The only responsive record maintained by the
Prosecutor’s Office, the “Conferral Sheet,” is
protected from disclosure by section 92F-22(5), HRS, which allows
an agency to withhold personal records protected by statutory privilege.
Because the Conferral Sheet consists of attorney work product, it
is protected by the attorney work product privilege at Hawaii Rules
of Penal Procedure (HRPP) Rule 16(e)(5)(i) (2011), and may be withheld
under section 92F-22(5), HRS.