|
Opinion Letter No. 92-03
March 19, 1992
List of Nominees for Judicial Vacancy
The OIP found that the Judicial Selection Commission
of the State of Hawaii (Commission) is an
agency that is covered by the UIPA. However, the OIP also opined
that under the UIPA, the
Commission is not required to disclose list(s) of nominees to fill
a judicial vacancy that are hand
delivered to the governor. The OIP based this conclusion on the
fact that: (1) under the State
Constitution, the deliberations of the Commission are confidential;
(2) under the State Constitution, the Commission was given the power
to adopt rules that have "the force and effect of law;"
and (3)
Commission rules provide that the names of persons nominated by
the Commission to fill a judicial
vacancy are confidential.
As a result, the OIP found that the lists of judicial nominees delivered
to the Governor are protected
from required public disclosure under the UIPA’s exception
for records that are protected from
disclosure by State or federal law.* On the contrary, however, the
OIP found that written receipts
documenting that the governor received each list of judicial nominees
should be made available for
public inspection and copying by the Commission upon request after
the nominees have been
announced. OIP Op. Ltr. No. 92-3 (March 19, 1992)
NOTE: *This portion of the Opinion is overruled by Pray v. Judicial
Selection Commission of the
State of Hawaii, 75 Haw. 333 (1993). See also OIP Op. Ltr. No. 03-03
(Mar. 31, 2003).
|
