Thursday, July 25, 2024
Hawai'i Free Press

Current Articles | Archives

Monday, June 16, 2014
Writ to Watch: Oahu Publications, Inc. v. Neil Abercrombie
By Robert Thomas @ 7:31 PM :: 5997 Views :: Ethics, Hawaii State Government, Judiciary

HAWSCT To Consider Appellate Fees In Open Record Case

by Robert Thomas, InverseCondemnation, June 16, 2014

Hawaii, like many other jurisdictions, has an open records law. Here, we call it "UIPA" ("yoo-pah" or "wee-pah") and not "FOIA" or "FOIL." But in substance, it's mostly the same as our sibling jurisdictions: government records are strongly presumed to be public documents, available to the public upon request. And like many jurisdictions, Hawaii's UIPA contains a fee-shifting provision which provides that a complainant who prevails in the case is entitled to recover fees and costs from an agency that wrongly kept documents secret.

Last week, the Hawaii Supreme Court agreed to review a case about UIPA and the fees and costs incurred by a prevailing complainant while on appeal. Specifically, the case is about the timing of the request for appellate fees and costs. We represent the petitioner in the case, and so won't be saying much of anything about it here. But the cert briefs are public documents, so colleague Rebecca Copeland has posted them and a short summary of the issues over at her blog, Record on Appeal.

See Writ to Watch: Oahu Publications, Inc. v. Abercrombie.

We posted the briefs in the merits phase of the ICA appeal here ("HAWICA: Attorneys Fee Award In JSC List Case Was Reasonable").

We'll let you know when the Hawaii Supreme Court issues a decision in the case.


Writ to Watch: Oahu Publications, Inc. v. Neil Abercrombie

ROA: On June 13, 2014, the HAWSCT accepted cert in Oahu Publications, Inc., dba The Honolulu Advertiser v. Neil Abercrombie, SCWC-13-0000127, a case involving the issue of the entitlement to appellate attorneys’ fees incurred by a party in an appeal dismissed for lack of jurisdiction because the judgment does not reflect finality when a subsequent appeal is filed after the judgment is corrected and the party prevails in the appeal.

The underlying case involved a Uniform Information Practices Act (Hawaii freedom of information law) case brought by the Star Advertiser against the Governor seeking to compel the Governor to disclose the Judicial Selection Commission’s list of nominees for the HAWSCT judicial vacancy that was filled by HAWSCT Justice McKenna.

read … Writ to Watch


TEXT "follow HawaiiFreePress" to 40404

Register to Vote


Aloha Pregnancy Care Center


Antonio Gramsci Reading List

A Place for Women in Waipio

Ballotpedia Hawaii

Broken Trust

Build More Hawaiian Homes Working Group

Christian Homeschoolers of Hawaii

Cliff Slater's Second Opinion

DVids Hawaii


Fix Oahu!

Frontline: The Fixers

Genetic Literacy Project

Grassroot Institute

Hawaii Aquarium Fish Report

Hawaii Aviation Preservation Society

Hawaii Catholic TV

Hawaii Christian Coalition

Hawaii Cigar Association

Hawaii ConCon Info

Hawaii Debt Clock

Hawaii Defense Foundation

Hawaii Family Forum

Hawaii Farmers and Ranchers United

Hawaii Farmer's Daughter

Hawaii Federation of Republican Women

Hawaii History Blog

Hawaii Jihadi Trial

Hawaii Legal News

Hawaii Legal Short-Term Rental Alliance

Hawaii Matters

Hawaii Military History

Hawaii's Partnership for Appropriate & Compassionate Care

Hawaii Public Charter School Network

Hawaii Rifle Association

Hawaii Shippers Council

Hawaii Together


Hiram Fong Papers

Homeschool Legal Defense Hawaii

Honolulu Navy League

Honolulu Traffic

House Minority Blog

Imua TMT

Inouye-Kwock, NYT 1992

Inside the Nature Conservancy

Inverse Condemnation

July 4 in Hawaii

Land and Power in Hawaii

Lessons in Firearm Education

Lingle Years

Managed Care Matters -- Hawaii

Missile Defense Advocacy

MIS Veterans Hawaii

NAMI Hawaii

National Parents Org Hawaii

NFIB Hawaii News

NRA-ILA Hawaii


OHA Lies

Opt Out Today

Patients Rights Council Hawaii

Practical Policy Institute of Hawaii

Pritchett Cartoons

Pro-GMO Hawaii

Rental by Owner Awareness Assn

Research Institute for Hawaii USA

Rick Hamada Show

RJ Rummel

School Choice in Hawaii

Talking Tax

Tax Foundation of Hawaii

The Real Hanabusa

Time Out Honolulu

Trustee Akina KWO Columns

West Maui Taxpayers Association

What Natalie Thinks

Whole Life Hawaii