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Sunday, September 16, 2012
Rod Tam Rule: Court Change Would Help Criminals Run for Office
By Andrew Walden @ 3:07 PM :: 6115 Views :: Energy, Environment

Editor’s Note: The proposed 42g rule change (see first item in Judiciary news release below in yellow) will help politically connected criminals hide their past criminal convictions in order to facilitate future runs for office. Monday, September 17, is the deadline to complain  >>> HERE.

Proposed Rule Changes

From Hawaii Judiciary

The Supreme Court of Hawai`i seeks your comments on recent proposed rules changes shown below. Please submit your comments in writing to the Judiciary Communications and Community Relations Office by mail to 417 South King Street, Honolulu, HI 96813, by facsimile to 539-4801, or via our on-line form

Proposal to Adopt Rule 42(g) Hawai`i Rules of Penal Procedure - SEALING RECORDS AFTER COMPLIANCE WITH DAG OR DANC TERMS & CONDITIONS OR EVIDENCE RECORD HAS BEEN EXPUNGED

Comment Deadline: September 17, 2012

Proposal to Amend Rule 2.2 of the Rules of the Circuit Courts of the State of Hawai`i - COURT RECORD SEARCH FEE

Comment Deadline: September 18, 2012

Proposal to Amend Rule 2.2 of the Rules of the District Courts of the State of Hawai`i - COURT RECORD SEARCH FEE

Comment Deadline: September 18, 2012

Proposed Amendment to Rule 2.16(f) of the Rules of the Supreme Court of the State of Hawai`i - ELECTRONIC DISPERSAL OF DISCIPLINARY ORDERS

Comment Deadline: September 25, 2012

Hawai`i Rules of Civil Procedure - NEW FORM - GARNISHEE SUMMONS AND ORDER

Comment Deadline: November 20, 2012

---30---

SA: Judiciary proposes sealing records in plea deferral cases: The rule would make automatic a process that has to date been triggered by a request to a judge

The state Judiciary is seeking comments on a proposal that would seal court records for defendants who have their criminal cases dismissed when they plead guilty or no contest and abide by conditions similar to probation.

Defendants can obtain the dismissals under state law through what's known as deferred acceptance of a guilty or no-contest plea, a provision that gives a second chance to people unlikely to commit future crimes.

The provision is generally reserved for first-time offenders and has been applied in numerous felony and misdemeanor cases, including high-profile prosecutions such as the misdemeanor case last year against former City Councilman Rod Tam for stealing city money and violating state campaign spending laws.

Related: HRS Chapter 853

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