SCMF-20-0000152 

 

IN THE SUPREME COURT OF THE STATE OF HAWAIʻI 

 

In the Matter of the Judiciary’s Response 

to the COVID-19 Outbreak 

ORDER FURTHER EXTENDING JUNE 5, 2020 ORDER TEMPORARILY 

SUSPENDING IN PART HAWAIʻI RULES OF PENAL PROCEDURE RULE 6(a) 

(CIRCUIT COURT OF THE FIRST CIRCUIT) 

(By: Recktenwald, C.J., Nakayama, McKenna, Wilson, and Eddins, JJ.) 

 On March 4, 2020, Governor David Ige declared a state 

of emergency in Hawaiʻi in response to the public health threat 

posed by COVID-19. In response to the declared state of 

emergency, the Chief Justice issued an Order on March 16, 2020, 

which, among other things, postponed non-urgent court business 

in an effort to ensure the health and safety of court personnel 

and users, and minimize the risk of spreading COVID-19 in the 

courts. 

Pursuant to the Chief Justice’s May 22, 2020 Order 

Regarding Jury Trial and Grand Juries, beginning June 1, 2020, 

grand jury proceedings were allowed to commence as directed by 

Electronically Filed

Supreme Court

SCMF-20-0000152

24-JUN-2021

08:45 AM

Dkt. 121 ORD
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the chief judge of the respective circuit. At that time, based 

on recommended health and safety guidelines that physical 

distancing be maintained, and with limited resources, the First 

Circuit Court did not have the capacity in Ka‘ahumanu Hale to 

place 16 grand jurors as required under Hawaiʻi Rules of Penal 

Procedure Rule 6(a), as well as the individuals required to be 

present while the grand jury is in session as set forth under 

Hawaiʻi Rules of Penal Procedure Rule 6(d), in the same space and 

allow for physical distancing. 

Therefore, to protect the health and safety of 

Judiciary personnel, jurors, and court users consistent with the 

recommendations of public health authorities, while maintaining 

court operations during the COVID-19 pandemic without 

unnecessary delay, on June 5, 2020, this court issued its “Order 

Temporarily Suspending in Part Hawai‘i Rules of Penal Procedure 

Rule 6(a)”, which, as to the First Circuit, temporarily reduced 

the number of members of a grand jury from 16 members to 12 

members through July 31, 2020. As the positivity rate of COVID19 cases increased, and the ongoing health concerns and the 

continued mandate for physical distancing remained in place, it 

was necessary to extend the June 5, 2020 order. Currently, the 

June 5, 2020 order expires on June 30, 2021. 

The First Circuit Court has taken significant steps to 

be able to allow grand jury proceedings to resume with 12-member 
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grand jury panels and in compliance with physical distancing 

measures. Given the current emergency orders and health and 

safety guidelines in place, and the continued mandate for 

physical distancing, it is necessary for the 12-member grand 

jury panels to remain in effect to allow the First Circuit Court 

to continue to hold grand jury proceedings. 

Therefore, pursuant to Article VI, section 7 of the 

Hawaiʻi Constitution and Hawaiʻi Revised Statutes §§ 602-5(a)(6) 

and 612-27, 

 IT IS HEREBY ORDERED that the June 5, 2020 “Order 

Temporarily Suspending in Part Hawai‘i Rules of Penal Procedure 

Rule 6(a)” is further extended until December 31, 2021. This 

order may be modified or extended as necessary. 

 Dated: Honolulu, Hawaiʻi, June 24, 2021. 

 /s/ Mark E. Recktenwald 

 /s/ Paula A. Nakayama 

 /s/ Sabrina S. McKenna 

 /s/ Michael D. Wilson 

 /s/ Todd W. Eddins