SCWC-16-0000684

IN THE SUPREME COURT OF THE STATE OF HAWAII

________________________________________________________________

STATE OF HAWAII, Respondent/Plaintiff-Appellee,

vs.

ANTONIO GANITANO, Petitioner/Defendant-Appellant.

________________________________________________________________

CERTIORARI TO THE INTERMEDIATE COURT OF APPEALS

(CAAP-16-0000684; CR. NO. 15-1-1721)

ORDER REJECTING APPLICATION FOR WRIT OF CERTIORARI

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

Petitioner/Defendant-Appellant Antonio Ganitano’s 

(“Ganitano”) application for writ of certiorari (“application”)

filed on July 25, 2018, is hereby rejected.

Furthermore, upon consideration of Ganitano’s

application and the records and files in this matter, it appears 

that Volume I of the record on appeal in this case, as well as 

the transcript in docket 88 under the Intermediate Court of 

Appeals (“ICA”) case number CAAP-16-0000684, contain personal 

information under Hawaiʻi Court Records Rules (“HCRR”) Rule 2.19 

(2012) (i.e., names of minor children), in violation of HCRR 

Rule 9.1(a) (2012). The appellate clerk shall seal Volume I of 

the record on appeal and the transcript in ICA docket 88.

Electronically Filed

Supreme Court

SCWC-16-0000684

04-SEP-2018

02:24 PM
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Any individual may file, within 10 days of the entry 

of this order, a motion objecting to the sealing of Volume I of 

the record on appeal and/or the aforementioned transcript.

IT IS HEREBY ORDERED THAT:

(1) Pursuant to Oahu Publications Inc. v. Takase, 139 

Hawaiʻi 236, 247–48, 386 P.3d 873, 884–85 (2016), the parties 

shall forthwith identify which, if any, documents the party 

filed with the Circuit Court of the First Circuit (“circuit 

court”) in CR. NO. 15-1-1721 do not comply with HCRR Rule 

9.1(a). In the circuit court, the party responsible for the 

filing of the non-compliant document shall then move to seal the 

document, and concurrently file a redacted version of the 

document, no later than thirty (30) days from the date of this 

order. See 139 Hawai‘i at 247 & n.16, 386 P.3d at 884 & n.16.

(2) Further, Respondent/Plaintiff-Appellee State of 

Hawaiʻi (“State”) shall identify which, if any, documents filed 

by the circuit court do not comply with HCRR Rule 9.1(a). In 

the circuit court, the State shall then move to seal the 

document, and concurrently file a redacted version of the 

document, no later than thirty (30) days from the date of this 

order. See id.

(3) Within ten (10) days after the redacted circuit 

court documents are filed, the circuit court shall file an 

amended record on appeal that conforms to HCRR Rule 2.19.

(4) Within thirty (30) days from the date of this 

order, Petitioner/Defendant-Appellant shall redact all personal 

information and file a further redacted copy of the transcript 

in CAAP-16-0000684 docket 88 under docket code “OT.” 

Petitioner/Defendant-Appellant shall indicate in the “Notes” 

section that the filing is in compliance with this order, is a 
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redacted copy of the transcript, and include the transcript 

date.

(5) Within five (5) days after the redacted 

transcript is filed, the appellate clerk shall change the docket 

code from “OT” to “TRANS,” but retain the information in the 

“Notes” section added by Petitioner/Defendant-Appellant. 

DATED: Honolulu, Hawaii, September 4, 2018.

/s/ Mark E. Recktenwald

/s/ Paula A. Nakayama

/s/ Sabrina S. McKenna 

/s/ Richard W. Pollack

/s/ Michael D. Wilson