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 EXTENDING ORDER REGARDING 

TEMPORARY EXTENSION OF THE TIME REQUIREMENTS UNDER 

HAWAIʻI RULES OF PENAL PROCEDURE RULE 10(a), (b), and (c) 

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

and Chief Judge Ginoza, assigned by reason of vacancy, 

with Wilson, J., dissenting1) 

The COVID-19 pandemic has caused a public health 

emergency. In response to the pandemic, the Judiciary postponed 

non-urgent court business and limited in-person proceedings in 

an effort to ensure the health and safety of court users and 

Judiciary personnel, and to minimize the risk of spreading 

COVID-19 in the courts. As COVID-19 cases remained low, court 

operations resumed in accordance with public health safety 

guidance, and to the extent possible with available resources. 

 

1 A dissent by Wilson, J., is forthcoming. 

Electronically Filed

Supreme Court

SCMF-20-0000152

11-SEP-2020

10:27 AM
2

Criminal proceedings have proceeded in-person and by video 

conference in accordance with court rules and as feasible. 

Since July 2020, however, there was a surge of COVID19 cases in Hawai‘i, with record numbers of positive cases and 

increased hospitalizations being reported. There was also a 

surge of COVID-19 cases in our community correctional centers 

and facilities, particularly at the O‘ahu Community Correctional 

Center (“OCCC”). As a result, additional time was required to 

be afforded for arraignments in order to give sufficient 

opportunity for those released from OCCC to self-isolate or 

quarantine for possible COVID-19 exposure as necessary and to 

ensure the health and safety of court users and personnel. 

Thus, on August 18, 2020, this court entered the 

“Order Regarding Temporary Extension of the Time Requirements 

Under Hawai‘i Rules of Penal Procedure Rule 10(a), (b), and (c),” 

which provided that the first circuit may temporarily extend the 

time requirements for arraignments no longer than reasonably 

necessary to protect public health and safety, while encouraging 

judges to utilize remote technology whenever possible. The 

order expires on September 17, 2020. 

Since the order was filed, the number of positive 

COVID-19 cases and hospitalizations statewide has remained high. 

The current public health emergency and the changing conditions 

require flexibility and vigilance. The continued need to 
3

protect the health and safety of court users and Judiciary 

personnel during this unprecedented time remains vital, thus 

necessitating a further extension of the August 18, 2020 order. 

Accordingly, pursuant to article VI, section 7 of the 

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

Governor David Y. Ige’s Emergency Proclamations, and HRS § 601-

1.5, 

 IT IS HEREBY ORDERED that the August 18, 2020 “Order 

Regarding Temporary Extension of the Time Requirements Under 

Hawai‘i Rules of Penal Procedure Rule 10(a), (b), and (c)” for 

first circuit criminal matters is extended until October 16, 

2020, unless otherwise further modified or extended. 

 Dated: Honolulu, Hawaiʻi, September 11, 2020. 

 /s/ Mark E. Recktenwald 

 /s/ Paula A. Nakayama 

 /s/ Sabrina S. McKenna 

 /s/ Lisa M. Ginoza