On August 8, 2024, Public First sought leave to file an amicus curiae (friend of the court) brief in response to a petition for writ of mandamus filed by the Hawai`i Police Department. In cases to determine whether Albert Ian Schweitzer and Shawn Schweitzer were actually innocent in the crimes against Dana Ireland, the Schweitzers served the Police Department with a litigation subpoena for records concerning the Department’s interview of Albert Lauro, Jr., who subsequently committed suicide. In response to the subpoena, the Police Department claimed that it could not release any records to the Schweitzers without violating the public records law. After the trial judge (Honorable Peter K. Kubota) ordered the Police Department to disclose the records to the Schweitzers, the agency asked the Hawai`i Supreme Court to review that decision.
Public First sought to submit a brief regarding the differences between the standards applicable to a request under the public records law and the standards applicable to litigation discovery requests. Because the Schweitzers issued a litigation subpoena, not a public records request, the Police Department’s objections based on the public records law should not matter. The Hawaii Supreme Court denied Public First’s request to file an amicus curiae brief. On October 10, 2024, the Court held, among other things, that the UIPA exceptions are not a basis for objecting to a litigation subpoena. No. SCPW-24-537.
- Hawai`i Police Department Petition for Writ of Mandamus (8/7/24)
- Order (requiring responses) (8/8/24)
- Judge Kubota’s Order Denying Motion to Quash (8/15/24)
- Albert Ian Schweitzer Response to Petition (8/16/24)
- Shawn Schweitzer Response to Petition and Exhibits (8/18/24)
- Transcripts and Amended 8/7/24 Transcript
- Order (requiring supplemental briefing) (8/28/24)
- Prosecutor’s Response to Petition (9/5/24)
- Schweitzers’ Joint Supplemental Brief (9/5/24)
- Hawai`i Police Department Supplemental Brief (9/5/24)
- Opinion (10/10/24)
- Public First Motion for Leave to File Amicus Curiae Brief and Proposed Amicus Curiae Brief (8/8/24)
- Order Denying Motion (8/8/24)