Haw. Sup. Ct. R. 19.5

(a) Respondent confidentiality. The program shall be implemented and administered so that the identity of any person responding to the evaluation process is kept confidential from all judges. Further, the identity of persons responding to the evaluation process shall be privileged from discovery in any lawsuit, and shall not be available to any tribunal, board, agency, governmental entity, or person.

(b) Confidentiality of information and data. All information, questionnaires, notes, memoranda, data, and/or reports obtained, used, or prepared in the implementation and administration of the program shall be privileged from discovery in any lawsuit, and shall not be made available to any tribunal, board, agency, governmental entity, or person, other than the Chief Justice. Except as otherwise provided herein, the Chief Justice shall have the sole discretion and authority to determine how the above information can be used to fulfill the purposes of the program.

The committee members, and all persons who implement, administer, or tabulate data for the program shall be immune from subpoena with regard to their involvement in the program.

(c) Furnishing of information and data to the judicial selection commission. The Chief Justice shall provide such information and data concerning the performance of a judge to the Judicial Selection Commission as the Commission may request in writing. All information and data furnished the Commission pursuant to this provision shall remain confidential.

(d) Furnishing of summary to the evaluated judge. The Chief Justice shall in a manner consistent with the requirements of, furnish the judge evaluated a summary paragraph (a) of this section relating to respondent confidentiality of the judge’s performance as determined by the evaluation process established by this rule.

(Amended August 9, 1991, effective August 9, 1991; further amended and effective June 14, 1996.)