Haw. Sup. Ct. R. 8.4

(a) In general. All proceedings, records, files, and reports involving allegations of misconduct by, or disability of, a judge shall be kept confidential until and unless the judge requests such materials be made public. However, absent evident of incapacity or disability related to the alleged misconduct, or unless otherwise directed by the supreme court, if formal disciplinary proceedings are initiated, the Formal Complaint or the Statement of the Allegations, and the respondent judge’s answer, if any, shall be public 90 days after the service of the Formal Complaint or the Statement of the Allegations upon the respondent judge, as shall any subsequent disciplinary hearings and evidence introduced therein. In such an event, however, the deliberations of the Commission and the contents of the initial investigatory file shall remain confidential. In addition, the respondent judge may apply to the Commission for a protective order based upon the assertion of private medical or other sensitive information, with denial of that order reviewable by the supreme court. The Commission, special counsel, the supreme court, and their staffs shall conduct themselves so as to maintain the required confidentiality. The Commission and the supreme court may, however, confirm the resignation of the respondent judge in such an event.

(b) Disclosure. This provision shall not be construed to automatically deny access to relevant information to authorized agencies investigating the qualifications of judicial candidates, or to other jurisdictions investigating qualifications for admission to practice or to law enforcement agencies investigating qualifications for government employment; such information may be released upon concurrence of the Commission or by order of the supreme court.

(c) Public statements by commission. In any case in which the subject matter becomes public through independent sources or through a waiver of confidentiality by the judge, the Commission may issue statements as it deems appropriate in order to confirm the pendency of the investigation, to clarify the procedural aspects of the disciplinary proceedings, to explain the right of the judge to a fair hearing without pre-judgment, and to state that the judge denies the allegations. The statement shall be first submitted to the judge involved for his or her comments and criticisms prior to its release, but the Commission in its discretion may release the statement as originally prepared.

(Renumbered September 1984; amended October 8, 2020, effective January 1, 2021; further amended September 13, 2022, effective January 1, 2023.)