Haw. Sup. Ct. Order: order519

Electronically Filed

Supreme Court

SCMF-21-0000428

20-JUL-2021

09:44 AM

Dkt. 1 ORD

IN THE SUPREME COURT OF THE STATE OF HAWAI#I

In the Matter of the

PILOT PROJECT FOR REMOTE APPEARANCES BY

DEFENDANTS AT POST-ARRAIGNMENT, CHANGE-OF-PLEA HEARINGS

ORDER

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

In consideration of the ongoing public health crisis

created by the current pandemic and the continued necessity of

remote hearings in certain circumstances, and in consideration of

the advances in technology which have markedly improved the

effectiveness and sophistication of remote court appearances,

IT IS HEREBY ORDERED, notwithstanding any court rule to

the contrary, including any relevant provisions of Rules 11

and 43 of the Hawai#i Rules of Penal Procedure, that the Chief

Court Administrator of each Circuit shall implement a two-year

pilot project to allow for the remote, video appearance by

defendants in post-arraignment, change-of-plea hearings, where

the defendant has provided consent, the defendant’s identity has

been confirmed on the record, and the presiding judge deems such

an appearance appropriate and warranted.

IT IS FURTHER ORDERED that the Permanent Committee on

the Rules of Penal Procedure and Circuit Court Criminal Rules,

currently chaired by Judge Shirley Kawamura, shall submit to this

court, no later than April 15, 2023, a report regarding this

pilot project, including the advisability of appropriate

amendments to the Hawai#i Rules of Penal Procedure should the

program be permanently adopted by this court.

DATED: Honolulu, Hawai#i, July 20, 2021.

/s/ Mark E. Recktenwald

/s/ Paula A. Nakayama

/s/ Sabrina S. McKenna

/s/ Michael D. Wilson

/s/ Todd W. Eddins

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