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COM 0193.017 2006-2008
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COM 0193.017 2006-2008
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Last modified
5/13/2008 12:42:25 AM
Creation date
5/8/2008 5:34:21 PM
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Communications
Communications - Type
COM
Communications - Council Term
2006-2008
Communication
0193
Point
017
Author
Jay Kimura, Prosecuting Attorney
Communications - Referred To
FC
Comments
Presented: FC - 3/28/07
Document Relationships
BIL 060 Draft 01 2006-2008
(Related)
Path:
\Council Records\Bills\2006-2008
COM 0193.000 2006-2008
(Related)
Path:
\Council Records\Communications\2006-2008
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The unit continues to actively prosecute these cases. The bulk of cases result in a <br /> <br /> plea of guilty or no contest by the defendant but must still be prepared as if the case were <br /> to be tried by a jury. The preparation of the case often results in its disposition short of <br /> trial. Defendants do not have to plead guilty to any crime and can insist that this office <br /> prove their guilt beyond a reasonable doubt to a jury or to a judge. <br /> The Circuit Court Unit is also responsible for a variety of other matters including <br /> all appeals from felony convictions, writ practice in both Federal and State Court, <br /> evidentiary hearings relating to motions in felony and misdemeanor cases that are set for <br /> <br /> jury trial, felony sentencing proceedings, probation revocation hearings, parole board <br /> hearings, assistance to the Police Department with officer training, review of search <br /> warrants, and after hour pager duty. <br /> The implementation of an information charging statute in 2006 has provided <br /> prosecutors in Hawaii County an additional tool to prosecute felony cases. The circuit <br /> court unit in conjunction with the felony screening unit is responsible for prosecuting <br /> cases using the information statute. These deputies will be responsible for reviewing <br /> police reports, communicating with the investigating officer, and interviewing witnesses <br /> and victims. In addition, the deputies will be responsible for preparing the necessary <br /> documents required by the statute. <br /> Since September 2002, the circuit court unit has taken on the added responsibility <br /> of assigning a deputy prosecutor to the Big Island Drug Court. The objective of the Big <br /> Island Drug is to promote public safety by reducing recidivism in non-violent substance <br /> abusing offenders on the Big Island thru comprehensive integrated programs of drug <br /> treatment and rehabilitation services. Due to staff shortages, the initial assignment for the <br /> Big Island Drug Court was with the First Deputy. <br /> During the past year, the increasing Big Island Drug Court caseload, both for <br /> adults and juveniles, has doubled. The increased caseload has meant that the in-court <br /> and out-of--court responsibilities for the drug court deputy has also doubled. This <br /> additional responsibility has strained the attorney and clerical resources. <br /> District Court <br /> The Hawaii County Prosecutor's Office covers seven district courts island wide. <br /> Deputies handle all of the misdemeanor and traffic cases for Hawaii County which <br /> include traffic violations on calendars and trials. Trial calendars have been added to meet <br /> the increasing caseload for outlying districts, Attorney and clerical staff continue to meet <br /> the additional requirements that have been added because of the Judiciary's new <br /> information management system, JIMS. These additional requirements will grow next <br /> January when al] misdemeanor and traffic charges must be done with written complaints. <br /> Cuttently oral charging is allowed. It is expected that at least two additional personnel <br /> will be needed to meet the new judicial requirements. <br /> <br />
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