Laserfiche WebLink
the court to say if he has any good cause for not answering or <br /> producing the documents. <br /> MR. TRULSON: If he has no good reason could <br /> he then be in contempt of court for failing to answer your <br /> subpoena? <br /> MR. ONO: Yes. <br /> MR. TRULSON: So, you have the power of the <br /> court? <br /> MR. ONO: No, the court would find him in <br /> contempt. We would not be the final arbiter of that. <br /> MR. CADINHA: Mr. Ono, I don ' t understand all <br /> the legalities that are applicable here, but in layman ' s terms , <br /> and correct me if I 'm wrong, what you are asking is that if <br /> this is put into the Charter, any corporation or individual , <br /> private person , on this island may be compelled upon the request <br /> of your office to show any documents that you may ask for and if <br /> they refuse to do so will have to show cause to the court why: <br /> they feel they do not have to show them to you? <br /> MR. ONO: This would be only where we are <br /> investigating a crime. It sounds like an awesome power the way <br /> you put it. <br /> MR. CADINHA: Very much. <br /> MR. ONO: Basically, you are correct in that <br /> sense, as you put it, except that if we issue a subpoena either <br /> maliciously or for no good reason except just to harass somebody <br /> we are opening ourselves up. . .we are opening up the office for a <br /> very big._prosecutorial misconduct suit. That is the censor or the <br /> hold on the office. We cannot just willy-nilly issue subpoenas <br /> to anybody to tell them to bring their birth certificate or <br /> their marriage certificate or anything else. That we would have <br /> the power to do that by the Charter, it would seem that way. If <br /> there is, in fact, no investigation ongoing and it is being done <br /> just for pure harassment sake, again , we would be opening our- <br /> selves to not only personal liability but also to office liability. <br /> MR. CADINHA: Other than the good discretion of <br /> the Prosecuting Attorney, what assurance does a citizen of Hawaii <br /> have that there is no harassment involved? <br /> MR. ONO: I think the court process is the answer. <br /> We have the discretion right now to issue subpoenas. A subpoena <br /> duces tecum to produce any document, anyway, by statute before <br /> the court. <br /> MR. CADINHA: Do you have to show cause as to <br /> why you want <br /> MR. ONO: No. <br /> -10- <br />