Laserfiche WebLink
MR. ISHIDA: That may be for your present staff. <br /> MR. ONO: No, I think all prosecu.tbrs are in <br /> fear of making a mistake that would cause any court to find them <br /> with misconduct. We are open to tremendous Civil Rights <br /> liability, for one thing. I 'm not sure if it includes criminal <br /> penalties. I think it does. I might be wrong, but it also <br /> again opens us up to the disciplinary board which if they decide <br /> that yes there was prosecutorial misconduct of a very close sort <br /> they might suspend our licenses or revoke our licenses which <br /> means our livihood. . .and not only as prosecutors but as attorneys <br /> period. So I think the sanctions already exist within the <br /> system..:, .Tol;include another sanction would really not do '_much <br /> more. All it would do would be to give the defense a tool to <br /> block further. . .to block the use of the Section because every <br /> time that we use a Section such as this we would be automatically <br /> charged with prosecutorial misconduct or whatever sancions that <br /> you would put in here. I think that is what would happen and <br /> if that is the case then the Section would -:never be used and in <br /> which case we would be against having that put in there. Then <br /> the Section would be useless to us. <br /> MR. ISHIDA: As I understand this, how this <br /> provision might operate. . .should the witness fail to honor the <br /> subpoena then the Prosecutor ' s office would initiate action in <br /> court so that the witness then will be found in contempt? <br /> MR. ONO: Can be found in contempt. <br /> MR. ISHIDA: As I gather it, the power that you <br /> are requesting need not have court sanction. Are you requesting <br /> here. . .the substance of this provision is that should the witness <br /> fail to honor the subpoena then there will be a criminal <br /> liability imposed upon him, or otherwise? <br /> MR. ONO: It would be the normal contempt of <br /> court proceedings which I believe would be criminal in nature. . . <br /> criminal contempt of court. <br /> MR. ISHIDA: What I am saying here is that since <br /> the subpoena is not issued by the order of the court why would <br /> he be in contempt of it if it is not by the court order? <br /> MR. ONO: I think that the mechanics of hearing <br /> would have to be set up. This was taken from the Honolulu <br /> Charter. I 'm not too aware of the complete background on it or <br /> how it has been used, if at all , or whether they have had this <br /> contempt proceedings. My experience has been that normally the <br /> court will just ask the person , why aren ' t you honoring it. If <br /> the person comes up with a fairly good reason they normally just <br /> either quash the subpoena there or the court might just say to <br /> turn it over and don ' t worry about it. I haven ' t found there <br /> to be very many strict criminal contempt type of proceedings. <br /> MR. ISHIDA: One more question. How do you <br /> determine or by what standard would one use to determine when <br /> the Prosecuting Attorney has abused or has harassed an individual <br /> by this process? <br /> -16- <br />