CHC 1979-01-30 - Laserfiche WebLink

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MR. CADINHA: I want to make sure it is clear in my mind. . .a person that does not comply with your request for producing documents or whatever it is that may be currently investigated for a given crime. . .as I understand it, the burden of proof then if the person denies. . .he has another criminal case against him, if you will , and that is contempt of court. Right? So the burden of proof then is on the witness to prove that he has reason for not complying with your request. He must instigate legal proceedings to protect himself, is that right? MR. ONO: The normal procedure is for an order to show cause which is issued by the court, the court. asking a person why aren ' t you answering the subpoena. If the court determines that the person is saying I just don ' t want to answer it, period-or-that it is none of their business , it would not be good cause and if it is not good cause the court may find it in contempt. This particular proceeding is kind of a hybrid of the system we have now which would be the court issuing the order to come to court to disclose. In which case, the court may order the person at that time to produce the documents and if the person refuses again , then hold him in contempt. There is no set,`proceeding , really, that comes from this . Again, that may be something that may be put into the Charter, or the Section. MR. SCHUTTE: I hope you understand that our questioning you like this does not put you on the table, although that is where you happen to be at this moment. . .but it something we have to address ourselves to. . .and we migh-t just as well get the input from you because I 'm quite sure that something like this is going to come before us anyway. If we are going to set the standards of this county for the next 10 years then I think we better learn as much about these things as we possibly can , Mr. Ono. Our questioning is not personal at all it ' s merely educational . MR. ONO: I appreciate that and I welcome all the questions because it also shows where we may have to do more research and that is why I 'm .saying that this provision was taken with a little bit of changes from the Charter for the City and County of Honolulu and just by your questioning I can see where there should be some changes already. MR. SCHUTTE : Then what you are saying is that you think that if you take this back now and take it apart a bit and maybe come back to us on another day with something that may look a little bit better than as it is. . . MR. ONO: A little more appealing in some ways. MRS. KOBAYASHI : Just for my information, Mr. Ono, what is the size of your staff? MR. ONO: We have some temporary people onboard so you are going to have to let me use my fingers and toes. I have at this time three permanent clerical staff which consists of a private secretary, a senior legal stenographer and a senior clerk stenographer. We have a 1st deputy and three deputy prosecuting attorneys in the office in Hilo. These are all -18-