1 2-14 order for temp. remand


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1 2-14 order for temp. remand

  1. 1. Electronically Filed Supreme Court SCPW-13-0003250 02-JAN-2014 11:41 AM SCPW-13-0003250 IN THE SUPREME COURT OF THE STATE OF HAWAI#I OAHU PUBLICATIONS INC., dba The Honolulu Star-Advertiser, a Hawai#i corporation, and KHNL/KGMB, LLC, dba Hawai#i News Now, a Delaware corporation, Petitioners, vs. THE HONORABLE KAREN S.S. AHN, Circuit Court Judge of the Circuit Court of the First Circuit, Respondent Judge, and THE STATE OF HAWAI#I and CHRISTOPHER DEEDY, Respondents. ORIGINAL PROCEEDING (CR. NO. 11-1-1647) ORDER (By: Recktenwald, C.J., Nakayama and Pollack, JJ., Circuit Judge Browning in place of Acoba, J., recused, and Circuit Judge Kubo in place of McKenna, J., recused) Upon consideration of petitioners Oahu Publications Inc., dba The Honolulu Star-Advertiser, and KHNL/KGMB, LLC, dba Hawaii News Now’s petition for a writ of mandamus, filed on September 6, 2013, respondent Christopher Deedy’s joinder, filed on October 8, 2013, the respondent State of Hawai#i’s answer, filed on October
  2. 2. 10, 2013, the respondent judge’s answer, filed October 11, 2013, and the Amicus Brief, filed on October 18, 2013, as well as the respective supporting documents, and the record, IT IS HEREBY ORDERED as follows: (1) This matter is temporarily remanded to the circuit (2) Within ten (10) days from the date of this order, court. petitioners shall file a request in the circuit court for access to the “sealed” portions of the August 26, 2013 transcript. (3) Within seven (7) days from the date the request is filed, respondents may file a response to the request. (4) Within three (3) days from the date a response is filed, if any, petitioners may file a reply to the response. (5) Within thirty (30) days from the date petitioners file their request for access to the “sealed” portions of the August 26, 2013 transcript, the respondent judge shall hear the request. (6) Within twenty-one (21) days after the hearing, the respondent judge shall file a written ruling on the request. (7) Within fifteen (15) days from the filing of the written ruling, petitioners shall supplement the record of this original proceeding with all documents filed in the circuit court on remand, including a copy of the transcript of the remand hearing. (8) The record shall also be supplemented by
  3. 3. Petitioners with the complete transcript of the August 26, 2013 proceeding, “sealed” or “unsealed” as ordered by the court. (9) Petitioners, respondents, and the respondent judge may file a supplemental brief, no more than ten (10) pages, within twenty days (20) days after the record is supplemented. DATED: Honolulu, Hawai#i, January 2, 2014. /s/ Mark E. Recktenwald /s/ Paula A. Nakayama /s/ Richard W. Pollack /s/ R. Mark Browning /s/ Edward H. Kubo, Jr.