This order temporarily remands a case to the circuit court to address a request from media petitioners for access to sealed portions of a transcript from a hearing. The order directs the petitioners to file their request in circuit court within 10 days. It allows the respondents 7 days to file a response and the petitioners 3 days to file a reply. The circuit court judge must hear the request within 30 days and issue a written ruling within 21 days. The order requires the petitioners to supplement the record with documents from the remand proceedings and the full transcript. Supplemental briefs of up to 10 pages can then be filed within 20 days.

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. 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. 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.