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ACLU Applauds Hawai’i Supreme Court Decision Protecting The Hawai’i State Constitution
March 19, 2004

Honolulu – The American Civil Liberties Union of Hawai`i (ACLU of Hawai`i) today hailed a decision by the Hawai’i Supreme Court that protects the Hawai`i Constitution from unwarranted amendments.

On February 24, 2004, the Hawai’i Supreme Court invalidated Question No. 3 regarding charging of felony suspects. After having lost the case, the Attorney General sought clarification of the Court’s decision.

“In its decision today, the Supreme Court makes crystal clear that shortcuts cannot be used to amend the Hawai`i Constitution,” said ACLU cooperating attorney, Lunsford Dole Phillips.

The ACLU’s lawsuit has ignited significant debate in the Hawai`i Legislature regarding the wisdom of charging citizens with felonies by written information. Lois Perrin, Legal Director of the ACLU, said “the Supreme Court’s decision invalidating Question 3 provides the Legislature with an opportunity to revisit the issue and right a near wrong. The Legislature can now base its decision whether to significantly expand the way to bring criminal charges based on truthful and accurate information.”

The ACLU had filed its lawsuit on behalf of 46 registered voters challenging the procedures used to amend the constitution in the 2002 general election. The ACLU argued (and the Hawai`i Supreme Court agreed) that the State’s failure to follow constitutionally prescribed procedures in preparing and displaying voter education materials compromised a fair election. Amendment 3 would have changed the Hawai`i Constitution to allow felony prosecution by written information and would have eroded long-held protections. It would have eliminated the rights of citizens to be charged with felonies only after these charges are first presented before a grand jury or a judge to ensure that there is a sufficient basis for the charges.

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