In 2018, the Law Center learned more about the State Judiciary’s use of a confidential flag. The confidential flag seals the entire case from public view, including the names of the parties, the docket, and the identities of counsel. Subsequent motions to unseal in specific cases raised questions about whether these cases generally deserved this extreme level of secrecy. One case was an employment dispute involving GEICO Insurance Company (No. 1CC131002053), and another case concerned disputes over the union nonprofit Unity House (No. 1CC000056396). At the request of the Law Center, the State Judiciary provided the case numbers for all regular civil cases filed in circuit court with a confidential flag since 2005.
On May 25, 2023, the Law Center moved to unseal files in another case. The motion was heard by Judge Kevin T. Morikone. Because of the unusual procedural history of the qui tam (false claims act) case, Judge Morikone held an initial hearing on June 27 after requesting supplemental briefing. On August 28, Judge Morikone granted the motion to unseal. No. 1CC131001252.
- Motion to Unseal (5/25/23)
- Supplemental Memorandum (6/20/23)
- Order Continuing Hearing on Motion to Unseal (7/3/23)
- Declaration of Counsel Regarding Service (7/12/23)
- State of Hawaii’s Position Statement (8/15/23)
- Order Granting Motion to Unseal (8/28/23)