Under the Sunshine Law, Public First challenged the actions of two State boards that each hired–entirely behind closed doors–a top official to run important government functions.  On August 8, 2023, the Board of Directors for the Agribusiness Development Corporation secretly selected an Executive Director to manage the millions of dollars in taxpayer funds and land.  On November 2, 2023, the Defender Council secretly selected the State Public Defender, who coordinates the fair administration of criminal justice in Hawai`i by managing all public defenders.  Public First alleges that the secretive hiring process employed by these boards—conducting interviews, deliberations, and selection in closed sessions—violated the Sunshine Law as already interpreted by the Hawai`i Supreme Court.  In reviewing the work of these government boards, Public First also noticed other areas of serious concern that impact the public’s ability to understand how these boards operate.

The case is before Judge Jordon J. Kimura.  No. 1CCV-24-50.  On May 20, Judge Kimura granted Public First’s motion for summary judgment on its declaratory relief claims against the Defender Council.  The Defendants then settled most other claims.  A further hearing will take place on July 29 regarding whether an OIP opinion–about one of the executive sessions by the Agribusiness Development Corporation Board–is “palpably erroneous”.  The Agribusiness Development Corporation Board is in the process of disclosing additional information from its hiring process and executive sessions.

• Complaint (1/10/24)
• Answer (2/28/24)
• Motion for Partial Summary Judgment regarding Defender Council with Declaration and Exhibits (10/23/24)
  • Defendants’ Opposition (11/15/24)
  • PFLC Reply (11/20/24)
  • Order Granting in Part and Denying in Part Motion (12/5/24)
• Motion for Partial Summary Judgment regarding Agribusiness Development Corporation with Declaration and Exhibits Part I and Part II (10/23/24)
  • Defendants’ Opposition (11/15/24)
  • PFLC Reply (11/20/24)
  • Order Denying Motion (12/5/24)
• Second Motion for Partial Summary Judgment regarding Agribusiness Development Corporation with Declaration and Exhibits 22-28, 29-30 (3/25/25) [withdrawn after settlement]
  • Defendants’ Opposition (5/1/25)
  • PFLC Reply (5/6/25)
• Second Motion for Partial Summary Judgment regarding Defender Council with Declaration and Exhibits 29-30, 31, 32-34 (3/25/25)
  • Defendants’ Opposition (5/2/25)
  • PFLC Reply (5/6/25)
  • Order Granting Plaintiff’s Motion for Summary Judgment (5/20/25)
• Agribusiness Development Corporation Board’s Motion for Partial Summary Judgment and Additional Exhibits (5/5/25) [withdrawn after settlement]
• Stipulation and Order Regarding Counts X – XIII and Remedies (7/3/25)
  • Order (regarding in camera review of minutes) (7/17/25)
• Third Motion for Partial Summary Judgment regarding Agribusiness Development Corporation (7/11/25)
• Agribusiness Development Corporation Board’s Second Motion for Summary Judgment and Appendices (7/11/25)