In re Office of Information Practices Letter No. F16-01

An individual who appealed to the Office of Information Practices for assistance on a Sunshine Law issue, but then disagreed with OIP’s decision, sued OIP asking for judicial review of the decision.  OIP argued that only government agencies, not individuals, have the right to judicial review under the Sunshine Law.  After the circuit court agreed with OIP and dismissed the case, the individual appealed and asked the Hawaii Supreme Court to take the case on an application for transfer.  The Law Center sought leave to file an amicus curiae–friend of the court–brief supporting that request.  No. SCAP-16-0000568.  After the Supreme Court denied the application for transfer, the Law Center sought and was granted leave to file an amicus curiae brief with the Intermediate Court of Appeals.  No. CAAP-16-0000568.  On May 31, 2019, the ICA affirmed the circuit court’s decision.  The individual sought review by the Hawaii Supreme Court, and the Law Center supported that effort.  On June 16, 2020, the Hawaii Supreme Court held that individuals who appeal to OIP may seek judicial review of an adverse OIP decision.  No. SCWC-16-0000568.