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 December 7, 2023, the Law Center moved to unseal files in another case, M.K. v. S. Lawrence Schlesinger, M.D., FACS. On May 28, 2024, Judge Gary W.B. Chang denied the motion to unseal. On July 22, the Law Center filed a petition for mandamus, requesting review by the Hawaii Supreme Court. No. 1CCV-19-2164. No. SCPW-24-484.
- Motion to Unseal (12/7/23)
- Notice of Ex Parte Communication (12/8/23)
- Motion for Reconsideration (12/18/23)
- Defendants’ Opposition to Motion for Reconsideration (1/8/24)
- Reply in Support of Motion for Reconsideration (1/16/24)
- Order Setting Oral Hearing (2/13/24)
- Order Denying Motion to Unseal (6/21/24)
- Petition for Writ of Prohibition and Writ of Mandamus and Declaration (7/22/24)