Kona needs a courthouse
On March 11, I, among others, provided testimony on behalf of the Hawaii State Bar Association before the state Committee on Finance regarding the sub-standard conditions of the existing Kona courthouses. At issue was House Bill 290, which proposed to appropriate the remaining $55 million needed to build the new Kona Judiciary Complex in West Hawaii.
As some of you might know, West Hawaii court proceedings are currently held at three separate locations within buildings that were never designed to function as a place to conduct judicial affairs. Rather than a clearly discernible, centralized, sufficient space for its legal matters, most of the people of West Hawaii have been funneled through the undersized Keakealani Building within the old Kona Hospital, which has been repurposed to function as both West Hawaii’s Circuit Court and District Court over the past few decades. Although utilization of the old hospital premises has allowed the state to save money in the short term, this restrictive and inappropriate setting has created an environment which attorneys, jurors, witnesse, and families are forced to congregate in tight hallways and limited waiting spaces with adversarial parties. Because of these conditions, public safety and attorney-client confidentiality can easily be compromised.
Aside from civil proceedings, the design of the current Kona facility prevents adequate security for the adjudication of criminal matters. Specifically, the holding cells within the repurposed hospital aren’t as secure as they need to be. Just last January, a woman escaped from the Kona courthouse by slipping through a gap between the bars and the wall at the Keakealani Building. Moreover, the resources needed for proper supervision of West Hawaii detainees are thinly spread across the three locations, which comprise the Kona court system — the Family court, located at 77-6399 Nalani St.; the District Court and Division 4 Circuit Court, located at 79-1020 Haukapila St.; and the Division 3 Circuit Court, located at 81-940 Halekii St. The exigencies of this three-headed system have already been exposed. A few years ago, a criminal defendant facing multiple charges in both Circuit and District Court was mistakenly released when her District Court matter was dismissed, despite the Circuit Court’s directives to keep her detained. These issues, when coupled with the increasing caseload from the developing Kona, Ka‘u, North Kohala and South Kohala districts, underscore the necessity for the consolidated Kona Judiciary Complex.
The new Kona Judiciary Complex will embody the essential principles of openness and fairness that represent the foundation of our justice system, while also providing adequate public access and security. It is unacceptable that the West Hawaii public has been deprived of such a judicial facility so commonly afforded to citizens all across the country.
Thankfully, the leadership of Chairwoman Sylvia Luke, as well as the other members of the House Finance Committee, has shown the foresight to pass the requisite funding to see the Kona Judiciary Complex come to fruition. Now, the next hurdle is Senate ratification. I encourage readers of this piece to contact your state senators to voice support for this proposed legislation, as the residents of West Hawaii deserve it.
Gregory K. Markham
Hawaii State Bar Association president
Honolulu