Oahu judges stop issuing warrants for no-show victims
HONOLULU — Judges of the 1st Circuit Court on Oahu no longer will grant prosecutors’ requests to arrest subpoenaed victims if they fail to appear for pretrial hearings, court officials said.
Judges will not issue bench warrants when victims do not show up for one of several pretrial hearings for defendants in misdemeanor abuse cases.
Honolulu prosecutors have required victims to appear at most court hearings, saying their presence boosts the chances of reaching a plea agreement.
While being forced to see their abusers multiple times in court can be traumatic, victims claim it’s also a hassle. Court appearances typically require people to take off work, arrange for child care and deal with other inconveniences, such as parking downtown in Honolulu.
Bench warrants allow victims to be arrested and brought to court, but they don’t address the root of the problem, said Judge R. Mark Browning, the chief and administrative judge for the 1st Circuit Court.
Browning informed prosecutors about the change last month.
State reaches $10M settlement in special education lawsuit
HONOLULU — The state agreed to pay $10.3 million to settle a class-action lawsuit over a law that cut off public education for special needs students at age 20, in contrast to federal law.
Parents and legal guardians and the Hawaii Disability Rights Center filed the lawsuit in reaction to the 2010 state law.
A federal appeals court later ruled the state law violated the federal Individuals With Disabilities Education Act, which entitles disabled students to free appropriate public education until they turn 22.
The settlement will pay for educational and related services the 495 students who joined the class-action lawsuit should have received and reimburse their families for private services they paid for out of their own pockets.
The state Department of Education deposited $8.8 million into the settlement fund and is awaiting Gov. David Ige’s approval to take $1.5 million from its special education and student support budget for the rest.
A portion of the settlement money will be used to cover attorney fees, administrative support for the settlement fund’s administrator and other costs.
Students can receive up to $20,000, according to the terms of the settlement.
Meredith Miller of the Honolulu law firm Alston Hunt Floyd & Miller, who was one of the lawyers who represented the plaintiffs, said they can use the funds to pay for occupational services and therapy, adaptive equipment, GED support, community college classes and job and independent life skills training and education.
Checks will be given directly to the providers of the qualifying services, Miller said.
To receive reimbursement, parents and guardians must present supporting documentation for services that were already provided and paid for, Miller said.
