Advanced Legal Studies

Democracy depends on the free flow of information.  Hawai’i’s open meetings and public records laws have long stated that “[o]pening up the government processes to public scrutiny and participation is the only viable and reasonable method of protecting the public’s interest.”  HRS §§ 92-1, 92F-2.  This course reviews circumstances in which a Board or agency has limited public access to a meeting or not disclosed a government record based on an assertion of significant privacy interest or another statutory exception.  These situations include, for example, requests for disciplinary records of police officers resulting in suspension or discharge, investigative records relating to a person’s alleged wrongdoing, and county budget documents.   In addition, this course addresses public access to records or proceedings of the legislative and judicial branches to which other legal principles are applied, involving such issues as informed notice of proposed legislation, sealing of court records, and closing of courtroom proceedings.