Legislators seek legal help in Felix case
By Alice Keesing
Advertiser Education Writer
Signaling their intent to fight a federal court ruling in the Felix consent decree, legislators yesterday told the state attorney general they want a lawyer to represent them in the case.
Yesterday's closed meeting between Attorney General Earl Anzai and the joint House-Senate legislative investigative committee came two days after U.S. District Judge David Ezra quashed a subpoena issued by the committee.
Ezra said the committee could not force Judith Schrag to appear because she is a court appointee and covered by quasi-judicial immunity. Schrag formerly worked with court monitor Ivor Groves, assisting state efforts to improve special education services as required by federal law.
Ezra's ruling was the latest in a series of skirmishes between the court, which is overseeing state efforts to improve the special education system, and the Legislature, which is investigating allegations of misuse of money and conflicts of interest.
"The committee does not believe we should simply sit back and take it, what the court has said about us," said Sen. Colleen Hanabusa, committee co-chairwoman. "We believe very strongly about what we're doing."
But Hanabusa, D-21st (Barbers Point, Makaha), said the committee has no legal standing in the Felix case. Two deputy attorneys general represent the Department of Education and Deparment of Health, but that leaves other branches of state government without a voice, she said.
"(The attorney general's office) owes us representation as well, we're part of the state," she said.
Hanabusa said she expects Anzai to make a decision by early next week. The committee will then decide how to respond to Ezra's ruling.
With representation from the attorney general, the committee can enforce its subpoenas or appeal Ezra's ruling in either state court or the 9th U.S. Circuit, she said.
The committee expects to produce a draft report of its findings by late November or early December. The report will be presented to the Legislature 20 days before the beginning of the next session.
Meanwhile, Ezra is expected to rule Nov. 30 on whether he will appoint a receiver over the special education system.
Reach Alice Keesing at akeesing@honoluluadvertiser.com or 525-8014.
