Posted on: Friday, November 9, 2001

Rulings questioned in Felix decree case

By Jennifer Hiller
Advertiser Staff Writer

Hawai'i legislators planning to fight a federal court ruling in the Felix consent decree met for the first time this week with two assistant attorneys general assigned to the matter.

With the state's assistance, members of the joint House-Senate legislative investigative committee plan to challenge rulings by U.S. District Judge David Ezra, who has quashed several subpoenas issued by the committee.

Ezra has said the committee cannot force court appointees to testify because the appointees are covered by quasi-judicial immunity.

His rulings are 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 cost of special education has reached $300 million a year in Hawai'i.

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, said state Sen. Colleen Hanabusa, D-21st (Barbers Point, Makaha), the committee chairwoman. Hanabusa said the committee will wait to hear the advice of the attorney general's office before deciding what legal route to take and which rulings to challenge.