Third Felix case official subject of subpoena
By Alice Keesing
Advertiser Education Writer
Attorneys in the Felix consent decree are threatening to ask the federal court to block another subpoena issued by legislators for their investigation into the cost of special education.
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In July, U.S. District Judge David Ezra quashed the subpoenas for two other witnesses — court monitor Ivor Groves and Felix Monitoring Project Executive Director Juanita Iwamoto — ruling that they are protected by quasi-judicial immunity.
Judge David Ezra overruled earlier subpoenas.
Now, the joint House-Senate Felix investigative committee has issued a subpoena for Judith Schrag. Felix attorneys are arguing that she is protected by similar court protection.
Schrag was a member of a technical assistance panel that was set up to help the state comply with the courts' orders. The committee has called her to testify next month, but plaintiff attorneys Eric Seitz and Shelby Anne Floyd have signaled that they will attempt to have that subpoena quashed if the committee does not agree to limit the scope of the questioning.
In a letter sent yesterday to the committee's special counsel, Seitz and Floyd offered to meet to resolve the issue. If there is no resolution by tomorrow, they said they would "bring (the issues) to the court's attention."
Matters surrounding the Felix consent decree have become increasingly litigious as legislators have pursued their investigation into questions of conflicts of interest and misuse of money in the Felix consent decree.
In return, Seitz has criticized the investigative committee for being overly broad and "disruptive" to efforts to improve services.
Committee co-chair Rep. Scott Saiki said the move to quash the subpoena for Schrag was expected. He and other committee members have yet to consider the offer to meet and discuss the matter, he said.
Meanwhile, the committee is considering issuing another subpoena for Groves, said Saiki, D-20th (Kapahulu, Mo'ili'ili). After investigating the monitor's role, Saiki said he believes that not all of Groves' actions should be covered by judicial immunity, and the committee may try to argue its case before Ezra.
Hawai'i's special education system has been under federal court oversight since 1994, when the state signed the consent decree, agreeing to improve services to children with mental health needs. The state must satisfy several court mandates by Nov. 1 or risk a federal court takeover of the special education system.
Reach Alice Keesing at akeesing@honoluluadvertiser.com or 525-8014.
