honoluluadvertiser.com

Sponsored by:

Comment, blog & share photos

Log in | Become a member
The Honolulu Advertiser
Posted on: Tuesday, January 8, 2002

Ezra to handle motion in Felix probe

By Jennifer Hiller
Advertiser Education Writer

Federal Judge David Ezra will continue to preside over all matters dealing with the Felix consent decree despite a move by the House-Senate investigative committee to have him disqualified.

Federal Judge Samuel King yesterday denied a request by attorneys for the Legislature's investigative committee that Ezra be removed from reconsidering their subpoena of Judith Schrag, a former court employee.

Ezra had said the committee could not force Schrag to testify because she is covered by quasi-judicial immunity. Schrag formerly worked with court monitor Ivor Groves, assisting state efforts to improve its services in special education.

King said the legislative committee, which is not a party to the Felix case, lacked the standing to ask for Ezra's disqualification. King, suggesting that it would be highly unusual to disqualify a judge on only a portion of a lawsuit, said committee members possibly could ask Schrag to answer written questions. However, committee members have said that would not be acceptable.

"Well, all the parties don't seem to have a problem," King said. "There seems to be an ego problem with your committee."

Afterward, state Sen. Colleen Hanabusa, D-21st (Wai'anae, Ma'ili, Makaha, Nanakuli), said the Legislature is not willing to treat any witnesses differently than others who have testified. "We are trying to ask these difficult questions that have not been asked before," Hanabusa said. "It's the state's money. We've paid for it."

Hawai'i's special-education system has been under federal court oversight since the state signed the Felix consent decree in 1994, agreeing to improve services as required by law.

Ezra's ruling to quash several legislative subpoenas was one 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.

Ezra has said the Legislature's investigation approaches obstruction of justice and has compared its proceedings to the McCarthy hearings of the early 1950s to identify alleged communists and communist sympathizers.

Legislators, calling the comparison outrageous, said they have a right to question how state money is being spent.

Committee members, who say they have been blocked from doing their work by the federal court and uncooperative state agencies, will ask the full Legislature in January to authorize an extension of their investigation.

Reach Jennifer Hiller at jhiller@honoluluadvertiser.com or 525-8084.