EDITORIAL
Outside audit could help our Family Court

Given the nature of its work, it's no wonder the Hawai'i Family Court has more than its share of disgruntled "customers."

By its nature, Family Court deals with what are often unhappy matters: divorce, custody battles, child support. Almost every case will leave one party or the other (sometimes both) unhappy with the result.

And they often take their anger, hurt or disappointment out on the system.

So a lot of the criticism one hears of the Family Court and its operations has to do with the very environment it works in. Family Court judges do their honest best to work out difficult situations with the least harm to the individuals involved — particularly and most importantly the children.

Still, a legislative demand for an outside audit of the court and its practices appears warranted. Court officials say they are confident the Family Court is working well, that an internal appeals system is adequate to deal with complaints and that an audit is not needed.

All that may be true. But an outside audit would accomplish at least two things:

• If there are problems with systems, procedures or policies, the Judiciary will have the benefit of an outside, presumably unbiased view of those problems and their potential solutions.
• If the system is generally working well, the audit will demonstrate that fact to the public and to families who must make use of the court's services. This would serve as a confidence-builder for Family Court "customers" and an affirmation for the Judiciary.

There is a nuance here that must be watched carefully, however. The Legislature has asked State Auditor Marion Higa to conduct the outside review. That's proper, because Higa is the "state" auditor, representing the people in general.

But this must not be seen as a case of the Legislature specifically telling the Judiciary how to conduct its business. That treads close to the separation-of-powers line.

A legitimate, objective outside audit, however, could be a useful tool for the Judiciary, Family Court clients and the public.