Posted on: Tuesday, October 29, 2002

Voter league opposes amendment

Advertiser Staff

The Hawai'i League of Women Voters is recommending a no vote on the "information charging" Constitutional Amendment No. 3 that will be on the Nov. 5 general election ballot.

The ballot proposal deals with the way people are ordered to stand trial on felony charges in Hawai'i. At present, defendants can be brought to trial in one of only two ways: by a grand jury indictment or through a preliminary hearing.

The proposed amendment would authorize legislators to permit a third approach — called "information charging" — in which prosecutors would submit a statement, supported by affidavits of police officers or others, for a judge to determine whether there is sufficient evidence to send a felony suspect to trial.

The league has not taken a position on the substance of the proposed amendment, but said there are no procedural safeguards in place for implementing this method of charging defendants and therefore it is opposed to it.