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The Honolulu Advertiser

Posted at 12:08 p.m., Wednesday, January 22, 2003

Justice system not broken, chief justice says

By Lynda Arakawa
Advertiser Capitol Bureau

While the state's Judiciary system is sound, ensuring that the public has a positive view of the justice system is a challenge, Hawai'i Supreme Court Chief Justice Ronald Moon said today in his State of the Judiciary address.

"Judging from the results of numerous public opinion polls and surveys, the perception of much of the public seems to be that the justice system is broken," Moon said in the Senate chambers. "I want to assure you that it is not; however, I recognize that reality is what the public thinks is real. And, oftentimes, the public thinks that the justice system could be fixed if judges would just do what the people want."

Moon said in addition to remaining independent and making decisions based on facts of the case and the law, all branches of government should work together to address "popular misconceptions of the court."

Moon clarified a reference Gov. Linda Lingle made in her State of the State address yesterday, in which she said that the Hawai'i Supreme Court had ruled a worker fired for stealing could receive compensation for stress.

"Unfortunately, whoever provided the governor with the information regarding the Supreme Court's ruling was totally wrong," he said, adding that he understands it was not Lingle's intent to undermine the Legislature or the Judiciary and that the governor graciously acknowledged the error.

But he said, "This recent incident, even though unintended, illustrates the importance of the public receiving accurate information in order to avoid formulating misconceptions about our justice system."

In a press release this morning, Lingle said the worker in question was fired for insubordination, and that she apologized to Moon and the Judiciary for her error.

Moon mentioned various ways the court system is working to address such misconceptions, including efforts with juvenile detainees, "drug court," and public educational programs.

He said over the past five years the Judiciary has achieved great success with its drug court program, which gives nonviolent offenders a chance to avoid jail by participating in strictly supervised substance abuse treatment. Moon said based on the positive results of the O'ahu's drug court program the Judiciary has established adult drug court programs on Maui and the Big Island, and efforts are under way to start a program on Kaua'i.

Moon also noted the Hawai'i Juvenile Drug Court program held its first commencement ceremony for eight juvenile offenders in September.

He also said because of an increase in cases involving defendants who suffer from mental illness, the Judiciary is seeking a federal grant to establish a mental health court in Hawai'i.