ACLU fights efforts to compel questioning

By David Waite
Advertiser Courts Writer

Lawyers for the American Civil Liberties Union are contending that the United Public Workers union has no right to information collected by the ACLU about conditions within the Hawai'i Youth Correctional Facility.

The UPW is trying to force Brent White, the former legal director for the ACLU of Hawai'i, to submit to questioning about his investigation into the alleged mistreatment of juveniles who are confined at the facility in Windward O'ahu.

White's findings included reports of rape, brutality and crowding at the facility. Gov. Linda Lingle in late August reassigned the facility's administrator and a corrections specialist pending a state criminal investigation in response to the ACLU report.

On Sept. 3, UPW lawyer Herbert Takahashi filed a "prohibited practices" complaint with the Hawai'i Labor Relations Board claiming the decision to allow the ACLU to investigate conditions within the youth facility violated the union's labor agreement with the state.

The labor board last week granted UPW's request to interview White and ask him questions under oath about his investigation and ordered that he be made to turn over documents related to the investigation.

In a response filed yesterday, ACLU lawyers Jeffrey Harris and Tamara Gerrard said the names of the juveniles White and his staff members talked to during the investigation and the information they provided have no "reasonable relationship" to the prohibited practices complaint filed by the UPW.

In addition, the ACLU lawyers said the information sought by the UPW would violate the attorney-client privilege between the youthful offenders and ACLU staff members, would violate First Amendment rights to free speech and would jeopardize the safety of the youths housed at the facility.

The board has scheduled a hearing on the matter for 3 p.m. Tuesday. If the UPW prevails, White is to be questioned the following day.

ACLU Executive Director Vanessa Chong said the UPW's actions are a threat to the youths who are being held at the facility.

"The safety of the juveniles who confided in us is our primary concern," Chong said. "The actions of the UPW only serve to put them in danger and further harass and oppress them," she said.

Takahashi could not be reached for comment yesterday.

Reach David Waite at dwaite@honoluluadvertiser.com or 525-8030.