Posted on: Saturday, February 19, 2005

High court backs opening of probate proceedings

By Ken Kobayashi
Advertiser Courts Writer

The Hawai'i Supreme Court declared for the first time yesterday that probate court proceedings should be open to the public.

But the court's declaration came in a decision that denied an appeal by the Honolulu Star-Bulletin and KITV seeking to challenge a judge's ruling that closed Campbell Estate records and hearings.

The high court, however, said it would consider a writ from the news organizations that would open the Campbell records.

Evan Shirley, lawyer for the two media organizations, said he plans to file the writ.

The unanimous 31-page decision written by Associate Justice Simeon Acoba is the latest ruling by the high court emphasizing that court proceedings should be open to the public unless there is a strong reason for closure. The decision makes clear the doctrine now applies to probate proceedings.

Shirley hailed what he said was the court expanding the openness of criminal court cases to civil cases.

But he expressed frustration over the court having the appeal for several years, then saying the appeal was not the correct way to challenge Circuit Judge Colleen Hirai's 2001 closure rulings.

He said the high court in 2001 had earlier rejected his request for a writ of mandamus that would have directed the judge to open the records. He proceeded with the appeal. He said the court is now saying it will hear a request for a writ of prohibition, which would direct the judge not to close the records.

The two writs, he said, are like a "brother and sister."

"It's maddening," Shirley said.

Katherine Leonard, one of the estate's lawyers, would not comment.

Campbell Estate was established in 1900 by 19th-century Hawai'i businessman James Campbell. It grew to be worth more than $2 billion and became the second-wealthiest trust in Hawai'i. Under terms of the will, the estate will terminate in 2007.

Reach Ken Kobayashi at 525-8030 or kkobayashi@honoluluadvertiser.com.