The high court reversed a 2004 decision by a state judge who threw out a lawsuit by the late political commentator Robert Rees and the American Civil Liberties Union of Hawai'i.

The suit challenged Carlisle's use of city resources to push for the amendment that makes it easier for prosecutors to send certain felony cases to trial.

In its 29-page opinion, the high court ruled that Circuit Judge Robert Chang erred in not finding that Carlisle's actions violated the federal and state constitutions.

"It's a great victory for the people because it says elected officials cannot abuse their position by using public funds and public resources to promote constitutional amendments. This gives the government an unfair advantage," Earle Partington, a volunteer ACLU lawyer who argued the case, said.