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The Honolulu Advertiser
Posted on: Wednesday, October 7, 2009

Family Court must offer access in town

The Family Court, one of the busiest functions of the state Judiciary, plans a move to Kapolei next spring, which makes good sense on several levels: accommodations for essential youth services, a location in the fastest-growing part of O'ahu and a Campbell Estate site that ended up costing the state little.

But there are also compelling reasons for maintaining a significant function in the Honolulu court facility: Residents living closer to Honolulu, still the primary urban center, should have access to court services in the current Downtown site when the court relocates.

The new courthouse is being built with a stipulation that town-side access will be kept, and the Judiciary needs to be held to that.

When construction of the project was funded four years ago, the bill included a budget proviso requiring a presence in Honolulu for the Family Court. Unfortunately, that presence was never clearly defined, and now some attorneys are worried it won't meet the urgent needs of residents of the island's eastern communities.

Officials of the state Judiciary say people will be able to file documents in Honolulu and have committed to retrofitting two courtrooms for videoconferencing. This means parties in a legal action would be able to make their appearance in town, even though all the judges will be in Kapolei.

Budget cuts may postpone plans for a part-time judge in town to handle emergency cases. But in this electronic age, the video conferencing ought to take care of the demand for the short term, while state spending is curtailed.

It's good news that the critics have dropped plans to file a legal challenge of the move: There should be no need for such a complication.

But there is a need for further clarity from lawmakers about how the Honolulu facility should function.

This session, legislators overseeing the project's funding need to set minimum standards for services to be offered in town.

Family Court deals with matters that often compel sudden and repeated appearances. It makes a difference, say, to parents working in Waikiki to be able to make a court date on a matter concerning their family.

Adequate access to the courts is a basic right, and the Judiciary should be firm and transparent about precisely how and when these essential services will be provided to all.