The Circuit and Family courts will not hold trials or hearings on Oahu involving defendants in custody in about three weeks because sheriff deputies who transport the defendants and who secure courtrooms will be providing security for the Asia-Pacific Economic Cooperation conference, state officials said.
Judges have already been telling lawyers to pencil out any trials for the week of Nov. 7.
President Barack Obama, 20 other heads of state and thousands of attendees are scheduled to be on Oahu for the Nov. 7-13 APEC meetings.
In addition, demonstrators arrested during protests and anyone else arrested in the Honolulu area during the APEC meeting will have their cases heard in District Court in Kaneohe instead of downtown Honolulu.
The state Judiciary said it is planning the temporary change in venue Nov. 8-14, "to ensure due process of law and that court hearings are conducted in a safe and secure environment."
The Judiciary says it is finalizing the details of the plan with the Honolulu Police Department, the city Department of the Prosecuting Attorney, the state Office of the Public Defender and the state Department of Public Safety. The Judiciary will announce the plan this week.
The reason for the move is to accommodate large numbers of arrests of protesters, said Public Defender Jack Tonaki.
"We’re preparing for it but hoping it doesn’t take place," he said.
The Judiciary chose the Kaneohe Courthouse because it is the newest and most modern district court and will handle cases faster. Court officials also said its cellblock has the capacity to accommodate large numbers of people.
The Kaneohe Courthouse will have expanded hours. Police will transport suspects from wherever they have them in custody to Kaneohe. If they are to remain in custody after their court hearings, state sheriff deputies will transport them to Oahu Community Correctional Center, said Toni Schwartz, Department of Public Safety spokeswoman.
If defendants are released from custody in Kaneohe, they will have to find their own transportation back to Honolulu.
"They may have to catch the bus to town," Tonaki said.
Circuit Court Chief Judge Derrick Chan said he doesn’t know how much of a difference not having trials for a week is going to have on cases.
When the Judiciary was forced to close for furloughs twice per month, the chief justice issued an order excluding the furlough days from speedy trial computations. Prosecutors have six months to bring a defendant to trial after charging him with a crime. So far there has been no such order for APEC week.
If there is no order, defendants may argue to include APEC week in their speedy trial computations, Tonaki said.