The state House of Representatives has the consensus necessary to move forward with a special session of the Legislature to address the Hawaii Supreme Court ruling that preliminary hearings are not a lawful method for charging major felonies including murder.

In a letter to Senate President Ron Kouchi and all House members obtained by the Honolulu Star-Advertiser, House Speaker Scott Saiki informed senators that over two-thirds of House members agree to convene a special session to address the State v. Obrero decision handed down by the Hawaii Supreme Court Sept. 8.

“I have asked Representative Mark Nakashima to work with Senator Karl Rhoads to jointly propose a bill that can be acted upon,” wrote Saiki. “Moreover, to minimize immediate impact of the Hawaii Supreme Court’s decision, the House proposes that the special session convene as soon as possible. I will forward a propose special session schedule for your review…The general public wants the Judiciary and the Legislature to resolve this matter. I will work with you and the Judiciary to determine the best course of action.”

A special session of the Legislature may be unilaterally convened by the governor or if two-thirds of the House and Senate agree it is needed. Last week, both Gov. David Ige and Kouchi said a special session was not likely.

However Kouchi told the Star-Advertiser in a statement this afternoon that now that the House has finally communicated an interest in convening a special session, he will formally re-engage with members to determine if the Senate also has the two-thirds majority needed to convene.

“Finding consensus with our House colleagues and the four county prosecutors on language for a proposed bill that will address the issues raised in State v. Obrero will be critical in determining our next steps,” said Kouchi.

In the Obrero decision, the Supreme Court justices ruled that prosecutors who fail to obtain a grand jury indictment against a suspect cannot rely on alternatives such as information charging or a preliminary hearing to file felony charges.

County prosecutors are unified in their position that public safety is put at risk by the Sept. 8 high court decision, and that nearly 400 felony cases statewide are affected. The Hawaii State Judiciary is increasing grand jury panels in each county to deal with impacted cases created by the ruling.