Hawaii Attorney Lawyer

A year ago, the wife of the University of Hawaii football coach June Jones complaint filed, a legal separation from their husbands and custody for their children.A few years before Al et April Masini, high society rich torque Hawaii’s television industry, went for the courts to divorce.

More than a decade before the wife of prominent Honolulu attorney David Schutter complaint is scheduled for the end of their marriage.

In addition to the celebrities factor, three cases have something in common.

Since you sealed by the Tribunal.

This does not mean only, but they are confidential, that governments demonstrate their existence basically has been eliminated.

Activate the Civil Service, the Tribunal computer disks and on-line system and you will receive Zilch.

You can not know whether any cases have been submitted.

You can not know what they have become.

It can not even be a case number or names of stakeholders, the most basic information in a court document.

It seems that cases never existed, the Court of the elimination of all markers identifying public access.

Just try to find out whether a divorce was granted - As a general rule, public information routine - requires the presentation of a specific request to the judges in these cases super-secret.

The demand, of course, you can be refused.

But the recordings of Hawaii’s other cases of divorce, thousands of them usually less prominent of the State and less affluent, are open for the world to see warts and all.

Here and experts on land, the Tribunal has requested permission-no-trace policy behind surprising if at least some other countries, including California, in practice.

“It seems incredible,” University of Hawaii Jura Randy said Professor Roth. “I think this is a terrible idea.”

Despite the fact that the practice is rarely used in Hawaii, it has mainly benefited the wealthy, often do not want others to know the extent of his wealth, or do not want companies to learn from competitors secrets or other sensitive information.

“Many of these people have lots of money and do not want people to know how it is high,” said Brad Coates, Senior Partner of Coates & Frey, the largest family of Hawaii law firm.

For simple divorces, lawyers, only a few hundred dollars for filing a motion to request status of super-secret, but the cost of the rule increases with the complexity of the case.

People who do not often or little money to seek confidentiality or maintenance services on these little secret.

“Everybody did not file PS of these movements,” said Nigel Coates.

This leads to such practices tend to emphasize the common knowledge that the rich and powerful have a separate system of justice that most people have no access to equality.

“It’s a legitimate concern,” said Tom Stirling, practice family law for over 30 years in Hawaii.

There are also fears that the Tribunal a decision can be implemented without more, if a case is sealed or a judge can demonstrate, for the leadership of a party. Indeed, nobody can observe from outside, which sealed, so that any judge’s decision can be verified later in the proceedings if it is suspected abuse.

Houston lawyer J. Lindsey Kurz, president of the American Academy of Matrimonial Lawyers, said in his 35 years practicing family law, he has never heard of a case of divorce completely sealed emergency areas of public sector record.

“It’s very difficult,” said Short. “I can not imagine that the practice a trend towards a certain way, shape or form in this country.”

Donald Schiller, former president of the American Bar Association’s Section of family law and head of the nation’s largest matrimonial law firm, Chicago and Schiller DuCanto spot, there are reasons for sealing cases, particularly concern today about the safety of persons, identity theft and others.

Divorce records usually contain social insurance numbers, home addresses, bank account, data and other sensitive information falling into the wrong hands, can be used to cause harm.

But Schiller, like other experts, there are opportunities for protection of sensitive information, everything stops, without a public. “It’s simply the case of system seems to go beyond, appropriate protective measures,” he said.

Marsha Kitagawa, a State of Hawaii said the spokesman justice divorce cases are rarely sealed. Only four countries, folders of 5647 within 12 months the period between now and June were sealed.

Kitagawa said that justice is trying to achieve a balance between public access to documents and protection of citizens’ privacy and security.

“In general, Court records, including divorce, is considered available to the public,” she said in a written statement. “But neither the State of Hawaii statutes our Constitution guarantees free access to all court records.

Number of cases and parties on behalf of all files and sealed cases which are confidential by law, such as adoptions are not available on justice public access to data in the system, “said Kitagawa. “It is a practice that has existed for a long time on the basis of a decision on” mad on the side of caution in handling the introduction of instant and widespread electronic access to court records, “she wrote .

The judges have considerable leeway to determine whether a seal. They could all seals, including a party or anything. During hearings to discuss these issues, but it does tend to discuss the public has a right to know.

Unlike the practice in many other countries, procedure divorce same cases is not sealed, are closed to public, staff say people in Honolulu judge in family matters, consulting. The Administrative Tribunal, but said the Star-Bulletin, that the procedure is not closed to the public, but pointed out that the Court of rooms are small.

In Jones, and Masini Schutter case, the Star-Bulletin could not determine why these files have been sealed because, like everyone else to them, the judges “were the markets are not part of public sector record.

Jones, the lawyer Diane K. Jones and a representative of Schutter does not respond to requests for comment and Al Masini could not be reached.

April Masini said she did not know the reasons for the closure of his case. While the finding of her marriage with Al Masini friendship ended, she said, “Our terms of their divorce and had nothing to do with other people and there is absolutely nobody else matters.”