MARSLAND v. FIRST HAWAIIAN BANK

No. 12529.

764 P.2d 1228 (1988)

Charles F. MARSLAND, Jr., in his official capacity as Honolulu Prosecuting Attorney, Movant-Appellant, v. FIRST HAWAIIAN BANK, Party-in-Interest-Appellee.

Supreme Court of Hawaii.

November 14, 1988.


Attorney(s) appearing for the Case

Peter Van Name Esser, Deputy Pros. Atty., Dept. of Pros. Atty., Honolulu, for movant-appellant.

William C. McCorriston (Scott G. Leong, with him, on the brief), Honolulu, for party-in-interest-appellee.

Before LUM, C.J., and NAKAMURA, PADGETT, HAYASHI and WAKATSUKI, JJ.


LUM, Chief Justice.

The issue presented in this appeal is whether the Prosecutor has the authority to issue administrative subpoena duces tecum, pursuant to Honolulu Charter § 13-114, to banks and other financial institutions for records relating to persons who will "more probable than not" be the subject of a criminal adjudication within the meaning of HRS § 28-2.5. In denying the Prosecutor's Motion to Compel Production of Documents, the lower court ruled...

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