STATE v. HOSHIJO EX REL. WHITE

No. 22379.

76 P.3d 550 (2003)

102 Hawai'i 307

STATE of Hawai'i, University of Hawai'i; and Rob Wallace, Appellants-Appellants/Cross-Appellees, v. William D. HOSHIJO, Executive Director, on behalf of the complaint filed by Eric WHITE, and the Civil Rights Commission, State of Hawai'i, Appellees-Appellees/Cross-Appellants.

Supreme Court of Hawaii.

September 12, 2003.


Attorney(s) appearing for the Case

Russell A. Suzuki, Deputy Attorney General, State of Hawai`i, on the briefs, for Appellant-Appellant State of Hawai'i University of Hawai`i.

John Ishihara (Hawai'i Civil Rights Commission), Honolulu, on the briefs, for Appellees-Appellees/Cross-Appellants William D. Hoshijo and Hawai'i Civil Rights Commission.

Edward C. Kemper (Kemper & Watts), Honolulu, on the briefs, for Amicus Curiae The American Civil Liberties Union of Hawai'i Foundation.

LEVINSON, ACOBA, JJ., and Circuit Judge AUGUST, Assigned by Reason of Vacancy; and NAKAYAMA, J., Dissenting, with whom MOON, C.J., Joins.


Opinion of the Court by ACOBA, J.

We hold that when reviewing a decision of the Hawai'i Civil Rights Commission (HCRC) the standard of review, pursuant to Hawai'i Revised Statutes (HRS) § 368-16(a) (1993), for the circuit court to apply, is de novo review. On appeal from the circuit court's decision, pursuant to HRS § 368-16(d) (1993), this court applies the same standard of review applicable to all other appeals from the circuit court. Accordingly...

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