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WATLAND v. LINGLE

No. 25487.

85 P.3d 1079 (2004)

104 Hawai`i 128

A. Joris WATLAND, Eric Gene Schneider, David Atkin, George Atkins, Sherrie Austin, Norman Vernon Bode, Gene Bridges, Richard Burnham, Heather Conahan, Mimi Desjardins, Mark Ewald, Tom Faught, Janine Hearne, John Hearne, Mel R. Hertz, Holly Huber, Wendy Hudson, Robert W. Jackson, Mitch Kahle, Ronette M. Kawakami, Michelle Lau, Pamela Lichty, Philip Lowenthal, Andrea Haksoon-Low, Leilani V. Lujan, Lynn Lundquist, Graham Mottola, Kate Murphy, Paula F. Myers, Susan Nakama, Emanuel B. Ocha, Wilfred Mitsuji Oka, Daniel W. Petersen, Barry Porter, Catherine E. Pruett, Eleanor C. Quemado, Bob Rees, Louis Rosof, Jerry Rothstein, Stephen Sawyer, Mary Anne Scheele, Raymond L. Scheele, Patrick Y. Taomae, Mary Lee Tsuffis, Christopher A. Verleye, David S. Wiltse, and Brenda Whitmarsh, Plaintiffs, v. Linda LINGLE, Governor of the State of Hawai'i, in her official capacity; Dwayne D. Yoshina, Chief Election Officer for the State of Hawai'i, in his official capacity; and Ken H. Takayama, Acting Director of the State of Hawai'i Legislative Reference Bureau, in his official capacity, Defendants.

Supreme Court of Hawaii.

As Clarified March 19, 2004.

Attorney(s) appearing for the Case

Brent T. White and Lunsford Dole Phillips (of the American Civil Liberties Union of Hawai'i Foundation), Honolulu, on the briefs, for plaintiffs.

Aaron H. Schulaner, Russell A. Suzuki, and Charleen M. Aina, Deputy Attorneys General, on the briefs, for defendants.

Charlene M. Aina, Deputy Attorney General, for State Defendants, on the motion.

Susan K. Dorsey and Lunsford Dole Phillips (of American Civil Liberties Union of Hawai'i), Honolulu, for plaintiffs, in response.

MOON, C.J., LEVINSON, and NAKAYAMA, JJ.; Intermediate Court of Appeals Chief Judge BURNS, Assigned by Reason of Vacancy; and ACOBA, J., concurring separately.

Opinion of the Court by MOON, C.J.

This original proceeding concerns the interpretation of article XVII, sections 2 and 3 of the Hawai`i Constitution, which set forth specific procedures governing the amendment and ratification of proposed constitutional amendments. The plaintiffs, forty-six residents and registered voters in the State of Hawai`i, challenge the validity of a constitutional amendment authorizing the initiation of felony prosecutions by written information...

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