OAHU PUBLICATIONS INC. v. AHN

No. SCPW-13-0003250.

331 P.3d 460 (2014)

133 Haw. 482

OAHU PUBLICATIONS INC., dba The Honolulu Star-Advertiser, a Hawai`i corporation, and KHNL/KGMB, LLC, dba Hawai`i News Now, a Delaware corporation, Petitioners, v. The Honorable Karen S.S. AHN, Circuit Court Judge of the Circuit Court of the First Circuit, Respondent Judge, and The State of Hawai`i and Christopher Deedy, Respondents.

Supreme Court of Hawai`i.

As Corrected August 5, 2014.


Attorney(s) appearing for the Case

Jeffery S. Portnoy and John P. Duchemin , Honolulu, for petitioners.

Robyn Chun and Charleen M. Aina , Honolulu, for respondent judge.

Janice T. Futa , Brook Hart , Margaret C. Nammar , and Thomas M. Otake , Honolulu, for respondents.

Robert Brian Black , for amici.

RECKTENWALD, C.J., NAKAYAMA and POLLACK, JJ., Circuit Judge BROWNING in Place of ACOBA, J., Recused, and Circuit Judge KUBO in Place of McKENNA, J., Recused.


Opinion of the Court by POLLACK, J.

This case requires us to address the procedures that a court must undertake to protect the constitutional right of the public to attend criminal trials while also protecting a defendant's potentially countervailing constitutional right to a fair and impartial jury. Additionally, we address the procedures that a court is required to follow before denying public access to a transcript of a closed proceeding.

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