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SCR 208

REQUESTING THE JUDICIARY TO URGE COURTS TO PRIORITIZE VICTIM AND WITNESS RIGHTS TO SPEEDY TRIALS.

2025 Regular Session Introduced by Brenton Awa and 2 co-sponsors

Urges Hawaii courts to prioritize speedy trials for victims and witnesses in sexual offenses, limit continuances to three, and start trials within 12 months, protecting minors.

Referred to JDC.
#judiciary #righttospeedytrial #victims #witnesses
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Bill Summary · SCR 208

Summary of SCR 208 (Hawaii) – Right to Speedy Trial for Victims and Witnesses

Overview

SCR 208 is a concurrent resolution introduced in the Hawaii Legislature in March 2025. It directs the Judiciary to urge Hawaii’s Family Court, District Court, and Circuit Court to prioritize the rights of victims and witnesses to speedy trials in cases involving offenses charged under part V of chapter 707, Hawaii Revised Statutes. The resolution also emphasizes minimizing delay-related harm to minors in relevant proceedings. As a concurrent resolution, it expresses legislative intent and guidance rather than creating new statutory obligations.

Purpose and Intent

  • Address the harms victims of sexual offenses may experience when trials are delayed, including depression, emotional distress, and PTSD.
  • Acknowledge that young victims are especially vulnerable to adverse effects from court participation.
  • Note Hawaii’s lack of a formal “speedy trial” statute for victims and propose to align court practices with speedy-trial principles.
  • Encourage courts to consider substantial adverse impacts of postponements on victims and witnesses when ruling on motions to postpone or continue proceedings.

Key Provisions

  1. Judiciary’s Role: The Judiciary is requested to urge the Family Court, District Court, and Circuit Court to prioritize victim and witness rights to speedy trials. The focus is on minimizing delays and considering the harm caused by postponements in cases involving offenses under part V of ch. 707, HRS.
  2. Minimizing Minor Involvement and Delays:
    • In cases involving a criminal offense against a minor or involving a minor victim or minor witness of physical abuse, the Judiciary should prioritize minimizing the minor’s involvement in the proceeding.
    • When deciding whether to grant a continuance, courts should consider the minor’s age and potential adverse impacts of delay.
    • Limit continuances: no more than three continuances by either party, unless good cause is shown.
    • Trial timeline: trials should commence within twelve months of the charge or indictment, unless good cause is shown.
  3. Transmission: A certified copy of the resolution should be transmitted to the Judiciary.

Affected Entities and Individuals

  • Courts: Family Court, District Court, and Circuit Court in Hawaii (instructed to consider speedy-trial principles and minor-protection standards).
  • Victims and Witnesses: Individuals involved in offenses under part V of chapter 707, particularly victims of sexual offenses and their witnesses.
  • Minors: Special emphasis on minimizing a minor’s involvement and protecting their well-being during proceedings.

Procedural and Timeline Details

  • Status: Referred to JDC (Judiciary) as of March 12, 2025; introduced March 7, 2025.
  • Process: The resolution calls for the Judiciary to advocate within the courts, not to enact new statutes.
  • Limitations: The specified timelines and continuance limits are conditions “unless good cause is shown,” meaning exceptions may apply but require justification.

Legislative Details

  • Status/Actions:
    • Offered: March 7, 2025
    • Referred to JDC: March 12, 2025
  • Sponsors:
    • Primary: Gabbard; Fevella
    • Co-sponsor: Awa
  • Related: SR 183 (companion resolution)

Potential Impact

  • Sets a policy preference favoring faster resolution and careful consideration of delays in sensitive cases.
  • Encourages courts to weigh the harms of postponements to victims and minor witnesses more heavily.
  • Could influence court scheduling practices and continuance decisions, especially in sexual offense cases and cases involving minors.
  • As a concurrent resolution, it serves as guidance rather than binding law, with the potential to shape reforms or administrative practices within Hawaii’s judiciary.

Compiled from official sources — confirm details with the bill’s official record.

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