A Hawaii Order Appointing Special Prosecutor is a legal document issued by a court in Hawaii to assign a special prosecutor to handle a specific case or investigation. This ensures independence and impartiality in situations where there may be a conflict of interest or when the case involves individuals in the justice system. The appointment of a special prosecutor is crucial to maintain public trust and confidence in the legal process. In Hawaii, there are different types of orders appointing special prosecutors, each serving unique purposes within the legal system. Some notable types include: 1. Criminal Case Special Prosecutor: This type of appointment occurs when there is a need for an independent prosecutor in criminal cases involving high-profile individuals, politicians, law enforcement officers, or cases with a significant public interest. The special prosecutor assigned is usually an experienced attorney known for their impartiality and expertise. 2. Judicial Misconduct Special Prosecutor: When allegations of judicial misconduct arise, the court may appoint a special prosecutor to investigate the claims thoroughly and impartially. This appointment is crucial to protect the integrity of the judiciary and ensure transparency in the investigation. 3. Government Corruption Special Prosecutor: In cases involving allegations of government corruption, where there may be potential conflicts of interest within the regular prosecuting agency, a special prosecutor can be appointed. This appointment aims to guarantee an unbiased investigation and prosecution to hold public officials accountable. 4. Civil Services Special Prosecutor: Sometimes, special prosecutors are appointed to handle cases involving civil servants, public employees, or government agencies. Their impartiality avoids conflicts and provides an independent evaluation of the case to deliver justice fairly. A Hawaii Order Appointing Special Prosecutor typically contains various essential components. These may include: — Identification of the court issuing the order. — Identification of the case or investigation for which the special prosecutor is being appointed. — The name and qualifications of the appointed special prosecutor. — A statement justifying the need for a special prosecutor. — The scope of authority, duties, and responsibilities assigned to the special prosecutor. — The duration or term of the appointment. — Any restrictions or limitations on the special prosecutor's authority. — The reporting requirements, including regular updates to the court or a progress report upon completion of their work. In conclusion, a Hawaii Order Appointing Special Prosecutor is a legal document that ensures impartiality and independence when handling significant cases or investigations. These orders serve various purposes, such as handling criminal cases involving high-profile individuals, investigating judicial misconduct, tackling government corruption, or prosecuting civil service-related matters. The appointment of a special prosecutor helps maintain public trust and confidence by eliminating conflicts of interest within the regular prosecuting agency.
Hawaii Order Appointing Special Prosecutor
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Rule 40 - Motion for Reconsideration (a) Time. A motion for reconsideration may be filed by a party only within 10 days after the filing of the opinion, dispositional order, or ruling unless by special leave additional time is granted during such period by a judge or justice of the appellate court involved.
Rule 48 - Dismissal (a) By prosecutor. The prosecutor may by leave of court file a dismissal of a charge and the prosecution shall thereupon terminate. Such a dismissal may not be filed during the trial without the consent of the defendant.
Rule 1.9 - Conflict of Interest: Former Client (a) A lawyer who has formerly represented a client in a matter shall not thereafter represent another person in the same or a substantially related matter in which that person's interests are materially adverse to the interests of the former client unless the former client ...
Rule 35 - Correction or Reduction of Sentence (a) Correction of Illegal Sentence. The court may correct an illegal sentence at any time and may correct a sentence imposed in an illegal manner within the time provided herein for the reduction of sentence.
On motion and upon such terms as are just, the court may relieve a party or a party's legal representative from a final judgment, order, or proceeding for the following reasons: (1) mistake, inadvertence, surprise, or excusable neglect; (2) newly discovered evidence which by due diligence could not have been discovered ...
A defendant may plead not guilty, guilty or no contest. If a defendant refuses to plead or if the court refuses to accept a plea of guilty or no contest or if a defendant corporation fails to appear, the court shall enter a plea of not guilty. (2) CONDITIONAL PLEAS.
Unless the court otherwise directs and subject to the provisions of Rule 54 of these rules and Rule 23 of the Rules of the Circuit Courts, the prevailing party shall prepare and submit a proposed judgment.
Rule 48 - Dismissal (a) By prosecutor. The prosecutor may by leave of court file a dismissal of a charge and the prosecution shall thereupon terminate. Such a dismissal may not be filed during the trial without the consent of the defendant.
