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Kondo v. Investigative Committee – The Documents

Kondo v. Investigative Committee – The Documents

The House of Representatives established an Investigative Committee, ostensibly to look into financial irregularities in the Department of Land and Natural Resources and the Agribusiness Development Corporation found by the Office of the Auditor.  However, it soon became clear that the Committee is considering the Office of the Auditor to be a target of its investigation as well.

The Investigative Committee, among other things, issued a subpoena to the Auditor asking for it to produce what the Auditor says are workpapers that are confidential under the laws governing its operations.

Our amicus brief argues that the Auditor’s workpapers should have a qualified privilege against forced discovery similar to the privilege that now applies to tax return information.

For further background see our prior coverage here.

Below are documents filed in First Circuit Court.

Date Filed Document
October 14, 2021 MOTION FOR ENLARGEMENT OF TIME TO RESPOND TO AND/OR TO QUASH OR FOR PROTECTIVE ORDER 
October 18, 2021  ORDER OF CASE REASSIGNMENT; NOTICE OF ENTRY
October 18, 2021 FIRST AMENDED NOTICE OF REMOTE HEARING AND CERTIFICATE OF SERVICE 
October 26, 2021 THE THIRTY-FIRST LEGISLATURE’S MEMORANDUM IN OPPOSITION
October 26, 2021 MOTION FOR LEAVE TO FILE AMICUS CURIAE MEMORANDUM IN SUPPORT OF PETITIONERS
October 29, 2021 PETITIONERS’ REPLY MEMORANDUM TO RESPONDENT INVESTIGATIVE COMMITTEE
November 2, 2021 THE THIRTY-FIRST LEGISLATURE’S MEMORANDUM IN OPPOSITION TO TAX FOUNDATION OF HAWAIʻI’S MOTION FOR LEAVE TO FILE AMICUS CURIAE
November 2, 2021 REPLY MEMORANDUM IN SUPPORT OF MOTION FOR LEAVE TO FILE AMICUS CURIAE MEMORANDUM
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