UPW sues for answers
about Kailua prison
The United Public Workers union is seeking to force American Civil Liberties Union of Hawaii's former legal director to answer questions about an investigation into alleged abuse of inmates at the Hawaii Youth Correctional Facility.
CORRECTION
Wednesday, Oct. 15, 2003>> The United Public Workers union filed a motion to compel the American Civil Liberties Union of Hawaii's former legal director to reappear before the state Labor Relations Board to answer questions about its investigation into alleged abuse at the Hawaii Youth Correctional Facility. A headline on Page A6 yesterday incorrectly said the union sued to seek the information.
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The union, which represents guards at the youth facility in Kailua, filed a motion with the state Labor Relations Board Thursday to force former ACLU legal director Brent White to return to Hawaii to reappear before the board. White left Friday for a university in Thailand, where he will serve as a visiting scholar.
ACLU attorney Jeffrey Harris received the document over the weekend and will file a response with the board this week.
"Our arguments have not changed," said ACLU Executive Director Vanessa Chong. "We are committed to the non-release of information, which would endanger the juveniles incarcerated at HYCF and other sources who have confided in the ACLU about conditions there."
Noting that the union will have to appeal the decision to Circuit Court, Chong said: "In our opinion, we have sufficiently responded to their demands, and we're not going to respond any further."
In his written motion, UPW attorney Herbert Takahashi said the board should also order that ACLU produce all documents except those revealing names and identities of inmates.
Takahashi also asked the board to rule on the ACLU's contention that certain documents are privileged as an attorney work product.
White, who appeared before the board Wednesday in response to a UPW subpoena, repeatedly refused to disclose names of sources, including those who are not inmates, as advised by attorney Harris. But White did answer questions concerning contacts with Attorney General Mark Bennett.
The board agreed Oct. 7 to allow White to withhold the names of the juvenile inmates when testifying to protect them from possible retaliation, but White was required to answer other questions and produce documents other than those the ACLU considered privileged attorney work product.
The ACLU contends all notes of confidential discussions with inmates and other sources be protected, as well as any documents that may, by circumstances, reveal the identity of sources.
The ACLU submitted a critical report on the youth prison to the governor, alleging sexual assault of inmates and other physical abuse by guards, overcrowding and unsanitary conditions.
UPW filed a complaint against state officials for authorizing the ACLU's investigation and making a report public by posting it on the Internet.
The Associated Press contributed to this report.
