The federal judge overseeing the Felix consent decree lawsuit said he has no problem with the work of the legislative investigative committee looking into how the state is spending $300 million to provide services to students with disabilities. Judge supports probe
into Felix fundsDavid Ezra says the state
has "every right" to
look into the matterBy Debra Barayuga
dbarayuga@starbulletin.comChief Judge David Ezra said yesterday he supported legislators looking into any acts of fraud, mismanagement or abuse in the state's efforts to comply with the decree.
"It's the state's responsibility, and they have every right to do it," he said. But he said efforts cannot affect the state's ability to comply with federal mandates. The decree directs the state to improve educational and mental health services to special-needs children.
At an earlier hearing he criticized the investigation, saying attempts to subpoena court officers were hindering the state's efforts in complying with court-ordered deadlines.
He also quashed a subpoena seeking testimony from Judith Schrag, formerly a member of a court-appointed panel that provided technical assistance to the state on compliance issues, saying it was overly broad. He had previously granted protective orders to Felix court monitor Ivor Groves and his assistant Juanita Iwamoto.
Ezra's actions and criticisms drew sharp reactions from legislators who questioned his ability to be objective in the case.
Rep. Scott Saiki and Sen. Colleen Hanabusa, investigative committee co-chairs, said yesterday they are encouraged that the federal court now supports their efforts, but are still unclear as to whether they will get the information they seek.
Saiki said the state Attorney General's Office is expected to initiate an investigation based on findings by the committee, which will issue a draft report Dec. 3.
"We believe that Attorney General Earl Anzai is very concerned about what the reported findings are, and we are confident he will do what is necessary," Hanabusa said.