State pursues blocked A joint legislative investigative committee has decided to challenge the decision by a federal court judge to quash a subpoena issued to a former federal education official.
Felix testimony
A challenge questions court-appointed
panel members' immunityBy Crystal Kua
ckua@starbulletin.com"We wanted to challenge the quashing of the subpoena and establish the legislative rights to issue the subpoena," said Sen. Colleen Hanabusa, co-chairwoman of the Joint Senate-House Investigative Committee, which is examining state spending in the Felix consent decree. "There is a separation of powers, and the Legislature has the right to do what it has to do."
The committee has filed a lawsuit seeking relief that includes having a federal judge uphold the sovereign interests of the committee and declare valid the subpoena issued to Judith A. Schrag.
Schrag, the former special-education director with the U.S. Department of Education, was a member of a now-disbanded panel appointed by U.S. District Judge David Ezra to provide technical assistance to state agencies involved in consent decree compliance to improve special-education services.
Ezra granted a protective order prohibiting Schrag and other panel members, including Felix court monitor Ivor Groves and mental health expert Lenore Behar, from committee appearances. He ruled that the committee had no authority to order court-appointed officials to testify.
In addition to the lawsuit, the legislative committee filed a separate motion seeking reconsideration of Ezra's earlier ruling and Ezra's removal from hearing the motion.
"It was really done to preserve options on both sides," committee Co-chairman Scott Saiki said.
Neither Schrag nor Felix plaintiffs' attorney Shelby Floyd could be reached for comment yesterday.
The legislative committee's lawsuit also seeks to void the blanket protective order given to Schrag against testifying before the committee. Hanabusa said lifting or limiting blanket immunity could open the door for the committee to issue subpoenas to Groves and Behar.
Behar is awaiting sentencing on a federal charge of obstructing justice in North Carolina, stemming from allegations that she stole federal money.
Hanabusa said Schrag already testified and submitted a sworn affidavit in another lawsuit about work she did while on the now-defunct panel and now seeks protection against testifying before the committee.
"You can't have it both ways," Hanabusa said.
State of Hawaii
