Legislature faces
a big budget fixThe issue: Governor Cayetano proposes
balancing the state budget with hurricane
funds and higher liquor taxes.The governor has thrown down a gauntlet, albeit gently, in front of the Legislature over the state budget for Fiscal Year 2003. Basically, the governor says the Legislature must transfer $213 million from the state hurricane fund to the general budget fund and raise liquor taxes by $40 million -- or cut expenditures, always painful for legislators.
The state's economy and the government's budget will be a top priority when the Legislature opens on Jan. 16, with the aftermath of Sept. 11 having dumped the economy into a tank. Before the terrorist assaults, Hawaii's tax revenues were projected to grow by 4.1 percent; that was recalculated in November to show a decline of .7 percent, or $152 million less than projected earlier.
Similarly, the state is projected to take in $163 million less during the new fiscal year than the sum calculated earlier. Altogether, the governor's bean counters figure that revenues will total $3.9 billion -- if they get funds stashed in the hurricane kitty and the extra liquor taxes. They figure on spending all but a scant $9 million of that, leaving little margin for error or maneuver.
The argument over the hurricane fund, set up when insurance companies went belly up or withdrew from Hawaii after the devastating Hurricane Iniki in 1992, is this: Some contend the money should go back to those who paid into the fund because it wasn't used to cover hurricane losses. The governor and others assert that the money provided insurance, like medical insurance, and you don't get those premiums back just because you didn't get sick.
Without the infusion of the hurricane fund, the governor says, the budget will run a $204 million deficit. That could be covered by cutting spending for education, health and public safety. The view here is that the Legislature and the governor should work together to cut expenditures down to the level of revenue. Acknowledging the political difficulty of doing that, however, transferring the hurricane fund to the general fund would seem to be next best.
For the longer run, Governor Cayetano seemed to waffle on legalized gambling as a source of revenue. Meeting with Star- Bulletin editors and reporters last week, he said, "I don't think the Legislature will pass a bill" permitting casino gambling. But, he added, "the issue is so big it should be put to the people." He appeared unwilling to take a firm stand himself even as he asserted: "I think the populace will vote it down."
Yes, the people will decide but it would be nice to have some leadership from the governor's office.
Judge acted properly
for acquitted inmatesThe issue: Judge orders acquitted
defendants be immediately
released from confinement.NOT waiting for a ruling that was bound to result from a federal lawsuit, the administrative judge of Oahu's state criminal courts has ordered the immediate release of criminal defendants following their acquittals on all charges. Circuit Judge Gail C. Nakatani issued the order following the filing of the class-action lawsuit on behalf of hundreds of defendants by the American Civil Liberties Union of Hawaii.
Nakatani's order is a refreshing change from the practice employed too often by state and county agencies of fighting lawsuits to the bitter end, at taxpayer expense and regardless of their merit. In this case, the judge saw justice being violated and went about rectifying the situation. Another consideration may have been the fact that a similar lawsuit against Los Angeles County cost taxpayers a $27 million settlement.
The state's judiciary was not a defendant in the federal lawsuit filed against state officials less than a month ago by the ACLU, because judges have left the job of handling prisoners to the state. Nakatani's order asserts the judiciary's oversight of the practice. It was distributed to county prosecutors, public defenders and private criminal-defense attorneys, specifying the ground rules for releasing acquitted defendants in court.
Ted Sakai, the state public safety director, said that prison detainees who prevailed in criminal proceedings have been routinely returned to prison for "out-processing" and for prison officials to await written verification of their acquittals.
That administrative practice could take anywhere from a few hours to a full day. Meanwhile, many of those who had won acquittals were chained with other prisoners and forced to submit to cavity searches, wear prison clothing, be harassed by prison guards or other prisoners and be denied food and phone calls.
"We are pleased that the state has recognized that its practice of confining acquitted individuals was illegal and that it has acted to stop the practice," said Brent White, the ACLU's legal director in Hawaii. "A major part of our lawsuit has been addressed."
Indeed, the judge's order extends beyond the changes sought by the ACLU, applying also to defendants whose charges were dismissed prior to trial, those granted conditional release from prison, those granted freedom while awaiting trial and those convicted and sentenced to time already served behind bars.
Defendants may continue to be held if other charges are pending or if the state has a right to appeal, a rarity since acquittals cannot be taken to a higher court.
Published by Oahu Publications Inc., a subsidiary of Black Press.Don Kendall, Publisher
Frank Bridgewater, managing editor 529-4791; fbridgewater@starbulletin.com
Michael Rovner, assistant managing editor 529-4768; mrovner@starbulletin.com
Lucy Young-Oda, assistant managing editor 529-4762; lyoungoda@starbulletin.comRichard Halloran, editorial page director, 529-4790; rhalloran@starbulletin.com
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