ACLU sources
at youth prison
will be kept secretA state board rules
protecting inmates
requires confidentiality
The identities of Hawaii Youth Correctional Facility inmates who were sources for a report alleging abuse by guards will be kept secret, the state Labor Relations Board ruled yesterday.
The United Public Workers union, which represents guards at the facility, requested the board subpoena the names from the American Civil Liberties Union Hawaii and its former legal director as part of a contract complaint with the state.
Labor board member Brian Nakamura said the board's decision was made to preserve the safety of the inmates, as well as their promise of attorney-client privilege.
The ACLU's 34-page report alleged teenage inmates were subjected to extreme overcrowding and that male guards sexually harassed female inmates. The report prompted Gov. Linda Lingle to replace the facility's management.
While narrowing the subpoena, the board ruled if the identity of inmates becomes critically important, it would still consider such a request.
The ACLU argued that disclosing the identities threatened the inmates' safety since they may face retaliation from guards.
Disclosure would also violate the ACLU's First Amendment rights and infringe on its ability to represent potential clients, it argued.
UPW filed a complaint Sept. 4 against facility administrators, the state Office of Youth Services director, the attorney general and the governor, alleging labor and constitutional rights violations.
At UPW's request, the board subpoenaed former ACLU Legal Director Brent White to produce notes and documents he used to prepare the ACLU report.
Jeffrey Harris, attorney for the ACLU, told the board that at least some of the guards engaged in abuse and could retaliate against inmates.
He said each of the 70 or so inmates White and ACLU paralegals spoke to were potential clients and should be protected by the attorney-client privilege.
"Our main concern is the safety of the wards," White said after the hearing.
UPW attorney Herbert Takahashi argued that accused guards have a right to confront their accusers and refute the charges.
He accused the ACLU of hypocrisy, saying, "Their view of the Constitution is, it only protects the wards, not the employees."
Takahashi also argued minors could not legally establish attorney-client privilege and that ACLU waived that privilege by making the report public.
Harris, though, said the names of sources had not been disclosed.
Deputy Attorney General Daniel Morris, siding with the ACLU, argued the administrative board is not the place to challenge constitutional rights.
The state is seeking to have the case dismissed. A hearing on the motion is scheduled for Oct. 15.
However, the ACLU must produce any communication between it and the state, and White must appear at an evidentiary hearing today.
