Campaign for laws
won’t use state money
The AG will use a third party to
publicize crime amendments on the ballot
State Attorney General Mark Bennett is writing to all political candidates asking for their support to get voters to approve four constitutional amendments supporting crime victims' rights.
At the same time, Bennett and city Prosecutor Peter Carlisle are working through a noncandidate committee registered with the Campaign Spending Commission to start a publicity campaign to aid their cause.
Carlisle has just won a lawsuit filed by the American Civil Liberties Union and Robert Rees, a freelance writer, over Carlisle's use of public resources to campaign for a ballot issue.
The four constitutional amendments were passed by the Legislature to help victims of crimes, according to supporters. They would:
>> Create a third way of making a criminal charge: filing a "written information," a document supported by witness statements and other evidence. Currently, defendants have the right to a preliminary hearing where they can question their accusers or to have a grand jury decide whether there is probable cause to charge them.Circuit Judge Gary Chang last week ruled that Carlisle had not violated state law by spending tax money on a campaign to urge passage of a similar amendment in 2002.>> Empower the Legislature to pass laws so that confidential communications between a crime victim and the victim's physician, psychologist, counselor or licensed mental health professional could not be used in court without the victim's consent.
>> Eliminate a requirement that a hearing must be held to determine whether a sex offender's registry information can be posted online.
>> Allow a law prohibiting continual sexual assault of a minor as a felony punishable by 20 years in prison even if minor victims can't remember specific dates, times and places of the offenses.
Carlisle was spending an estimated $3,000 in city funds and resources for the campaign. A noncandidate committee called Victims Voice had been formed in 2002 to publicize the amendments. About $14,400 was raised and spent for the private committee.
This year, the noncandidate committee is being used to urge passage of all four amendments.
"There is no state involvement in the noncandidate committee," Bennett said. "The two efforts are completely separate."
Bennett is devoting much of his spare time to getting the word out.
"I am giving speeches. I use the opportunity to discuss the amendments, whenever I have a chance to talk about them," Bennett said.
ACLU amendment opponents, however, are alarmed that Bennett can use state money to urge passage of the amendment and no state funds are going to argue the opposite side of the questions.
"There is a difference between commenting and advocating; they should be writing editorial pieces not using government resources," says Kat Brady, ACLU legislative coordinator.
Told that Bennett has sent a letter to all political candidates urging their support of the amendments, Brady said the ACLU should also be able to use state funds to urge that the amendments be defeated.
"The state should pay for the other side to send out the letter. It is not fair," Brady said.
Bennett said the state has a law governing the powers of the attorney general permitting the use of state money to comment on law-and-order issues.
"I view this as making recommendations to the general public on the matters of the criminal justice system," Bennett said.
"I think the statute clearly covers this; it would be inconsistent if the AG couldn't make a recommendation," Bennett said.
Sen. Colleen Hanabusa, Judiciary Committee chairwoman, agreed that Bennett is within the law to send out the information to candidates and to comment on the amendments, but she wondered if the law should be changed.
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www.acluhawaii.org
www.hawaii.gov/ag
www.capitol.hawaii.gov/sessioncurrent/ConAm/default.asp
