No. SCPW-17-0000927 and 21908, Wednesday, June 18, 2025, 2 p.m., Grube v. Trader

NO. 21908 STATE OF HAWAI‘I, Plaintiff-Appellee, vs. JEROME ROGAN, Defendant-Appellant.

SCPW-17-0000927 NICK GRUBE, Petitioner, vs. THE HONORABLE ROM A. TRADER, Judge of the Circuit Court of the First Circuit, State of Hawai‘i, Respondent Judge, and STATE OF HAWAI‘I, ALAN AHN, and TIFFANY MASUNAGA, Respondents.

The above-captioned case has been set for oral argument on the merits at:

Supreme Court Courtroom
Ali‘iōlani Hale, 2^nd Floor
417 South King Street
Honolulu, HI 96813

The oral argument will also be livestreamed for public viewing via the Judiciary’s YouTube channel at YouTube.com/hawaiicourts and ‘Ōlelo at olelo.org/tv-schedule/.

Attorney for Petitioner NICK GRUBE:
     Robert Brian Black of Civil Beat Law Center for the Public Interest

Attorneys for Amicus Curiae THE OFFICE OF THE PUBLIC DEFENDER:
     Benjamin Lowenthal, Sara K. Haley, and Taryn R. Tomasa, Deputy Public Defenders

Attorneys for Amicus Curiae ATTORNEY GENERAL OF THE STATE OF HAWAI‘I:
     Kaliko‘onālani D. Fernandes, Solicitor Gerneral and Thomas J. Hughes, Deputy Solicitor General

NOTE: Certificate of Recusal, by Associate Justice Vladimir P. Devens, filed 02/12/24.

NOTE: Order assigning Circuit Judge Matthew J. Viola, in Place of Devens, J., recused, filed 02/14/24.

NOTE: Order consolidating cases for oral argument and Disposition, filed 11/21/24.

NOTE: Order establishing briefing schedule, filed 11/26/24.

NOTE: Order granting motion to continue oral argument from 05/15/25 to 06/10/25 at 2:00 p.m., filed 04/15/25.

COURT: Recktenwald, C.J., McKenna, Eddins, Ginoza, JJ., and Circuit Judge Viola, in place of Devens, J., recused.

Brief Description:

This court has consolidated two original proceedings: a completed criminal direct appeal and an original proceeding seeking mandamus relief in a since completed criminal case.

Defendant-Appellant Jerome Rogan and Respondent Alan Ahn had cases that resulted in published opinions.  State v. Rogan, 91 Hawaiʻi 405, 984 P.2d 1231 (1999) and Grube v. Trader, 142 Hawaiʻi 412, 420 P.3d 343 (2018).  Citing Hawaiʻi Revised Statutes (HRS) § 831-3.2(f), both now request that the Judiciary seal their case files.

The Department of the Attorney General issued expungement orders to Rogan and Ahn.  Per HRS 831-3.2(f), those who receive expungement orders “may request in writing that the court seal or otherwise remove all judiciary files and other information pertaining to the applicable arrest or case from the judiciary’s publicly accessible electronic databases.”  Courts are required to make “good faith diligent efforts to seal or otherwise remove the applicable files and information within a reasonable time.”  HRS § 831-3.2(f).

Rogan requested that the Judiciary seal his court records and remove his case from the Hawaiʻi State Judiciary websites.  He asked the Judiciary to redact his name from all court documents and disassociate him from future judicial research.  Ahn also requested that the court seal his court records.

Grube opposed Ahn’s request.  Grube argues that sealing these court documents would violate the public’s constitutional right of access to court records.  Grube also says that HRS § 831-3.2(f) interferes with this court’s constitutional authority over its own records and procedures.  The Office of the Public Defender submitted an amicus brief.  It argues that sealing the case records does not violate article I, section 4 of the Hawaiʻi Constitution or the First Amendment and that HRS § 831-3.2(f) does not encroach on the Judiciary’s independence or its power to administer its own records.  The Department of the Attorney General also submitted an amicus brief.  It argues that HRS § 831-3.2(f) is not facially unconstitutional.