Honolulu-lulu II - Climate Litigation Watch

Honolulu-lulu II

Following up on this post, it seems the Hawai’i Supreme Court has completely reversed course — and CLW means completely — when it comes to releasing records about its justices’ participation in the climate litigation industry’s seminars to parade plaintiffs’ witnesses and amicus filers in front of as many judges as possible who might hear those cases.

Readers may recall that the Court did previously release some records, while acknowledging it was withholding others, but only after a delay during which Chief Justice Mark Recktenwald posted on his Court’s docket a notably limited disclosure about his involvement in the operation.

Now the Court has changed its mind, seemingly deciding upon reflection and not a little media attention that releasing these records isn’t in the public interest after all. Even to the point of refusing to release records already released during the first limited hangout, which CLW notices the now-denied-in-full request covered.

Making this an even worse look, on the very same day the First Judicial Circuit agreed to release one more email to another requester. But, that court has already ruled in favor of the plaintiffs.

So, in short, no you may not see the record showing just how unbiased this Court is. There’s just nothing to see here, really.

Still, CLW recalls someone tweeting the other day, in another context, “Very important that the justice system rebut what appears to be differential enforcement or they will lose public trust”. And, remarkably, it’s not just Twitter. Turns out judicial canons require judges to ensure they avoid even the appearance of prejudice, too.