The Pro Se Copy Request and the Sealed In-Camera Hearing
You reported an 84-page public hearing and a 12-minute in-camera hearing in a Hawaii circuit court felony case. In the in-camera portion, the judge, prosecutors, and defense counsel discussed a confidential informant's identity. The judge ordered that portion sealed and directed that the transcript be filed under seal. A newspaper reporter requests the entire transcript, including the sealed portion. The defendant's mother, who is not a party, asks for a free copy of the public portion and says she cannot afford the $1.10-per-page copy fee. The clerk asks you to file the original transcript and email a copy to the prosecutor. Your standard rate is $4.25 per page for the original and $1.10 per page for copies; expedited delivery is $75 per hour. No written fee-waiver order has been entered.
1. How do you respond to the newspaper's request for the entire transcript?
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The sealing order controls. You may not release the in-camera portion to the newspaper, a party, or anyone else without a court order. The public portion is different: transcripts of public proceedings are generally accessible under Hawaii court records rules, but the reporter is not the final arbiter of access. Tell the newspaper that the transcript includes a sealed portion, provide only the public portion if the clerk or court confirms it may be released, and refer the request for the sealed portion to the clerk or the judge. Do not redact or edit the sealed material yourself; if the court wants a public version, ask for a written order defining what is to be omitted. Keep the sealed original separate and clearly marked. Do not discuss the informant's identity or the in-camera content with the media.
2. How do you handle the mother's fee-waiver request and the copy charge?
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Your published fee schedule applies unless a court order, statute, or judiciary policy provides otherwise. You have no authority to grant a fee waiver simply because the requester is the defendant's mother or says she cannot afford the copy. Explain the per-page charge, provide an estimate, and direct her to the clerk or the court's indigency or fee-waiver procedure. If the court enters a written waiver or orders the transcript provided at public expense, comply and document the order. Do not charge the mother for the sealed pages or deliver them to her. Be consistent: the same fee schedule should apply to similarly situated requesters, and you should not give a discount to one side in the case. Keep a record of the request and your response.
3. What is the proper filing and delivery protocol for the original and copies?
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File the original transcript with the clerk as the sealing order and court rules require, in a sealed envelope or separate sealed file if directed, with a certificate of filing. Do not email a copy to the prosecutor merely because the clerk asked; delivery to a party should follow the rules, the court's order, or a written agreement, and email raises confidentiality concerns. Provide copies to parties who are entitled to them and who have paid the applicable fees, but not the sealed portion unless the court authorizes it. Keep a duplicate original and a log of what was filed, to whom, and when. Avoid ex parte delivery of the sealed transcript to one side. If the clerk's request conflicts with the sealing order, ask the clerk or judge to put the direction in writing before you act.