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Ex. DUT-HI-017 Standing duty Primary source read

News Release 2020-92, Circuit Court Decision Upholds Lawfulness of Governor's Emergency Proclamations

Circuit Court Decision Upholds Lawfulness of Governor's Emergency Proclamations

Department of the Attorney General, Clare E. Connors, Attorney General · Hawaii (State)

The COVID Project

The record

Jurisdiction
Hawaii
Level
State
Authority
Partal v. Ige, Circuit Court of the First Circuit (DeWeese, J.), written order entered Oct. 15, 2020; HRS chapter 127A
Issued
2020-10-16 Oct. 16, 2020
Effective
2020-10-16
End
n/a (read as 2020-12-31)
In force
Oct. 16, 2020 to Dec. 31, 2020
Quarters
2020 Q4
Limitation types
Emergency declarationOther
Addressees
  • persons generally ('all residents and visitors')
Character
agency position statement
Collection
Standing duties: Hawaii DUT-HI

Operative words

the court explained that the purpose of Hawaii's emergency-powers statute 'is to confer comprehensive powers to protect the public and save lives.'... 'the Governor's emergency proclamations are lawful. By continuing to follow these rules, all residents and visitors protect each other and promote public health during this pandemic crisis.'

Penalty

n/a (announcement); the rules referred to carry the HRS § 127A-29 misdemeanor

What it required

The State's chief legal officer announced that the circuit court had upheld the Governor's successive COVID-19 proclamations as lawful and stated that residents and visitors were to continue 'to follow these rules'; the release is the Attorney General's contemporaneous statement that the proclamations bound every person in the State. Character as recorded: agency_position_statement (release, FAQ, memorandum or statement; order_penalty layer).

Retrieval note

The release describes Partal et al. The Intermediate Court of Appeals reached the same conclusion in For Our Rights v. Ige (Ex. DUT-HI-016).