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Opinion Letter No. 93-09
August 2, 1993
Governor’s Bug Invoice
An invoice submitted to the Governor’s Office
and presented to an investigatory grand jury in
proceedings involving the alleged discovery of listening devices
in State government offices may not be made available for public
inspection and copying, except by further order of the court. The
State
Department of the Attorney General initially relied on Rule 6(e)
of the Hawaii Rules of Penal
Procedure as the basis for non-disclosure, but the OIP opined that
Rule 6(e) does not automatically
protect all records before a grand jury from disclosure. However,
the OIP was not required to
determine whether Rule 6(e) prohibited disclosure of the invoice
because of a court order issued in the
case. The OIP found that the court order protected the invoice from
public disclosure under the
UIPA.
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