Tuesday, January 28, 2014

I DARE SAY, MANY HAWAII LAWYERS HAVE MISSED THE BAR

 




 "For more than a decade at least, Oahu's Family Court judges ignored court rules in handling thousands of misdemeanor domestic abuse cases without holding a second arraignment for defendants when required.

Defense attorneys didn't complain, but when Ho
no­lulu lawyer Steven Barta realized his client charged with domestic abuse didn't receive the second arraignment, he challenged the process.

"I think this is the first time anybody raised it," he said. "It was real clear to me the rules had not been followed."

Last month, the Hawaii Supreme Court agreed with Barta and overturned the domestic abuse conviction of one of his clients, Susil Basnet.

The ruling sent shock waves through Family Court in Honolulu and set in motion the dismissal of hundreds of cases for defendants who didn't get the second arraignment.

City prosecutors now estimate that about 750 misdemeanor cases involving domestic abuse and violations of protective orders will be tossed out."



                                                    DEFINITELY NOT ON THE BALL

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