'O Haleakalâ v. Board of Land & Natural Resources

DISSENTING OPINION BY

POLLACK, J.,

IN WHICH WILSON, J., JOINS AS TO PARTS IA AND II

When an administrative agency acting in a quasi-judicial capacity makes or receives (1) substantive ex parte communications, (2) procedural ex parte communications that have the potential to influence the agency adjudicator, or (3) ex parte contacts with interested persons or parties in the case, due process under the Hawai'i Constitution requires disclosure of the communications. Due process also prohibits the insertion of external political pressure into a quasi-judicial administrative proceeding. The state of…