State v. Rodrigues

OPINION OF THE COURT BY

OGATA, J.

These three consolidated appeals present the question whether Article I, § 11 of the Hawaii State Constitution which creates the position of an independent counsel to advise the grand jury is (1) self-executing and (2) supplements the due process rights of an accused. Each of the appellants was indicted after the amendment was proposed by the Hawaii Constitutional Convention and ratified by the voters on November 7,1978, but before Act 209 1 was enacted to implement the amendment on June 6, 1980.

Defendant-appellant Donald Rodrigues was indicted on July 11,…