Marsland v. First Hawaiian Bank

OPINION OF THE COURT BY

LUM, C.J.

The issue presented in this appeal is whether the Prosecutor has the authority to issue administrative subpoena duces tecum, pursuant to Honolulu Charter § 13-114, to banks and other financial institutions for records relating to persons who will “more probably than not” be the subject of a criminal adjudication within the meaning of HRS § 28-2.5. In denying the Prosecutor’s Motion to Compel Production of Documents, the lower court ruled that the subpoena powers granted to the Prosecutor by sections 8-104 and 13-114 of the Revised Charter of the City and County…