LIHUE — Federal court criminal hearings for violations and some offenses that occurred on Kauai can be now be heard quarterly at 5th Circuit Court. On Wednesday, the U.S. District Court for the District of Hawaii held hearings in Lihue
LIHUE — Federal court criminal hearings for violations and some offenses that occurred on Kauai can be now be heard quarterly at 5th Circuit Court.
On Wednesday, the U.S. District Court for the District of Hawaii held hearings in Lihue with U.S. Magistrate Judge Kevin Chang and courtroom manager Shari Afuso. The hearings were held in Courtroom No. 5, which is usually vacant at 5th Circuit.
Assistant U.S. Attorney Michael Kawahara said the magistrate courts travel to Maui and the Big Island several times a year, where there are several citations and non-felony offenses that occurred at the national parks and enclaves. They are adding Kauai to hear cases involving offenses at Pacific Missile Range Facility and other federal enclaves.
“When there is enough of a volume of people that would otherwise have to travel to Honolulu,” Kawahara said.
The court heard two misdemeanor cases, one involving trespassing at the Hanalei National Wildlife Refuge, and another trespassing with dogs case at the Kilauea Point National Wildlife Refuge.
In the two cases, one of the defendant’s was present and the case was continued to Oct. 15. The second defendant failed to appear and a $100 warrant for an arrest was issued from the bench.
“This is a logistical convenience for the defendant,” said First Assistant U.S. Attorney Elliot Enoki by phone from Honolulu. “This is not convenient for the court and the prosecutor when they are normally here on Oahu, but there are more resources available in case where the crimes occurred at that location.”
In lieu of a federal public defender to represent the defendants, Lihue attorney Mark Zenger was selected as a federal court appointed private attorney.
Special Assistant U.S. Attorney Benjamin Doskocil served as the federal prosecutor.
The cases heard by the magistrate courts on Kauai will not involve military personnel except in special circumstances. They involve civilian infractions on federal property that range from a violation to petty misdemeanor or misdemeanor.
If an offender does not admit to a violation or pay the fine, then a court date is set with the U.S. Court when it appears at 5th Circuit. A felony case would automatically be scheduled at U.S. Court in Honolulu.
