Senate Judiciary Committee passes HCR 55 to convene working group on protective orders and stalking laws

The Senate Committee on Judiciary voted to pass House Concurrent Resolution 55, requesting the judiciary convene a working group to study how existing laws and procedures on domestic violence, temporary restraining orders, protective orders and harassment by stalking are preventing continued abuse and harassment.

Committee members accepted amendments to include a representative from the Office of the Public Defender and a representative of the Hawaii Association of Criminal Defense Lawyers (HACDL) on the working group and to give the judiciary authority to add other participants. The committee also agreed to remove redundant language in the draft resolution. Committee members recorded affirmative votes after the chair recommended passing HCR 55 with those amendments.

Witnesses at the hearing urged inclusive representation and funding for the process. Darsha Forester of the Office of the Public Defender asked that the public defender’s office be included to represent defendants. Diane Medeiros of the Judiciary was listed as a testimony presenter. Melody Rolnick, who identified herself as a domestic violence survivor representing her own experience, said protective orders sometimes fail survivors and in some circumstances can escalate harm. Rolnick alleged that an attorney on Maui, identified in her testimony as Elizabeth Cuchea, advised her abuser and filed a sworn declaration she says was false; she said officers removed her baby based on allegations she called kidnapping and that evidence she offered was sometimes objected to and excluded in court. Rolnick also provided an email address for follow-up and asked to participate in the working group.

Angie Mercado, executive director of the Hawaii State Coalition Against Domestic Violence, testified in support and said the working group should include all voices and will require funding for the judiciary to convene and produce outcomes the community expects. A representative for CARES (testifying as Angela Melody Young) urged careful attention to privacy concerns for injured parties and recommended the work group examine use of medical and court records and prior deliberations, including concerns raised in 2023 about coercive control and excessive use of protective orders.

Committee discussion followed public testimony; no extended floor debate was recorded. The chair’s recommendation to pass HCR 55 with the specified amendments was adopted. The transcript records the committee’s vote as Chair Rhodes, Senator Chang and Senator San Buenaventura voting aye; Senators Gabbard and Wai were excused. The resolution text as passed directs the judiciary to convene the working group; the transcript does not specify funding sources or deadlines beyond the working-group request.

Several witnesses emphasized that the working group should produce concrete outcomes and that the judiciary will likely need resources or legislative follow-up to implement recommended changes. The committee did not specify a reporting deadline in the recorded motion.