STAND. COM. REP. NO. 912

Honolulu, Hawaii

RE: S.B. No. 141

Honorable Ronald D. Kouchi

President of the Senate

Thirtieth State Legislature

Regular Session of 2019

State of Hawaii

Sir:

Your Committee on Judiciary, to which was referred S.B. No. 141 entitled:

"A BILL FOR AN ACT RELATING TO DISCLOSURE OF ATTORNEY-CLIENT AND ATTORNEY WORK-PRODUCT PRIVILEGED COMMUNICATIONS TO THE OMBUDSMAN,"

begs leave to report as follows:

The purpose and intent of this measure is to:

(1) Specify that disclosure of communications by an agency to the Ombudsman does not waive any existing attorney-client or attorney work-product privilege; and

(2) Prohibit the Ombudsman from disclosing privileged communications to others.

Your Committee did not receive any testimony on this measure.

Your Committee finds that agencies are reluctant to fully disclose information to the Ombudsman during an investigation because agencies are afraid that communicating with the Ombudsman will result in a waiver of their attorney-client and attorney work-product privileges. To alleviate this concern, this measure specifically states that communicating with the Ombudsman does not waive any attorney-client or attorney work-product privilege and that the Ombudsman shall not disclose privileged communication to any other person, which thereby encourages communication and improves investigative accuracy.

As affirmed by the record of votes of the members of your Committee on Judiciary that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 141 and recommends that it pass Third Reading.

Respectfully submitted on behalf of the members of the Committee on Judiciary,

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KARL RHOADS, Chair