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State v. Nakata8/2/1994
review.
Act 128 passes a rational-basis review. The purpose of the reduction in penalties is to make clear that first-offense DUI is constitutionally petty. The state interest is to allow non-jury trials for first-offense DUI charges and, therefore, "alleviate the current backlog that is overwhelming the judicial system, and . . . allow for timely adjudication of repeat offenders who pose the greatest risk to the community and public safety." Sen. Stand. Comm. Rep. No. 1107, in 1993 Senate Journal, at 1177. Thus, we hold that the state interest is legitimate and the Act is rationally related to the interest. See Meyer v. Jones, 106 N.M. 708, 713, 749 P.2d 93, 98 (1988) (right of jury trial for DUI in "magistrate court" while no right in "metropolitan court" in same state not an equal protection violation).
Moreover, if the court does not apply Act 128 retroactively, defendants charged after enactment of the Act could argue that they are being denied equal protection. If we were to subscribe to the selective-retroactive application theory proffered by the appellants, those charged after Act 128 would have nonjury trials while those charged before would be entitled to jury trials although all would face the same reduced penalties. Indeed, this is one tenet relied on by the United States Supreme Court in Griffith, in deciding to apply all new criminal decisions retroactively. See Griffith, 479 U.S. at 322-23 ("selective application of new rules violates the principle of treating similarly situated defendants the same. . . . The problem with not applying new rules to cases pending on direct review is 'the actual inequity that results when the Court chooses which of many similarly situated defendants should be the chance beneficiary' of a new rule." (Citation omitted) (Emphasis in original)).
Lastly, appellants raise a separation of powers argument. They argue that the legislature cannot usurp the judicial branch's power by denying jury trials to first-time DUI offenders. This argument plainly fails because Act 128 itself does not eliminate the jury trial right; this court's interpretation of Act 128 determines whether, as a matter of constitutional law, a defendant must be given the right to a jury trial. Because the legislature does not answer this question for the court, we find no merit to appellants' separation of powers argument. As we indicated previously, the legislature's mere labeling of a criminal offense as "petty" does not necessarily make it so. It is the judicial branch that independently determines whether such a label is justified.
IV. Conclusion
Based on the foregoing Discussion, we hold that a charge of first-offense DUI under HRS § 291-4, as amended by Act 128, is constitutionally petty and, therefore, no right to jury trial attaches to first-offense DUI. Consequently, we overrule State v. Jordan, 72 Haw. 597, 825 P.2d 1065 (1992), to the extent that it deals with first-offense DUI. We specifically limit Jordan to repeat DUI offenses, which remain constitutionally serious. Accordingly, we answer the first reserved question in the affirmative.
We also hold that (1) the retrospective application of HRS § 291-4, as amended by Act 128 does not violate the ex post facto clause of the United States Constitution and, (2) retroactive application of our decision today to pending cases passes the test enunciated in State v. Ikezawa, 75 Haw. 210, 857 P.2d 593 (1993). We therefore answer the second reserved question in the affirmative.
Having answered both reserved questions affirmatively, we remand t
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