Freitas v. Administrative Director of the Courts6/16/2004
h access, a party has a constitutional right to a hearing as to the validity of the restrictions. While the hearing officer declared that Freitas's argument regarding the public's right of access was outside the scope of the administrative process, the officer did address the issue in writing. The hearing officer's Findings of Fact, Conclusions of Law and Decision provides in relevant part:
t is important to make the following determinations related to counsel's arguments:
1) The ADLRO office area includes three hearing rooms that are not separated from the general officer area. The hearing rooms each have a wooden door without windows. If the hearing door, which remains unlocked but usually closed during hearings, is opened, the persons in the hearing will walk out of the hearing room and into the office area, which include but is not limited to, personal cubicles without any doors and desk tops of the hearing officers and staff, storage, file cabinets, personnel files, computers, office supplies, etc.;
2) The ADLRO bathrooms and water fountain are open to the public and are both located in the back of the officer area. Use of the facilities require members of the public to walk unescorted through the office area, including but not limited to, hearing officer and staff cubicle (where computers, files, personal items are located); the file cabinets and desks which contain all active and pending case files; the facsimile machine which continuously receives transmittals from respondents, law enforcement, and other agencies;
3) Unlike court facilities that have screening devices, cameras, secured door entrances, secured document (case files) storage area, secured judges' chambers and security personnel immediately available and present on location, the ADLRO has none of these security measures;
4) In the past, the ADLRO has been subject to bomb threats, personal threats, angry letters, bullet holes through the windows that surround the office area, empty beer cans left in the perimeter of the office, and angry calls from individuals and their family members, who have had their driver's license revoked;
5) The proposed security procedures were submitted to staff judiciary attorney for review, comments, and recommendations. All recommendations were formalized into the current security measures stated in the ADLRO Memorandum relating to New Security Sign[-]In Procedures dated May 14, 2001; and
6) As of January 1, 2002, the ADLRO has received cases that involve driving while under the influence of the drugs, which also pose another security consideration for the ADLRO.
As an initial matter, we observe that there is no right afforded by statute to a public hearing in an ADLRO proceeding. However, the Director maintains that the public had full access to the proceeding and " he only reason the anonymous person was turned away was because she refused to sign in and provide identification."
A.
We hold first, that Freitas lacked standing to assert any right of access the anonymous woman may have claimed. In the absence of well recognized exceptions, this court has clearly held that " onstitutional rights may not be vicariously asserted." Kaneohe Bay Cruises, Inc. v. Hirata, 75 Haw. 250, 256, 861 P.2d 1, 9 (1993) (quoting State v. Marley, 54 Haw. 450, 457, 509 P.2d 1095, 1101 (1973)). In Kaneohe Bay Cruises, a cruise company sought declaratory relief claiming that Act 313, 1990 Session Laws of Hawaii, pertaining to restrictions on recreational activities in Kaneohe Bay on the weekends and holidays, was unconstitutional because it "discriminated against persons based on race, national origin, an
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