Extension Likely for Hawaii Shield Law

Hawaii State Legislature

Senate Judiciary and Labor voted unanimously Thursday to pass a two-year extension of Hawaii's Shield Law that protects journalists from having to reveal their sources and notes in most cases.

Act 210, enacted in 2008, was set to sunset June 30.

The American Civil Liberties Union of Hawaii, the Society of Profession Journalists-Hawaii Chapter, the Big Island Press Club and Common Cause Hawaii sought to have the law made permanent.

But Judiciary Chairman Clayton Hee said the Senate accepted the recommendations of the Hawaii Judiciary, which wants to study the matter and report to the Hawaii Legislature in the 2012 session.

Hee said, "To me the most important things is that the bill goes forward," adding, "This allows the Judiciary to weigh in on the rules of evidence.

But Jeff Portnoy, a attorney and expert on First Amendment issues, complained to Hee's committee that "the only entity" that voiced opposition to the law when it was written three years ago was the state Judiciary.

"Nothing in the bill we are aware of required a report from the Judiciary, and it wasn't until this morning we heard about not making it permanent so the Judiciary can do some study," said Portnoy.

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