Motion for Change of Venue

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Table of Contents

1. Caption
2. Motion for Change of Venue
3. Statement of Facts
4. Grounds for Change of Venue
5. Supporting Evidence
6. Statutory and Constitutional Authority
7. Factors for the Court to Consider
8. Proposed Alternative Venue
9. List of Affidavits and Exhibits
10. Proposed Order
11. Certificate of Service
12. Hawaii Practice Notes

Caption

IN THE CIRCUIT COURT OF THE [FIRST/SECOND/THIRD/FIFTH] CIRCUIT

STATE OF HAWAII

STATE OF HAWAII,

  Plaintiff,

v.          Case No.: [________________________________]

[DEFENDANT NAME],

  Defendant.

MOTION FOR CHANGE OF VENUE (TRANSFER FOR TRIAL)

Motion for Change of Venue

COMES NOW the Defendant, [DEFENDANT NAME], by and through undersigned counsel, and respectfully moves this Honorable Court pursuant to Hawaii Revised Statutes § 806-18, Hawaii Rules of Penal Procedure, Rule 21, and the Hawaii Constitution, Article I, Section 14, for an Order transferring the trial of this criminal matter from the [FIRST/SECOND/THIRD/FIFTH] Circuit to another circuit where a fair and impartial trial can be obtained.

In support of this Motion, Defendant states as follows:

Statement of Facts

1. The Defendant, [DEFENDANT NAME], has been charged with [CHARGES] by [INDICTMENT/COMPLAINT] filed on or about [DATE].

2. The alleged offense(s) occurred on or about [DATE OF ALLEGED OFFENSE] on the island of [________________________________], in the [FIRST/SECOND/THIRD/FIFTH] Circuit, State of Hawaii.

3. Arraignment was held on [DATE] / is scheduled for [DATE].

4. Since the filing of charges, the following circumstances have made a fair and impartial trial impossible in this circuit:

[________________________________]

Grounds for Change of Venue

A. Pretrial Publicity and Community Prejudice

5. Extensive media coverage has saturated the [ISLAND NAME] community, creating pervasive prejudice against the Defendant:

 a. [MEDIA OUTLET 1] published/broadcast [NUMBER] stories between [START DATE] and [END DATE].

 b. [MEDIA OUTLET 2] published/broadcast [NUMBER] stories between [START DATE] and [END DATE].

 c. The media coverage has included prejudicial content such as [DESCRIBE CONTENT].

6. The publicity has included information inadmissible at trial:

 a. [________________________________]

 b. [________________________________]

B. Convenience of Parties and Witnesses

7. [IF APPLICABLE: The convenience of parties and witnesses supports transfer:]

 a. [________________________________]

 b. [________________________________]

C. Interest of Justice

8. [IF APPLICABLE: The interest of justice requires a change of venue:]

 a. [________________________________]

D. Public Safety / Security Concerns

9. [IF APPLICABLE: Safety or security concerns necessitate transfer:]

 a. [________________________________]

Supporting Evidence

Media Coverage Log

Social Media Posts and Public Statements

10. Social media and public statements demonstrate community prejudice:

 a. [PLATFORM/SOURCE], dated [DATE]: [DESCRIPTION]

 b. [PLATFORM/SOURCE], dated [DATE]: [DESCRIPTION]

 c. [PLATFORM/SOURCE], dated [DATE]: [DESCRIPTION]

Polling Data (If Applicable)

11. [IF APPLICABLE: A community survey conducted by [FIRM] on [DATE] demonstrates that [PERCENTAGE]% of residents on [ISLAND NAME] have formed an opinion regarding Defendant's guilt.]

Statutory and Constitutional Authority

A. Hawaii Statutory Authority

12. Hawaii Revised Statutes § 806-18 provides authority for change of venue in criminal cases when a fair trial cannot be had in the circuit where the case is pending.

B. Hawaii Rules of Penal Procedure

13. HRPP Rule 21 authorizes the court to transfer a criminal case for trial to another circuit for prejudice, the convenience of parties and witnesses, or in the interest of justice.

14. HRPP Rule 21(c) provides that upon transfer, the clerk transmits the record and bail to the receiving court.

15. HRPP Rule 22 provides that the motion may be made at or before arraignment, or at such other time as the court or rules prescribe.

16. HRPP Rule 48 provides that time during which a change of venue motion is pending is excluded from speedy trial computations.

C. Hawaii Constitutional Authority

17. Hawaii Constitution, Article I, Section 14 provides that "[i]n all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial by an impartial jury of the district wherein the crime shall have been committed."

D. Federal Constitutional Authority

18. The Sixth Amendment guarantees the right to trial by an impartial jury.

19. The Fourteenth Amendment guarantees due process. See Irvin v. Dowd, 366 U.S. 717 (1961); Sheppard v. Maxwell, 384 U.S. 333 (1966).

E. Hawaii Case Law

20. In State v. Hashimoto, 46 Haw. 183, 377 P.2d 728 (1962), the Hawaii Supreme Court addressed change of venue standards.

21. In State v. Dwyer, 78 Hawai'i 367, 893 P.2d 795 (1995), the Court further addressed the factors considered in venue change decisions.

Factors for the Court to Consider

22. The Court should evaluate:

☐ The nature and extent of pretrial publicity

☐ The size and insularity of the island community

☐ Whether the publicity is factual or inflammatory

☐ Whether the publicity includes information inadmissible at trial

☐ The degree of community hostility toward the Defendant

☐ The time elapsed between the publicity and the trial

☐ The limited media market and population of the island

☐ Whether alternative remedies (extended voir dire, jury questionnaires, continuance) are adequate

☐ The convenience of parties and witnesses

☐ The interests of justice

☐ Logistical considerations of inter-island transfer

Proposed Alternative Venue

23. The Defendant proposes transfer to the [FIRST/SECOND/THIRD/FIFTH] Circuit (island of [________________________________]), because:

 a. That circuit/island has not experienced the same level of media coverage.

 b. Adequate court facilities are available.

 c. Transfer serves the interests of justice.

 d. [________________________________]

List of Affidavits and Exhibits

Proposed Order

IN THE CIRCUIT COURT OF THE [FIRST/SECOND/THIRD/FIFTH] CIRCUIT

STATE OF HAWAII

STATE OF HAWAII v. [DEFENDANT NAME]

Case No.: [________________________________]

ORDER GRANTING CHANGE OF VENUE

Upon consideration of the Defendant's Motion for Change of Venue, supporting affidavits, exhibits, and arguments of counsel:

IT IS ORDERED that the Defendant's Motion for Change of Venue is GRANTED.

IT IS FURTHER ORDERED that this matter is transferred from the [FIRST/SECOND/THIRD/FIFTH] Circuit to the [FIRST/SECOND/THIRD/FIFTH] Circuit for trial.

IT IS FURTHER ORDERED that the Clerk of this Court shall transmit all records, bail, and documents to the receiving court pursuant to HRPP Rule 21(c).

DATED this [____] day of [________________________________], 20[____].

________________________________________
Judge, Circuit Court

Certificate of Service

I hereby certify that on [__/__/____], a true and correct copy of the foregoing Motion for Change of Venue, with all supporting affidavits and exhibits, was served upon:

[PROSECUTING ATTORNEY NAME]
Office of the Prosecuting Attorney
County of [________________________________]
[ADDRESS LINE 1]
[CITY], Hawaii [ZIP CODE]

by: ☐ Hand delivery ☐ U.S. Mail ☐ Electronic filing (JEFS) ☐ Facsimile

________________________________________
[ATTORNEY NAME]
[HAWAII BAR NO.]
Attorney for Defendant
[LAW FIRM NAME]
[ADDRESS LINE 1]
[CITY], Hawaii [ZIP CODE]
[PHONE]
[EMAIL]

Hawaii Practice Notes

Standard of Review: Abuse of discretion. State v. Dwyer, 78 Hawai'i 367, 893 P.2d 795 (1995).

Interlocutory Appeal: Limited. Interlocutory appeal may be available under certain circumstances but is not guaranteed.

Timeliness: Under HRPP Rule 22, the motion may be made at or before arraignment, or at such other time as the court prescribes.

Speedy Trial Exclusion: Under HRPP Rule 48, time during which a change of venue motion is pending is excluded from the computation of time for speedy trial purposes.

Island Community Considerations: Hawaii's island communities are geographically isolated with limited populations and media markets. This can make pretrial publicity particularly pervasive and difficult to escape, which should be emphasized in the motion.

Four Judicial Circuits:

• First Circuit: Oahu (City and County of Honolulu)
• Second Circuit: Maui County (Maui, Molokai, Lanai)
• Third Circuit: Hawaii County (Big Island)
• Fifth Circuit: Kauai County (Kauai, Niihau)

Record Transfer: Upon transfer, the clerk transmits the record and bail to the receiving court under HRPP Rule 21(c).

Inter-Island Logistics: Consider the practical and financial implications of inter-island transfer for the defendant, witnesses, counsel, and evidence.