IN THE SUPREME COURT OF THE STATE OF HAWAI`I
BRANDON JAY SILVA, Petitioner-Appellant,
vs.
ADMINISTRATIVE DIRECTOR OF THE COURTS,
Respondent-Appellee.
APPEAL FROM THE DISTRICT COURT OF THE FIRST CIRCUIT
(Original Case No. 01-0065)
SUMMARY DISPOSITION ORDER
(By: Moon, C.J., Levinson, Nakayama, Ramil, JJ.,
and Acoba, J., Concurring separately)
The petitioner-appellant Brandon Jay Silva appeals from the judgment of the district court of the first circuit, the Honorable I. Norman Lewis presiding, filed on May 29, 2001, affirming the administrative revocation of his driver's license. On appeal, Silva argues that the district court erred in: (1) holding that he was not denied his state and federal constitutional rights to a public hearing on the basis that attendees at administrative driver's license revocation office (ADLRO) hearing are required to sign in with identification; and (2) holding that he had not been denied his state and federal constitutional rights to due process of law on the basis that Hawai`i Revised Statutes (HRS) Chapter 286, Part XIV (1993 and Supp. 2000) does not provide for a specific procedure at an ADLRO hearing.
Upon carefully reviewing the record and the briefs submitted by the parties and having given due consideration to the arguments advanced and the issues raised by the parties, (1) we affirm the judgment of the district court. First, assuming, arguendo, that Silva has standing to assert the public's right to attend his hearing and that an ADLRO hearing is a "public" hearing, a sign-in requirement does not infringe the public's right of access and is a reasonable security measure. Second, Silva's ADLRO hearing afforded him due process. See Desmond v. Administrative Director of the Courts, 91 Hawai`i 212, 216, 982 P.2d 346, 350-55 (App. 1998), rev'd on other grounds, 90 Haw. 301, 978 P.2d 739 (1999). Therefore,
IT IS HEREBY ORDERED that the judgment from which the appeal is taken is affirmed.
DATED: Honolulu, Hawai`i, July 9, 2002.
Earl A. Partington, for the
petitioner-appellant,
Brandon Jay Silva
Girard D. Lau (Deputy
Attorney General), for
the respondent-appellee,
Administrative Director
of the Courts