Right to counsel

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Legislation, Quarantine/Inoculation of Individual

If the Governor has declared a state of emergency, the Governor may  “provide for and require the quarantine or segregation of persons who are affected with or believed to have been exposed to any infectious, communicable, or other disease that is, in the governor’s opinion, dangerous to the public health and safety, or persons who are the source of other contamination, in any case where, in the governor’s opinion, the existing laws are not adequate to assure the public health and safety.”   Haw. Rev. Stat. § 127A-13(a)(1).   Parties affected by an order of quarantine made pursuant to a state of emergency, may seek a preliminary or interlocutory injunction, or a temprorary restraining order.  Haw. Rev. Stat. § 127A-27.  No right to counsel is specifically articulated, though the procedures to challenge a quarantine order, outlined below, may apply.  

 

Outside the context of a state of emergency, the Department of Health and Human Services "...shall have authority in matters of quarantine and other health matters and may declare and enforce quarantine when none exists and modify or release quarantine when it is established."  Haw. Rev. Stat. § 321-1(c).  "The Department of Health and Human Services, shall seek an ex parte order from the court prior to or immediately after the quarantine of an individual.  Haw. Rev. Stat. § 325-8(e),(f).  The individual has the right to challenge the ex parte order. Haw. Rev. Stat. § 325-8(g).  "Upon written request, the court shall appoint counsel at state expense to represent individuals or groups of individuals who are or who are about to be quarantined pursuant to this section and who are not otherwise represented by counsel. Adequate means of communication between those individuals or groups and their counsel and guardians ad litem shall be provided."  Haw. Rev. Stat. § 325-8(l).  If multiple individual challenges are filed, the Court may consolidate the cases if several factors are met, including that the "entire group will be adequately represented in the consolidation."  Haw. Rev. Stat. § 325-8(m)(4). 

Appointment of Counsel: categorical Qualified: no