State seeks to protect Ige from testifying in contested case

Executive privilege could keep Gov. David Ige from testifying during the Thirty Meter Telescope contested case.

The state Department of the Attorney General filed a motion Monday seeking a protective order for Ige, state Board of Land and Natural Resources Chairwoman Suzanne Case and board member Stanley Roehrig.

Each were part of the witness list submitted by attorney Richard Wurdeman, who represents the original six TMT contested case petitioners. Their list suggests a representative of the Governor’s Office could act as a substitute.

Parties in the contested case are allowed to call witnesses for testimony before hearings officer Riki May Amano.

The state argues that executive privilege should keep Ige and Case from being called as witnesses.

“Gov. Ige and Chair Case enjoy immunity from testifying absent extraordinary circumstances,” the state’s motion says. “The party summoning a high-ranking government official has the burden of establishing that only the official can provide the information sought.”

The state also argues that quasi-judicial immunity should prevent Case and Roehrig from testifying since the Land Board is responsible for deciding whether the telescope should again receive its land use permit for Mauna Kea.

The state Supreme Court remanded the permit after ruling in December that the board violated the state’s constitution by voting in favor of the permit prior to the original contested case.

About two dozen parties are now part of the contested case, a quasi-judicial hearing.

At least 135 witnesses have been proposed.

Amano will have another hearing from 2-5 p.m. Friday at the Hawaii Community College cafeteria.

Email Tom Callis at tcallis@hawaiitribune-herald.com.