In the Interest of Doe

869 P.2d 1304, 76 Haw. 85, 1994 Haw. LEXIS 15
CourtHawaii Supreme Court
DecidedFebruary 28, 1994
Docket15986
StatusPublished
Cited by78 cases

This text of 869 P.2d 1304 (In the Interest of Doe) is published on Counsel Stack Legal Research, covering Hawaii Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In the Interest of Doe, 869 P.2d 1304, 76 Haw. 85, 1994 Haw. LEXIS 15 (haw 1994).

Opinions

LEVINSON, Justice.

The present appeal requires us to answer the following significant question of first impression in this jurisdiction: What are the constitutional constraints placed upon the state’s power to prosecute a criminal defendant for the offense of “harassment,” in violation of Hawaii Revised Statutes (HRS) § 711—1106(1)(b) (1985),1 by the “fighting [89]*89words” doctrine originally enunciated in Chaplinsky v. New Hampshire, 315 U.S. 568, 62 S.Ct. 766, 86 L.Ed. 1031 (1942)? The issue arises in the context of the juvenile-appellant John Doe’s (the Minor) claim that the evidence presented at his adjudication hearing, pursuant to the petition filed by the state, was insufficient to permit the district family court to adjudge him a “law violator” in accordance with HRS ch. 571 (1985 & Supp.1992)2 and the Hawai'i Family Court Rules (HFCR).3 Because, for the reasons stated in this opinion, the evidence was insufficient as a matter of law to establish that the Minor violated HRS § 711-1106(1)(b), we reverse the district family court’s order and decree and remand for the entry of an order dismissing the petition.4

I. BACKGROUND

On November 14, 1991, pursuant to HRS § 571-11(1) (1985), a petition was filed in the Family Court of the First Circuit Court, State of Hawai'i, alleging that:

On or about the 20th day of September, 1991, in the City and County of Honolulu, State of Hawai[‘]i, [the Minor], with intent to harass, annoy, or alarm Officer Timothy Mariani, did insult, taunt, or challenge said Officer Timothy Mariani, in a manner like[90]*90ly to provoke a violent response, thereby committing the offense of Harassment in Violation of [HRS §] 711-1106(1)(b).

An adjudication hearing was conducted in the district family court on February 3,1992. The prosecution called Officer Mariani as its sole witness, and the Minor (who was represented by counsel) adduced the testimony of four witnesses, including himself.

The unchallenged findings of fact (FOF), as entered by the district family court on April 15, 1992 pursuant to HFCR 52(a) (1982),5 were in relevant part as follows:

1. [The Minor] is the subject minor of this matter whose birth date is January 5, 1976;
2. The events which form the basis of this matter occurred near and at the Minor’s residence, 1137 Hala Drive, Apt. No. 13-B, also known as Lanakila Housing (hereinafter “Housing”), which is situated in the City and County of Honolulu, State of Hawai[‘]i;
3. On September 20,1991, Officer Timothy Mariani from the Honolulu Police Department, responded to a complaint of noise from a “loud radio” within the Housing area;
4. Upon his arrival at the Housing area, Officer Mariani approached four males who were seated upon a wall, constructed alongside a road within the Housing area;
5. The Minor was one of the four males present and seated upon this wall and was questioned by Officer Mariani about his age6 and absence from school;
6. The Minor’s response to Officer Mariani’s inquiry relating to school was that he was “sick”, after which the Minor was escorted back to his home on foot by Officer Mariani;
7. ... [T]he Minor was angry and upset about the situation and manner in which Officer Mariani was treating him;
8. The Minor was in his house and Officer Mariani was outside of the home, just outside the front screen door, when the Minor was being questioned by his mother;
9. ... [T]he Minor’s response and conversation with his mother was sarcastic, disrespectful, and vulgar;
10. ... Officer Mariani verbally reacted to the Minor’s statements and conversations [sic] with his mother, and told the Minor that he should not speak to his mother in that fashion;
11. The Minor’s reaction in a very loud and menacing tone was that if Officer Mariani wanted to “go”, he should take off his badge and gun;7
[91]*9112. Following this response by the Minor, and without permission from the Minor or mother, Officer Mariani entered the home and arrested the Minor for Harassment!;.] 8

Based on the foregoing FOF, the district family court concluded that “there is proof beyond a reasonable doubt ... that the Minor, with intent to harass, annoy, or alarm Officer Mariani, did insult, taunt, or challenge Officer Mariani in a manner that was likely to provoke a violent response.'” (Emphasis added.) Accordingly, on February 4, 1992, the district family court entered an “amended findings, order and decree” adjudging the Minor a law violator for having committed the offense of harassment, in violation of HRS § 711—1106(1)(b).

On February 20, 1992, the Minor filed a “motion for reconsideration of verdict.” A hearing was conducted on March IB, 1992, following which the district family court entered an “order and decree” denying the motion. The Minor timely filed his notice of appeal.

II. DISCUSSION

A. Elements Of The Offense Of Harassment

“Harassment ... is a form of disorderly conduct aimed at a single person, rather than at the public.” Commentary on HRS § 711-1106 (1985), at 273.9 Because police officers are not considered members of the public, “[a] person may not be arrested for disorderly conduct as a result of activity which annoys only the police.... Policemen are trained and employed to bear the burden of hazardous situations, and it is not infrequent that private citizens have arguments with them.” Commentary on HRS § 711-1101 (1985), at 268. “An individual policeman may, however, be the object of harassment under [HRS] § 711-1106,” id. at 268 n. 1 (emphasis added), because HRS § 711-1106(1)(b) is “aimed at preserving peace. It prohibits insults, taunts, or challenges which are likely to provoke a violent or disorderly response. This is distinguished from disorderly conduct because it does not present a risk of public inconvenience or alarm.” Commentary on HRS § 711-1106, at 273 (emphasis added).

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Bluebook (online)
869 P.2d 1304, 76 Haw. 85, 1994 Haw. LEXIS 15, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-the-interest-of-doe-haw-1994.