Turn On Your Recorder!
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Hawaii is a “one party consent” state for recording. This means you can legally record or give your prior consent to have someone else record, any in person or phone conversations you are a party to, and you don’t have to let the other party know you are doing it.
Haw. Rev. Stat. § 803-42(b)(3)(A) It shall not be unlawful under this part for a person not acting under color of law to intercept a wire, oral, or electronic communication when the person is a party to the communication or when one of the parties to the communication has given prior consent to the interception unless the communication is intercepted for the purpose of committing any criminal or tortious act in violation of the Constitution or laws of the United States or of this State. [emphasis added]
Who should you record?
- Defense Attorney
- Probation Officers
- Child Welfare Services
- Department of Human Services
- Domestic Violence Advocates
- Guardian Ad Litum
- Any other corrupt official you have to deal with
Why should you record?
To protect yourself against false accusations, to expose the illegal activities occurring in our courtrooms, and to gather evidence of corrupt behaviors.
Be prepared to have some of these officials tell you that your meetings are confidential, so you can’t record them. What they don’t tell you is that YOU possess the power of confidentiality. Whenever you are the client/patient/probationer, THEY are legally bound to keep your confidentiality. You alone possess the right to disclosure. They can’t record you without your knowledge and consent, but you can record them.
Additionally, there are numerous Court decisions supporting citizens rights to record public officials. On August 26, 2011, the United States Court of Appeals
For the First Circuit published their decision of Glick v. Cunnifee, et. al. It is interesting to note that this case is from the Commonwealth of Massachusetts, an ALL PARTY consent state. We have highlighted some of the more salient points below.