A judge has ordered the Hawaii attorney general’s office to turn over all documents, interviews, and data collected by an outside team hired to investigate last summer’s Maui wildfires to the lawyers involved in the hundreds of lawsuits related to the disaster. Attorneys representing plaintiffs in the August fires filed a motion last month to compel the state to provide them with the material gathered by the Fire Safety Research Institute, which was hired by the state. The state initially refused, citing concerns that disclosing the records would jeopardize the investigation.
Following the deadliest U.S. wildfire in over a century that hit Lahaina and killed 101 people, Hawaii Attorney General Anne Lopez announced the hiring of outside investigators. A report was released on the first phase of the investigation, showing a breakdown in communication that left authorities in the dark and residents without emergency alerts. However, the report did not draw conclusions about the actions taken by officials. During a hearing on Maui, Deputy Attorney General David Matsumiya expressed concerns that releasing information could prompt individuals who have not been interviewed yet to change their stories. The judge questioned these concerns and emphasized the importance of ensuring that litigation moves forward.
The attorney general’s office expressed grave concern over the judge’s order to release the investigation materials, stating that the fact-finding process and analysis are critical to preventing future tragedies. The office is reviewing options on how to proceed in light of the order. Judge Cahill acknowledged the state’s concerns, but emphasized the importance of allowing attorneys access to the information to avoid delays in the litigation process. With approximately 400 lawsuits involving thousands of plaintiffs, the judge stressed the importance of the truth-seeking mechanism provided by the litigation process.
During a separate hearing to discuss the coordination of the lawsuits, concerns were raised about the investigative process being tainted. An attorney representing Maui County suggested that investigators did not inform individuals of their rights before questioning them, potentially impacting the integrity of the investigation. The state argued that they are trying to protect the integrity of the investigation to create a better future for Lahaina, but the judge emphasized the need to address past issues as well. The litigation process will ultimately determine whether there were any legal breaches of duty.
Amid the various concerns and legal battles surrounding the Maui wildfires, the judge emphasized the importance of allowing the litigation process to move forward. With trials scheduled to begin in November for a handful of lawsuits, the process of seeking truth and holding responsible parties accountable is underway. The investigation into the wildfires, conducted by an outside agency due to the state’s lack of a fire marshal, will play a crucial role in determining what steps must be taken to prevent similar tragedies from occurring in the future. The attorney general’s office, the plaintiffs’ attorneys, and the judge continue to navigate the complexities of the legal proceedings to ensure justice is served for those affected by the devastating wildfires.