The Maui News

The Hawaii Supreme Court ruled on June 17 that the District Court of the Second Circuit exceeded their statutory authority by ordering Melissa Fay to return to court every six months for “nearly eleven years,” to monitor her compliance with monthly restitution payments, according to court documents.

Fay was ordered to pay restitution of $6,504 in monthly payments of $50 after, “she drove her car into a tree.”

The car Fay crashed was owned by Kahului Auto Sales, Inc., and the company sought restitution for the totaled vehicle. Fay ultimately agreed to pay Kahului Auto Sales $6,504 in restitution, according to court documents.

“The State prosecuted Fay for an open container, intoxicated driving, inattention to driving, and driving without insurance. Fay resolved her case by plea agreement. It did not include imprisonment or probation. Fay agreed to pay a freestanding order of restitution,” court documents state.

The District Court of the Second Circuit followed the plea deal. Then it ordered indefinite compliance hearings every six months to monitor Fay’s restitution payments until the restitution was satisfied.

“District Court Judge Lauren Akitake asked Fay what she could afford to pay. Fay said $50 per month. The court ordered her to pay that amount. On her own initiative, Judge Akitake ordered Fay to return to the district court in six months. The court told Fay she would have ongoing proof of compliance hearings until she paid off the restitution,” the Hawaii Supreme Court Opinion reads.

Fay protested against the hearings to monitor her restitution payments, but argued unsuccessfully as the court ordered her to appear every six months to ensure she was following the plea deal. Fay appealed the decision from the District Court of the Second Circuit to the Intermediate Court of Appeals( ICA).

In a summary disposition order, the ICA sided with the District Court of the Second Circuit. The ICA affirmed the district court, concluding that it possessed “post-judgment jurisdiction to enforce its order that Fay pay restitution.”

Fay filed a writ of certiorari on January 06, 2024, seeking the Supreme Court of Hawaii review the decision of the lower courts. The court accepted the writ of certiorari on February 23, 2024.

On June 17, the highest court in the state vacated the ICA’s judgment on appeal.

“If the district court continues to order Fay to appear in court every six months, she may have to return to court 21 times without ever being placed on the six-month period of probation for her petty misdemeanor conviction,” the opinion reads.