I argued the health and safety provision of UIPA as a reason to disclose. That provision was superceded by HRS 3318-18.
So, I was told I didn’t have a tangible interest.
In Lakin’s case, he could have tangible interest as the individual making the request.
Regardless, I know the DOH won’t disclose, it’s getting it in front of a judge that’s important. The UIPA states that the judge will view the requested record behind closed doors.
If for example, the BC is suspect and has been amended or filed late with a non-institution birth, or foreign birth—the judge would really have to throw out all law to declare that Lakin has no tangible interest and that Obama’s BC is not necessary for the “determination of his personal rights.”
Anyway, Lakin requesting would be very different than me requesting. He wouldn’t have to even cite UIPA. He could just make a direct request and state his tangible interest.
I guess that would (or should) be a sure way to get the BC in front of a judge quickly.
The thing to do would be to get a lawyer to look at the idea and recommend it to Lakin’s counsel. I think that’s about the only way to get their attention.
Even if a judge saw that it was amended they could still deny that Lakin has any interest in it. That’s what the military judge has done - without even looking at any evidence.
Wow, I can tell I’m tired. When I’m tired everything looks impossible. I need to hit the hay and let my tank refill I think.