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NO. 22376 IN THE SUPREME COURT OF THE STATE OF HAWAI#I

STATE OF HAWAI#I, Plaintiff-Appellee vs. RODRICK A. HUBERT, Defendant-Appellee ----------------------------------------------------------------THE OFFICE OF THE PUBLIC DEFENDER, Real Party in Interest-Appellant

APPEAL FROM THE DISTRICT COURT OF THE SECOND CIRCUIT (CASE NO. TR23: 2/10/99) SUMMARY DISPOSITION ORDER (By: Moon, C.J., Levinson, Nakayama, Ramil, and Acoba, JJ.) The Office of the Public Defender (OPD) appeals the February 11, 1999 Order for Sanction imposed by the District Court of the Second Circuit, Wailuku Division, the Honorable Douglas H. Ige presiding. The district court imposed a fine of

$50.00 on the OPD "for failing to file a timely Motion to Dismiss." On appeal, the OPD contends that the district court

"erred in imposing the Order for Sanction," and that "[d]ue process requires prior notice and hearing so that the Office of the Public Defender . . . may prepare and have an opportunity to be heard on the charge."

Upon carefully reviewing the record and the briefs submitted by the parties and having given due consideration to the arguments advanced and the issues raised, we hold that the OPD failed to provide viable arguments so as to enable this court to grant it relief from the Order for Sanction. Under

the district court's inherent powers pursuant to HRS

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