STAND. COM. REP. NO. 3069

                                   Honolulu, Hawaii
                                                     , 2000

                                   RE:  S.C.R. No. 116
                                        S.D. 1




Honorable Norman Mizuguchi
President of the Senate
Twentieth State Legislature
Regular Session of 2000
State of Hawaii

Sir:

     Your Committee on Judiciary, to which was referred S.C.R.
No. 116 entitled:

     "SENATE CONCURRENT RESOLUTION REQUESTING THE JUDICIAL
     SELECTION COMMISSION TO CONDUCT PUBLIC HEARINGS AND CONSIDER
     JUDICIAL PERFORMANCE BASED UPON PEER REVIEW WITH RESPECT TO
     JUSTICES AND JUDGES WHO ARE BEING CONSIDERED FOR RETENTION,"

begs leave to report as follows:

     The purpose of this resolution, as received by your
committee, is to request the Judicial Selection Commission to
conduct public hearings when justices and judges have requested
retention as a jurist upon the expiration of their term of
office.

     Testimony in support of this measure was submitted by the
West Hawaii Humane Society and two individuals.  Testimony
commenting on this measure was submitted by the Hawaii State Bar
Association.  Testimony opposing this measure was submitted by
the Judicial Selection Commission.

     Upon further consideration, your Committee has amended this
measure by deleting its title and content and replacing them with
provisions requesting that:

     (1)  The Judiciary provide opportunities for recognition of
          excellent judges and justices;


 
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     (2)  The Chief Justice continue the practice of conducting
          judicial evaluations;

     (3)  The Chief Justice open the judicial evaluation process
          to a panel of qualified persons, including former
          judges and members of the community;

     (4)  The Judiciary create a process for judicial evaluation
          of members of the Intermediate Court of Appeals and the
          Supreme Court; and

     (5)  The Judiciary carry out a public relations campaign to
          educate the general public as to the evaluation process
          for a judge.

     As affirmed by the record of votes of the members of your
Committee on Judiciary that is attached to this report, your
Committee concurs with the intent and purpose of S.C.R. No. 116,
as amended herein, and recommends that it be referred to the
Committee on Ways and Means, in the form attached hereto as
S.C.R. No. 116, S.D. 1.

                                   Respectfully submitted on
                                   behalf of the members of the
                                   Committee on Judiciary,



                                   ______________________________
                                   AVERY B. CHUMBLEY, Co-Chair



                                   ______________________________
                                   MATTHEW M. MATSUNAGA, Co-Chair

 
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