STAND. COM. REP. NO.156

Honolulu, Hawaii

, 2001

RE: H.B. No. 828

H.D. 1

 

 

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-First State Legislature

Regular Session of 2001

State of Hawaii

Sir:

Your Committee on Judiciary and Hawaiian Affairs, to which was referred H.B. No. 828 entitled:

"A BILL FOR AN ACT RELATING TO COURTS,"

begs leave to report as follows:

The purpose of this bill is to amend Hawaii's law regarding exemptions from juror service by repealing the exemption from juror service for attorneys, heads of executive departments, elected officials, judges, ministers or priests, practicing physicians or dentists, and active members of the armed forces, police, and fire departments.

Supportive testimony was submitted by the Judiciary, Common Cause Hawaii, the League of Women Voters of Hawaii, and two private citizens.

Testimony in opposition was submitted by the Department of the Attorney General and a representative of the Christian Science ministry.

Your Committee finds that each member of the community has a civic responsibility to perform jury duty. Selection of a jury representing a broad cross-section of the population is critical to the constitutional right to be judged by a panel of one's peers. Elected officials share this responsibility as well, but should remain exempt from jury duty while actively performing the duties of public office.

Accordingly, your Committee has amended this bill by:

(1) Providing that an elected official serving in a legislative capacity may claim exemption from jury service only when the legislative body is in session; and

(2) Adding a sunset provision to the bill so that it will be repealed on June 30, 2003.

As affirmed by the record of votes of the members of your Committee on Judiciary and Hawaiian Affairs that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 828, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 828, H.D. 1, and be placed on the calendar for Third Reading.

 

Respectfully submitted on behalf of the members of the Committee on Judiciary and Hawaiian Affairs,

____________________________

ERIC G. HAMAKAWA, Chair