STAND. COM. REP. NO.1114

Honolulu, Hawaii

, 2001

RE: H.B. No. 828

H.D. 1

S.D. 1

 

 

Honorable Robert Bunda

President of the Senate

Twenty-First State Legislature

Regular Session of 2001

State of Hawaii

Sir:

Your Committee on Transportation, Military Affairs and Government Operations, to which was referred H.B. No. 828, H.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO COURTS,"

begs leave to report as follows:

The purpose of this measure is to repeal automatic occupation-based exemptions from jury service for attorneys, executive department heads, elected officials, judges, priests and ministers, physicians, dentists, and active members of the armed forces, police, and fire departments.

Your Committee received testimony in support of this measure from the Judiciary, the League of Women Voters of Hawaii, a practicing physician, and a concerned citizen. Testimony in opposition to this measure was received from eleven practicing dentists and one dental assistant.

Your Committee finds that it is a State policy that all qualified citizens have a right and an obligation to serve as jurors. One of the hallmarks of a participatory democracy is the right to sit on a jury and participate in the meting out of justice.

Your Committee finds that over the years the number of automatic occupation-based exemptions from jury service has increased significantly, so that the pool of qualified juror candidates has become much smaller. Consequently, it has become much more difficult to empanel a jury in Hawaii.

Your Committee agrees that members of certain professions have work-related obligations that make it difficult to serve on a jury. At the same time, your Committee recognizes that the court can excuse individual jurors because of personal and professional hardship. Your Committee agrees that there should be fewer automatic occupation-based exemptions, and therefore agrees with the intent of this measure.

Your Committee amended this measure to reinstate the automatic exemptions for practicing physicians and dentists, and active members of police and fire departments. These professions are extremely important to our personal health and safety, and your Committee believes that they should be allowed to forgo jury service in order to serve our community.

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

Respectfully submitted on behalf of the members of the Committee on Transportation, Military Affairs and Government Operations,

____________________________

CAL KAWAMOTO, Chair