Report Title:

Con Am; Judicial Selection Commission

Description:

Proposes a constitutional amendment: (1) rotating who appoints judicial selection commissioners from a neighbor island; (2) prohibiting commissioners from direct interest in the success or failure of ballot questions or political candidates; and (3) requiring publication of commissioners' biographies.

THE SENATE

S.B. NO.

1742

TWENTY-THIRD LEGISLATURE, 2005

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

proposing an amendment to article vi, section 4, of the hawaii constitution relating to the judicial selection commission.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. The purpose of this Act is to propose an amendment to article VI, section 4, of the Constitution of the State of Hawaii to rotate the appointing entity for the neighbor island members to the judicial selection commission; to prohibit members from having a direct interest in the success or failure of ballot questions or political candidates when appointed, or from actively supporting or opposing a political candidate or ballot question while serving as a member of the commission; and to require the publication of member biographies.

SECTION 2 Article VI, section 4, of the Constitution of the State of Hawaii is amended to read as follows:

"JUDICIAL SELECTION COMMISSION

Section 4. There shall be a judicial selection commission that shall consist of nine members. The governor shall appoint two members to the commission. No more than one of the two members shall be a licensed attorney. The president of the senate and the speaker of the house of representatives shall each respectively appoint two members to the commission. The chief justice of the supreme court shall appoint one member to the commission. Members in good standing of the bar of the State shall elect two of their number to the commission in an election conducted by the supreme court or its delegate. No more than four members of the commission shall be licensed attorneys. At all times, at least one member of the commission shall be a resident of a county other than the City and County of Honolulu[.], and shall be appointed on a rotating basis by the governor, the president of the senate, the speaker of the house of representatives, and the chief justice of the supreme court, as provided by law.

The commission shall be selected and shall operate in a wholly nonpartisan manner. After the initial formation of the commission, elections and appointments to the commission shall be for staggered terms of six years each. Notwithstanding the foregoing, no member of the commission shall serve for more than six years on the commission.

Each member of the judicial selection commission shall be a resident of the State and a citizen of the United States. A written biography of each member of the judicial selection commission shall be made available to the public. No member shall run for or hold any other elected office under the United States, the State or its political subdivisions. No member shall take an active part in political management or in political campaigns. No member shall possess a direct interest in either the success or failure of a political candidate or ballot question when appointed, or actively support or oppose a political candidate or ballot question while serving as a member of the commission. No member shall be eligible for appointment to the judicial office of the State so long as the person is a member of the judicial commission and for a period of three years thereafter.

No act of the judicial selection commission shall be valid except by concurrence of the majority of its voting members.

The judicial selection commission shall select one of its members to serve as chairperson. The commission shall adopt rules which shall have the force and effect of law. The deliberations of the commission shall be confidential.

The legislature shall provide for the staff and operating expenses of the judicial selection commission in a separate budget. No member of the judicial selection commission shall receive any compensation for commission services, but shall be allowed necessary expenses for travel, board and lodging incurred in the performance of commission duties.

The judicial selection commission shall be attached to the judiciary branch of the state government for purposes of administration."

SECTION 3. The question to be printed on the ballot shall be as follows:

"Shall:

(1) The appointment of judicial selection commission members from a county other than the city and county of Honolulu be made on a rotating basis by the governor, president of the senate, speaker of the house of representatives, and chief justice; and

(2) The commissioners be prohibited from having an interest in the success or failure of a political candidate or ballot question; and

(3) A written biography of each commission member be made available to the public?"

SECTION 4. Constitutional material to be repealed is bracketed and stricken. New constitutional material is underscored.

SECTION 5. This amendment shall take effect upon compliance with article XVII, section 3, of the Constitution of the State of Hawaii.

INTRODUCED BY:

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