Report Title:

Constitutional Amd; Judicial Selection Commission Composition

Description:

Proposes a constitutional amendment to clarify the composition of the judicial selection commission, to provide that no member shall receive any compensation from any party to five or more lawsuits pending in the state courts.

THE SENATE

S.B. NO.

571

TWENTY-THIRD LEGISLATURE, 2005

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

PROPOSING AN AMENDMENT TO ARTICLE VI, SECTION 4 OF THE HAWAII STATE CONSTITUTION, TO CLARIFY THE COMPOSITION OF 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 prohibit a member of the judicial selection commission from receiving any compensation from any party to five or more pending lawsuits in the state courts.

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. No member shall receive any compensation, directly or indirectly, from any party to five or more lawsuits pending in the courts of this State at any period from the time of the member's appointment to the end of the member's term. 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.

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. 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 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 the composition of the judicial selection commission be amended by prohibiting any member from receiving any compensation, directly or indirectly, from any party to five or more lawsuits pending in the courts of this State?"

SECTION 4. 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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