HOUSE OF REPRESENTATIVES

H.C.R. NO.

292

TWENTY-THIRD LEGISLATURE, 2006

 

STATE OF HAWAII

 
   


HOUSE CONCURRENT

RESOLUTION

 

requesting the judiciary to ASSESS the family court SERVICES AND PROCESSES.

 

WHEREAS, Senate Resolution No. 40, Regular Session of 2004, authorized the Senate Committee on Human Services to convene interim hearings on the Hawaii Family Court; and

WHEREAS, the Senate Committee on Human Services formed a task force to explore issues related to, among other things, alternative dispute resolution in the Family Court; and

WHEREAS, Family Court Rule 53.1 grants judges discretion to order the parties to participate in an alternative dispute resolution process, subject to conditions set by the court; and

WHEREAS, the Committee found that the experience for many Family Court participants is adversarial and litigious and that, despite evidence that children recover more quickly from a parent's divorce or separation when less emotional trauma is associated with the process, some parties are either unwilling or unable to work together to minimize the effects of a family court action on their children; and

WHEREAS, in fiscal year 2004, over 32,000 cases were filed in the Family Court, including more than 5,500 divorce actions, for a total caseload of 49,880 cases; and

WHEREAS, although the majority of divorces pending in fiscal year 2004 were concluded on the uncontested divorce calendar without a hearing, judicial resources remain strained in the family court; and

WHEREAS, the Superior Court of Arizona, Family Court Department of Maricopa County, Arizona is a model for innovative family court programs that maximize limited judicial resources and for streamlined, user-friendly court processes; and

WHEREAS, the Maricopa County Family Court implemented a variety of new procedures and programs after a study identified the lack of a uniform case management system and the resultant backlog of cases as the two most egregious problems facing the family court; and

WHEREAS, the Presiding Judge of the Maricopa County Family Court collaborated with family court judges and staff to develop and implement a uniform case management system to streamline the family court process and eliminate the backlog and delay plaguing the court; and

WHEREAS, the Maricopa County Family Court has implemented a differentiated case management model that employs the following elements: early active judicial management, a focus on final resolution, required litigant preparation for conferences, targeted use of ancillary referrals, early firm trial dates, and user-friendly processes to manage and resolve each category of family court cases in a uniform manner; and

WHEREAS, in an effort to make the family court process more convenient for litigants and to expedite the entry of a default or consent decree, the Maricopa County Family Court created an innovative program known as the Decree on Demand program; and

WHEREAS, the Decree on Demand program enables parties to answer questions designed to verify that all legal requirements appear to have been satisfied and schedule a hearing at their convenience, as early as the next court day, by calling a dedicated telephone line or using the Internet; and

WHEREAS, specially-trained family court staff conduct a final file review prior to the Decree on Demand hearing, to examine final paperwork, to allow litigants to correct any deficiencies that can be cured with available forms, and to calculate child support prior to a hearing with a Court Commissioner; and

WHEREAS, the Maricopa County Family Court also implemented the Early Resolution Triage Program to aid self-represented parties in contested cases to obtain a full and final settlement of all issues if possible, to assist the parties to memorialize all agreements, and to facilitate the entry of a Consent Decree if the parties reach full agreement; and

WHEREAS, under the Early Resolution Triage Program, contested self-represented cases in which a response is filed are scheduled for an Early Resolution Conference with an Attorney Case Manager, who is an attorney trained to mediate and conduct settlement conferences in family court cases; and

WHEREAS, Attorney Case Managers also manage unresolved custody and child support issues, evaluate the need for pre-trial custody and child support services, initiate referrals and services appropriate to prepare the case for trial, and determine if cases involve complex issues or will require additional trial time that may involve judicial management by the judicial officer assigned to the case; and

WHEREAS, the Maricopa County Family Court philosophy of early intervention, encouraging settlement, and maximizing judicial resources through targeted ancillary service referrals with the underlying objective to do no harm, is suited to incorporation into Hawaii's Family Court system; now, therefore,

BE IT RESOLVED by the House of Representatives of the Twenty-third Legislature of the State of Hawaii, Regular Session of 2006, the Senate concurring, that the Judiciary is requested to identify the programs and processes it has adopted to improve the provision of its services since the conclusion of the interim hearings held pursuant to Senate Resolution No. 40, Regular Session of 2004; and

BE IT FURTHER RESOLVED that the Family Court further is requested to assess its current case management system and to determine which programs and court processes of the Maricopa County Family Court, if any, should be implemented by Hawaii's Family Court; and

BE IT FURTHER RESOLVED that the Judiciary is requested to report its findings to the Legislature no later than twenty days before the convening of the Regular Session of 2007; and

BE IT FURTHER RESOLVED that certified copies of this Concurrent Resolution be transmitted to the Chief Justice of the

Hawaii Supreme Court, the Senior Judge of the Family Court, and the Administrative Director of the Courts.

 

 

 

OFFERED BY:

_____________________________

Report Title:

Family Court Improvements Assessment