Report Title:

Family Court; Citizen's Family Law Advisory Committee

 

Description:

Creates a citizen's family law advisory committee to be placed, for administrative purposes, in the judiciary.  (SD1)

 


THE SENATE

S.B. NO.

1158

TWENTY-FOURTH LEGISLATURE, 2007

S.D. 1

STATE OF HAWAII

 

 

 

 

 

A BILL FOR AN ACT

 

 

Relating to family court.

 

 

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

 


     SECTION 1.  This Act creates a citizen's family law advisory committee to assist the judiciary and the legislature in continuing to improve family court, by requiring the advisory committee to make findings and evaluate alternatives and recommendations through a process that includes  sunshine requirements, including public participation and notice of meetings.  The intent of this Act is to create an ongoing process within the judiciary by which judiciary personnel, family court professionals, related service providers, and the public can participate in and provide feedback about the family court and family law matters, which follows the sunshine law principles in chapter 92, Hawaii Revised Statutes.   

     SECTION 2.  Chapter 571, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§571-    Citizen's family law advisory committee.  (a)  There is established within the judiciary, for administrative purposes, a citizen's family law advisory committee.  The chief justice of the supreme court shall appoint members to the advisory committee who shall serve in an advisory capacity only.  The advisory committee shall give continuing consideration to all aspects of the administration of justice in the family court and may further assist the family court at the family court's discretion. 

     (b)  The advisory committee shall:

     (1)  Gather input and information regarding family law and family court issues or complaints;

     (2)  Conduct studies, evaluations, or surveys related to family law and family court issues;

     (3)  Review legislation relating to family law and family court issues; and

     (4)  Make findings and evaluate alternatives relating to family law and family court issues.

     (c)  The members of the advisory committee shall select a chairperson, vice-chair, and secretary-treasurer from its membership, each for a term of one year.

     (d)  The chief justice shall appoint no less than eleven and no more than fifteen members to the advisory committee, including a representative from each judicial circuit; provided that the advisory committee shall include among its members a representative from each of the following:

     (1)  Community laypersons;

     (2)  Persons who are or were parties in a family court action including self-represented individuals, if available;

     (3)  Judges;

     (4)  Family court administrator or designee;

     (5)  Attorneys, including family law practitioners, and legal services providers;

     (6)  Family and children service providers; and

     (7)  Mental health professionals, guardians, or expert witnesses.

     (e)  There shall be a minimum of four members on the advisory committee who are not otherwise affiliated with or employed by the judiciary or the Hawaii State Bar Association. 

     (f)  Members shall serve for terms of four years and shall be limited to serving two consecutive terms; provided that members may be reappointed for additional terms after a break in service for at least one four-year term. 

     (g)  Members of the advisory committee shall serve without compensation for their services but shall be reimbursed for reasonable expenses, including travel or other expenses incidental to their service on the advisory committee.

     (h)  The advisory committee shall meet at a stated time to be fixed by its members, but no less than nine times every twelve months.

     (i)  Every meeting of the advisory committee shall be open to the public unless otherwise provided by this section; provided that the advisory committee may remove any person who wilfully disrupts a meeting to prevent or compromise the conduct of the meeting.  Seven members shall constitute a quorum of the advisory committee.  For purposes of this section, "meeting" means the convening of the advisory committee for which a quorum is required in order to make a decision or deliberate towards a decision upon a matter over which the advisory committee has advisory power. 

     (j)  The advisory committee may hold a meeting by videoconference and any member participating in a meeting by videoconference shall be considered present at the meeting for purposes of determining compliance with the quorum requirements of the advisory committee.

     (k)  The advisory committee shall afford all interested persons an opportunity to present oral or written testimony on any item on the agenda.  The advisory committee may provide for reasonable admission of oral testimony by rule.

     (l)  The advisory committee may hold hearings closed to the public upon an affirmative vote taken at an open meeting of two-thirds of the members present to:

     (1)  Consider matters affecting the significant privacy considerations of a specific individual or case pending in family court; provided that if the individual concerned requests an open meeting, an open meeting shall be held;

     (2)  Consult with the advisory committee's attorney who shall be furnished by the chief justice to the advisory committee on questions and issues pertaining to the advisory committee's powers, duties, privileges, immunities, and liabilities;

     (3)  Consider sensitive matters related to public safety or security; or

     (4)  Deliberate or make a decision upon a matter that requires the consideration of information that must be kept confidential pursuant to state or federal law or a court order.  This information shall not be further disclosed without the informed consent of the individual and pursuant to state or federal law or a court order.

     (m)  No chance meeting or electronic communication shall be used to circumvent the requirements of this section to make a decision or deliberate toward a decision upon a matter over which the advisory committee has advisory power.  For purposes of this section, "chance meeting" has the same meaning as provided in section 92-2. 

     (n)  The advisory committee shall give written public notice of any regular, special, or rescheduled meeting.  The notice shall include an agenda that lists the items to be considered at the meeting and all video conference locations, if any.  The notice shall be filed with the office of the lieutenant governor or the appropriate county clerk's office, and with the clerk of the supreme court for public inspection at least six calendar days before the meeting.  The notice shall also be posted at the site of the meeting whenever feasible.  If the written notice is filed less than six calendar days before the meeting, the clerk of the supreme court shall notify the chairperson and the meeting shall be canceled.  Notice of the cancellation shall be posted at the site of the meeting.  The advisory committee shall maintain a list of names and addresses of persons who request notification of meetings and shall mail or email a copy of the notice to these persons at their last recorded address.

     (o)  The advisory committee shall keep written minutes of all meetings.  Unless otherwise required by law, neither a full transcript nor recording of the meeting is required, but the written minutes shall provide a true reflection of the matters discussed at the meeting and the views of the participants.  The minutes shall include:

     (1)  The date, time, and place of the meeting;

     (2)  The members of the advisory committee recorded as either present or absent;

     (3)  The substance of all matters proposed, discussed, or decided; and a record, by individual member, of any votes taken; and

     (4)  Any other information that members of the advisory committee request be included or reflected in the minutes.

     (p)  The minutes shall be a public record and shall be available for inspection within thirty days after the meeting except where disclosure would be inconsistent with subsection (l). 

     (q)  Any member who wilfully violates this section may be summarily removed from service on the advisory committee.

     (r)  The chief justice shall enforce the requirements of subsections (h) to (q).

     (s)  The chief justice shall submit a report to the legislature no later than October 15 of each calendar year that describes the activities, findings, and alternatives reviewed and developed by the advisory committee."

     SECTION 3.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect upon its approval.