STAND. COM. REP. NO. 1696

                                   Honolulu, Hawaii
                                                     , 1999

                                   RE:  S.C.R. No. 219
                                        S.D. 1




Honorable Norman Mizuguchi
President of the Senate
Twentieth State Legislature
Regular Session of 1999
State of Hawaii

Sir:

     Your Committee on Ways and Means, to which was referred
S.C.R. No. 219, S.D. 1, entitled:

     "SENATE CONCURRENT RESOLUTION REQUESTING THE HAWAII SUPREME
     COURT TO REVIEW COURT RULES AND, IF NECESSARY, TO ESTABLISH
     GUIDELINES FOR GIFT-GIVING BY COURT REPORTERS,"

begs leave to report as follows:

     The purpose of this concurrent resolution is to request the
Hawaii Supreme Court to study the issues related to the practice
of gift-giving by court reporters.

     Specifically, the Supreme Court is requested to review court
rules and consider whether guidelines should be established for
the giving of gifts or awards by court reporters to attorneys or
the attorneys' clients.

     Your Committee finds that some concern has been raised over
whether the giving and receiving of gifts affects the neutrality
of the court reporter and the veracity of any transcript produced
by the court reporter, and may call into question the very
neutrality of the judicial process itself.

     Your Committee also notes that some question has been raised
as to what entity is best suited to conduct this study.  Your
Committee is confident that the Hawaii Supreme Court, as the
ultimate arbiter of legal issues in the State and ethical issues

 
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                                   STAND. COM. REP. NO. 1696
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among attorneys, will be able to maintain its neutrality and
impartiality in this matter, as it does in all other matters that
come before its esteemed justices.  Accordingly, your Committee
is completely satisfied that the Hawaii Supreme Court is not only
an appropriate body, but clearly the most appropriate body, to
explore this issue.

     As affirmed by the record of votes of the members of your
Committee on Ways and Means that is attached to this report, your
Committee concurs with the intent and purpose of S.C.R. No. 219,
S.D. 1, and recommends its adoption.

                                 Respectfully submitted on behalf
                                 of the members of the Committee
                                 on Ways and Means,



                                 ________________________________
                                 CAROL FUKUNAGA, Co-Chair



                                 ________________________________
                                 ANDREW LEVIN, Co-Chair

 
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