STAND. COM. REP. NO. 1655

                                   Honolulu, Hawaii
                                                     , 1999

                                   RE:  S.C.R. No. 81
                                        S.D. 1




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

Sir:

     Your Committee on Judiciary, to which was referred S.C.R.
No. 81 entitled:

     "SENATE CONCURRENT RESOLUTION REQUESTING THE JUDICIAL
     SELECTION COMMISSION TO CONDUCT PUBLIC HEARINGS AND CONSIDER
     JUDICIAL PERFORMANCE BASED UPON PEER REVIEW WITH RESPECT TO
     JUSTICES AND JUDGES WHO ARE BEING CONSIDERED FOR RETENTION,"

begs leave to report as follows:

     The purpose of this concurrent resolution is to request the
Judicial Selection Commission to conduct public hearings and use
a peer review process when considering justices and judges for
retention.

     Your Committee finds that there is presently little or no
opportunity for public input in the process of considering
whether a justice or judge should be retained in office.  Your
Committee further finds that other states routinely hold public
hearings in the course of evaluating judges for retention in
office.  Your Committee believes that allowing for public
hearings as part of the retention process, and including a peer
review component, will provide more thorough background for
retention decisions and will result in increased public
confidence in the retention process.

     Testimony in support of this concurrent resolution was
submitted by the Hawaii State Commission on the Status of Women,
the Hawaii State Bar Association, and two individuals.


 
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                                   STAND. COM. REP. NO. 1655
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     Upon further consideration, your Committee has amended this
measure by:

     (1)  Adding a provision requesting that the Judicial
          Selection Commission allow members of the public to
          continue to provide confidential testimony; and

     (2)  Adding a provision requesting that the Judicial
          Selection Commission not consider the popularity of
          decisions made by a judge in making recommendations on
          retention.

     As affirmed by the record of votes of the members of your
Committee on Judiciary that is attached to this report, your
Committee concurs with the intent and purpose of S.C.R. No. 81,
as amended herein, and recommends its adoption in the form
attached hereto as S.C.R. No. 81, S.D. 1.

                                   Respectfully submitted on
                                   behalf of the members of the
                                   Committee on Judiciary,



                                   ______________________________
                                   AVERY B. CHUMBLEY, Co-Chair



                                   ______________________________
                                   MATTHEW M. MATSUNAGA, Co-Chair

 
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