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HOUSE OF REPRESENTATIVES                H.B. NO.           
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            
                                                             
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                   A  BILL  FOR  AN  ACT

PROPOSING AN AMENDMENT TO ARTICLE VI, SECTION 3, OF THE HAWAII
   CONSTITUTION, TO REPEAL CERTAIN PROVISIONS RELATING TO
   JUDICIAL COMPENSATION TO PERMIT JUDICIAL COMPENSATION TO
   BE ADMINISTERED IN CONFORMITY WITH OTHER EXEMPT SALARIED
   OFFICERS OF THE STATE.



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

 1      SECTION 1.  The purpose of this act is to propose an
 
 2 amendment to article VI, section 3, of the Constitution of the
 
 3 State of Hawaii to repeal the judicial salary commission and the
 
 4 provision prohibiting the decrease of judicial compensation
 
 5 during a term of office.  This will permit judicial compensation
 
 6 and retirement benefits to be administered in conformity with
 
 7 other exempt salaried officers of the state.
 
 8      SECTION 2.  Article VI, section 3, of the Constitution of
 
 9 the State of Hawaii is amended to read as follows:
 
10                "APPOINTMENT OF JUSTICES AND JUDGES
 
11      SECTION 3.  The governor, with the consent of the senate,
 
12 shall fill a vacancy in the office of the chief justice, supreme
 
13 court, intermediate appellate court and circuit courts, by
 
14 appointing a person from a list of not less than four, but not
 
15 more than six, nominees for the vacancy, presented to the
 
16 governor by the judicial selection commission.
 
17      If the governor fails to make any appointment within thirty
 

 
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 1 days of presentation, or within ten days of the senate's
 
 2 rejection of any previous appointment, the appointment shall be
 
 3 made by the judicial selection commission from the list with the
 
 4 consent of the senate.  If the senate fails to reject any
 
 5 appointment within thirty days thereof, it shall be deemed to
 
 6 have given its consent to such appointment.  If the senate shall
 
 7 reject any appointment, the governor shall make another
 
 8 appointment from the list within ten days thereof.  The same
 
 9 appointment and consent procedure shall be followed until a valid
 
10 appointment has been made, or failing this, the commission shall
 
11 make the appointment from the list, without senate consent.
 
12      The chief justice, with the consent of the senate, shall
 
13 fill a vacancy in the district courts by appointing a person from
 
14 a list of not less than six nominees for the vacancy presented by
 
15 the judicial selection commission.  If the chief justice fails to
 
16 make the appointment within thirty days of presentation, or
 
17 within ten days of the senate's rejection of any previous
 
18 appointment, the appointment shall be made by the judicial
 
19 selection commission from the list with the consent of the
 
20 senate.  The senate must hold a public hearing and vote on each
 
21 appointment.  If the senate fails to do so, the nomination shall
 
22 be returned to the commission and the commission shall make the
 
23 appointment from the list without senate consent.  The chief
 

 
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 1 justice shall appoint per diem district court judges as provided
 
 2 by law.
 
 3                  QUALIFICATIONS FOR APPOINTMENT
 
 4      Justices and judges shall be residents and citizens of the
 
 5 State and of the United States, and licensed to practice law by
 
 6 the supreme court.  A justice of the supreme court, a judge of
 
 7 the intermediate appellate court and a judge of the circuit court
 
 8 shall have been so licensed for a period of not less than ten
 
 9 years preceding nomination.  A judge of the district court shall
 
10 have been so licensed for a period of not less than five years
 
11 preceding nomination.
 
12      No justice or judge shall, during the term of office, engage
 
13 in the practice of law, or run for or hold any other office or
 
14 position of profit under the United States, the State or its
 
15 political subdivisions.
 
16                  TENURE; COMPENSATION; RETIREMENT
 
17      The term of office of justices and judges of the supreme
 
18 court, intermediate appellate court and circuit courts shall be
 
19 ten years.  Judges of district courts shall hold office for the
 
20 periods as provided by law.  At least six months prior to the
 
21 expiration of a justice's or judge's term of office, every
 
22 justice and judge shall petition the judicial selection
 
23 commission to be retained in the office or shall inform the
 

 
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 1 commission of an intention to retire.  If the judicial selection
 
 2 commission determines that the justice or judge should be
 
 3 retained in office, the commission shall renew the term of office
 
 4 of such justice or judge for the period provided by this section
 
 5 or by law.
 
 6      [There shall be a salary commission to review and recommend
 
 7 salaries for justices and judges of all state courts.] Justices
 
 8 and judges shall have salaries as provided by law.  [Their
 
 9 compensation shall not be decreased during their respective terms
 
10 of office, unless by general law applying to all salaried
 
11 officers of the State.]  They shall be retired upon attaining the
 
12 age of seventy years.  They shall be included in any retirement
 
13 law of the State."
 
14      SECTION 3.  The question to be printed on the ballot shall
 
15 be as follows:
 
16           "Shall the judicial salary commission and the provision
 
17           prohibiting the decrease of judicial compensation
 
18           during a term of office be repealed?"
 
19      SECTION 4.  Constitutional material to be repealed is
 
20 bracketed.  New constitutional material is underscored.
 
21      SECTION 5.  This amendment shall take effect upon compliance
 

 
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 1 with article XVII, section 3, of the Constitution of the State of
 
 2 Hawaii.
 
 3 
 
 4                           INTRODUCED BY:  _______________________
 

 
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