Judiciary Salaries

Provides that the chief justice may determine the salaries of
certain administrative officers if based on merit or other
relevant factors and subject to the limitations in section 26-54,
effective July 1, 2000.  (SB2692 HD2)

THE SENATE                              S.B. NO.           S.D. 2
TWENTIETH LEGISLATURE, 2000                                H.D. 2
STATE OF HAWAII                                            

                   A  BILL  FOR  AN  ACT



 1      SECTION 1.  The purpose of this Act is to provide for the
 2 independence of the judiciary as a separate branch of government
 3 by allowing the chief justice to determine the salaries of
 4 certain judiciary administrative officers based upon merit and
 5 other relevant factors.
 6      SECTION 2.  Section 601-3, Hawaii Revised Statutes, is
 7 amended to read as follows:
 8      "601-3 Administrative director.  (a)  The chief justice,
 9 with the approval of the supreme court, shall appoint an
10 administrative director of the courts to assist the chief justice
11 in directing the administration of the judiciary.  The
12 administrative director shall be a resident of the State for a
13 continuous period of three years prior to the administrative
14 director's appointment, and shall be appointed without regard to
15 chapters 76 and 77 and shall serve at the pleasure of the chief
16 justice.  The administrative director shall hold no other office
17 or employment.  [Effective January 1, 1989, the administrative
18 director shall receive a salary of $81,629 a year.  Effective
19 January 1, 1990, the administrative director shall receive a
20 salary of $85,302 a year.]  Effective July 1, 2000, the salary of

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 1 the administrative director shall be no greater than provided in
 2 section 26-54 and shall be determined by the chief justice based
 3 upon merit and other relevant factors.
 4      (b)  The administrative director shall, subject to the
 5 direction of the chief justice, perform the following functions:
 6      (1)  Examine the administrative methods of the courts and
 7           make recommendations to the chief justice for their
 8           improvement;
 9      (2)  Examine the state of the dockets of the courts, secure
10           information as to their needs of assistance, if any,
11           prepare statistical data and reports of the business of
12           the courts and advise the chief justice to the end that
13           proper action may be taken;
14      (3)  Examine the estimates of the courts for appropriations
15           and present to the chief justice the administrative
16           director's recommendations concerning them;
17      (4)  Examine the statistical systems of the courts and make
18           recommendations to the chief justice for a uniform
19           system of judicial statistics;
20      (5)  Collect, analyze, and report to the chief justice
21           statistical and other data concerning the business of
22           the courts;

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 1      (6)  Assist the chief justice in the preparation of the
 2           budget, the six-year program and financial plan, the
 3           variance report and any other reports requested by the
 4           legislature;
 5      (7)  Carry out all duties and responsibilities that are
 6           specified in Title 7 as it pertains to employees of the
 7           judiciary; and
 8      (8)  Attend to such other matters as may be assigned by the
 9           chief justice.
10      (c)  The administrative director shall, with the approval of
11 the chief justice, appoint a deputy administrative director of
12 the courts without regard to chapters 76 and 77 and such
13 assistants as may be necessary.  Such assistants shall be
14 appointed without regard to chapters 76 and 77.  [Effective
15 January 1, 1989, the salary of the deputy administrative director
16 shall be $74,608 a year.  Effective January 1, 1990, the salary
17 of the deputy administrative director shall be $77,966 a year.]
18 Effective July 1, 2000, the salary of the deputy administrative
19 director shall be no greater than provided in section 26-54 and
20 shall be determined by the chief justice based upon merit and
21 other relevant factors.  The administrative director shall be
22 provided with necessary office facilities.

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 1      (d)  The judges, clerks, officers, and employees of the
 2 courts shall comply with all requests of the administrative
 3 director for information and statistical data relating to the
 4 business of the courts and expenditure of public funds for their
 5 maintenance and operation.
 6      (e)  The salary levels of the administrative director and
 7 deputy administrative director, and the factors used to determine
 8 such salaries, shall be disclosed in the judiciary's annual
 9 budget submission to the legislature."
10      SECTION 3.  Statutory material to be repealed is bracketed.
11 New statutory material is underscored.
12      SECTION 4.  This Act shall take effect on July 1, 2000.