STAND. COM. REP. NO. 730

                                 Honolulu, Hawaii
                                                   , 1999

                                 RE: H.B. No. 83
                                     H.D. 1




Honorable Calvin K.Y. Say
Speaker, House of Representatives
Twentieth State Legislature
Regular Session of 1999
State of Hawaii

Sir:

     Your Committee on Judiciary and Hawaiian Affairs, to which
was referred H.B. No. 83 entitled: 

     "A BILL FOR AN ACT RELATING TO COURTS,"

begs leave to report as follows:

     The purpose of this bill is to repeal the current exemption
for attorneys, heads of executive departments, elected officials,
judges, ministers or priests, practicing physicians or dentists,
active members of the armed forces, and police and fire
departments from jury service.

     Testimony in support of this bill was received from the
Judiciary, Common Cause Hawaii, and a member of the public.
Testimony in opposition to this bill was received from the Office
of the Public Defender, the Hawaii Medical Association, the
Hawaii Dental Association, and a member of the public.

     Your Committee finds that the selection of a jury from a
representative cross-section of the citizens of this State is
crucial to public confidence in the fairness of our justice
system and the constitutional mandate that criminal defendants be
tried by a jury of their peers.

     Although your Committee is aware that the deletion of
current exemptions may cause some hardships to the individual
exempted as well as to their clients or to the citizenry at
large, your Committee believes that the need for a truly

 
 
 
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representative jury pool outweighs any inconvenience this measure
may cause.  

     Your Committee has amended this bill by:

     (1)  Adding language to clarify the purpose of this bill;

     (2)  Amending the effective date to provide for a two-year
          sunset of the measure;

     (3)  Restoring the present statutory language concerning the
          starting dates for the exemptions; and

     (4)  Making technical, nonsubstantive amendments for
          purposes of style and clarity.

     As affirmed by the record of votes of the members of your
Committee on Judiciary and Hawaiian Affairs that is attached to
this report, your Committee is in accord with the intent and
purpose of H.B. No. 83, as amended herein, and recommends that it
pass Second Reading in the form attached hereto as H.B. No. 83,
H.D. 1, and be placed on the calendar for Third Reading.

                                   Respectfully submitted on
                                   behalf of the members of the
                                   Committee on Judiciary &
                                   Hawaiian Affairs,



                                   ______________________________
                                   PAUL T. OSHIRO, Chair