THE SENATE

S.R. NO.

48

TWENTY-FIRST LEGISLATURE, 2002

 

STATE OF HAWAII

 
   


SENATE RESOLUTION

 

REQUESTING INVESTIGATION OF THE MAUI FAMILY COURT SYSTEM.

 

WHEREAS, the purpose of the family court system, as established in § 571-1, Hawaii Revised Statutes, is to assure that "children and families whose rights and well-being are jeopardized shall be assisted and protected, and secured in those rights through action by the court"; and

WHEREAS, determinations made by the family courts may have an immeasurable impact on families, whether that impact is good or bad; and

WHEREAS, families under the jurisdiction of such courts should be entitled both to assurance that the operation of the judicial system is beyond reproach, and to redress for any wrongs they encounter in the course of their experience with such courts; and

WHEREAS, many complaints have been made by residents of the island of Maui regarding the conduct of investigations and proceedings under the jurisdiction of the Maui family court; and

WHEREAS, the state Attorney General has repeatedly declined to address the concerns of these residents by conducting an investigation of the Maui family court system and the conduct of agents and officers of the court; and

WHEREAS, the ombudsman is prohibited from conducting investigations relating to the judiciary and its staff by the provisions of Chapter 96, Hawaii Revised Statutes; and

WHEREAS, the aggrieved residents of the island of Maui have no other recourse available to them to pursue this matter and are therefore powerless to seek justice; now, therefore,

BE IT RESOLVED by the Senate of the Twenty-First Legislature of the State of Hawaii, Regular Session of 2002, that the state Attorney General is requested to conduct an investigation regarding injustice and potential misconduct in the family court system on the island of Maui, including the actions of agents and officers of the court; and

BE IT FURTHER RESOLVED that the Legislative Reference Bureau is requested to conduct a study regarding the feasibility of amending Chapter 96, Hawaii Revised Statutes, in order to expand the purview of the state ombudsman to include the judiciary and its staff; and

BE IT FURTHER RESOLVED that the Legislative Reference Bureau shall report to the Legislature on its findings no later than twenty days prior to the convening of the Regular Session of 2003; and

BE IT FURTHER RESOLVED that certified copies of this Resolution be transmitted to the office of the Attorney General, and to the Director of the Legislative Reference Bureau.

 

 

 

OFFERED BY:

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Report Title:

Maui Family Court System; AG Investigation