Report Title:

Judiciary; Open Meetings

Description:

Establishes that the open meeting laws apply to the judiciary.

THE SENATE

S.B. NO.

3100

TWENTY-SECOND LEGISLATURE, 2004

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

relating to open meetings.

 

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

SECTION 1. The legislature finds that accountability to the law, which is the mission of the judiciary, is best accomplished by having the judicial process open to the public so that the judiciary's performance can be evaluated. Currently, the judiciary is very insular, and open meeting laws in place for most public agencies and entities do not apply to the judiciary.

However, the legislature further finds that the meetings of the intermediate court of appeals and the supreme court regarding adjudication of appellate cases or questions of law are clearly not an area where open meeting laws should apply. Administrative records of non-adjudicative matters should be subject to the open meeting laws, and non-administrative records of adjudicative matters should not be subject to open meeting laws.

The purpose of this Act is to allow judiciary administrative meetings that do not cover the adjudication of appellate cases or questions of law to be subject to the open meeting laws.

SECTION 2. Section 92-5, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) A board may hold a meeting closed to the public pursuant to section 92-4 for one or more of the following purposes:

(1) To consider and evaluate personal information relating to individuals applying for professional or vocational licenses cited in section 26-9 or both;

(2) To consider the hire, evaluation, dismissal, investigation, or discipline of an officer or employee or of charges brought against the officer or employee, where consideration of matters affecting privacy will be involved; provided that if the individual concerned requests an open meeting, an open meeting shall be held;

(3) To deliberate concerning the authority of persons designated by the board to conduct labor negotiations or to negotiate the acquisition of public property, or during the conduct of such negotiations;

(4) To consult with the board's attorney on questions and issues pertaining to the board's powers, duties, privileges, immunities, and liabilities;

(5) To investigate proceedings regarding criminal misconduct;

(6) To consider sensitive matters related to public safety or security;

(7) To consider matters relating to the solicitation and acceptance of private donations; and

(8) To deliberate or make a decision upon a matter that requires the consideration of information that must be kept confidential pursuant to a state or federal law, or a court order."

SECTION 3. Section 92-6, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) This part shall not apply:

(1) To the judicial [branch.] branch's appellate courts when they are exercising their powers with respect to adjudicating cases or questions of law.

(2) To adjudicatory functions exercised by a board and governed by sections 91-8 and 91-9, or authorized by other sections of the Hawaii Revised Statutes. In the application of this subsection, boards exercising adjudicatory functions include, but are not limited to, the following:

(A) Hawaii labor relations board, chapters 89 and 377;

(B) Labor and industrial relations appeals board, chapter 371;

(C) Hawaii paroling authority, chapter 353;

(D) Civil service commission, chapter 26;

(E) Board of trustees, employees' retirement system of the State of Hawaii, chapter 88;

(F) Crime victim compensation commission, chapter 351; and

(G) State ethics commission, chapter 84."

SECTION 4. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun, before its effective date.

SECTION 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 6. This Act shall take effect upon its approval.

INTRODUCED BY:

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