STAND. COM. REP. NO. 672-04

Honolulu, Hawaii

, 2004

RE: H.B. No. 2301

H.D. 1

 

 

 

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Second State Legislature

Regular Session of 2004

State of Hawaii

Sir:

Your Committee on Judiciary, to which was referred H.B. No. 2301 entitled:

"A BILL FOR AN ACT RELATING TO APPELLATE JURISDICTION,"

begs leave to report as follows:

The purpose of this bill is to change the appellate structure of the state courts to require appeals from the circuit courts and decisions of administrative agencies to be heard by the intermediate appellate court. Under this bill, the Supreme Court will retain original jurisdiction only in certain cases and, in all other cases, will hear appeals only upon acceptance of a writ of certiorari or transfer application from the intermediate appellate court. This bill also makes changes in court administration and the appellate review process, repeals obsolete language, and makes other technical, nonsubstantive changes for conformance.

The Judiciary supported this bill. The Office of the Public Defender and a concerned citizen opposed this measure. The Attorney General submitted comments and proposed amendments.

Your Committee finds that the certiorari form of appellate review could be an appropriate change in the appellate structure of the courts for many cases. Your Committee further finds that while Hawaii's court system was established over a hundred years ago, its structure has not been reviewed substantively for over 30 years. Changes in laws during that time have created additional burdens on the judicial system, with dramatic increases in contested proceedings.

Your Committee finds that a three-tiered system of review as proposed by the Judiciary is a sound approach to meet the increased burdens on the courts. However, your Committee has concerns that:

(1) Certain cases should be reviewed by the Supreme Court directly;

(2) Certain appeals of administrative agency decisions should be reviewed by the circuit courts rather than the appellate court; and

(3) There should be a comprehensive analysis of the process of review for administrative and board decisions to ensure timely and efficient use of judicial resources.

Your Committee is further concerned about the overall impact on the organization of the Judiciary as a result of the changes in this bill.

Your Committee has amended the bill by:

(1) Changing the effective date to July 1, 2006, to:

(A) Allow further discussion on the changes implemented by the bill; and

(B) Provide time for the development of a comprehensive plan for the judicial system;

and

(2) Appointing a task force to:

(A) Review the changes implemented by the bill;

(B) Make recommendations to the Legislature regarding the structure of the Judiciary; and

(C) Create a comprehensive implementation plan.

 

As affirmed by the record of votes of the members of your Committee on Judiciary that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 2301, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 2301, H.D. 1, and be placed on the calendar for Third Reading.

Respectfully submitted on behalf of the members of the Committee on Judiciary,

 

____________________________

ERIC G. HAMAKAWA, Chair