REPORT TITLE:
Judicial Retention Election


DESCRIPTION:
Proposes an amendment to article VI, section 3 of the Hawaii
Constitution to require that if the judicial selection commission
recommends that a justice or judge be reappointed that the
justice or judge is then subject to a retention vote by the
electorate.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        
HOUSE OF REPRESENTATIVES                H.B. NO.1312       
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            
                                                             
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                   A  BILL  FOR  AN  ACT

PROPOSING AN AMENDMENT TO ARTICLE VI, SECTION 3, OF THE HAWAII
   CONSTITUTION, RELATING TO JUDICIAL REAPPOINTMENT.
 


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

 1      SECTION 1.  The purpose of this Act is to propose an
 
 2 amendment to article VI, section 3, of the Constitution of the
 
 3 State of Hawaii to require a retention vote by the electorate on
 
 4 every justice or judge whose reappointment is recommended by the
 
 5 judicial selection commission.
 
 6      SECTION 2.  Article VI, section 3, of the Constitution of
 
 7 the State of Hawaii is amended to read as follows:
 
 8                "APPOINTMENT OF JUSTICES AND JUDGES
 
 9 
 
10      Section 3.  The governor, with the consent of the senate,
 
11 shall fill a vacancy in the office of the chief justice, supreme
 
12 court, intermediate appellate court and circuit courts, by
 
13 appointing a person from a list of not less than four, and not
 
14 more than six, nominees for the vacancy, presented to the
 
15 governor by the judicial selection commission.
 
16      If the governor fails to make any appointment within thirty
 
17 days of presentation, or within ten days of the senate's
 
18 rejection of any previous appointment, the appointment shall be
 
19 made by the judicial selection commission from the list with the
 

 
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 1 consent of the senate.  If the senate fails to reject any
 
 2 appointment within thirty days thereof, it shall be deemed to 
 
 3 have given its consent to such appointment.  If the senate shall
 
 4 reject any appointment, the governor shall make another
 
 5 appointment from the list within ten days thereof.  The same
 
 6 appointment and consent procedure shall be followed until a valid
 
 7 appointment has been made, or failing this, the commission shall
 
 8 make the appointment from the list, without senate consent.
 
 9      The chief justice, with the consent of the senate, shall
 
10 fill a vacancy in the district courts by appointing a person from
 
11 a list of not less than six nominees for the vacancy presented by
 
12 the judicial commission.  If the chief justice fails to make the
 
13 appointment within thirty days of presentation, or within ten
 
14 days of the senate's rejection of any previous appointment, the
 
15 appointment shall be made by the judicial selection commission
 
16 from the list with the consent of the senate.  The senate must
 
17 hold a public hearing and vote on each appointment within thirty
 
18 days of any appointment.  If the senate fails to do so, the
 
19 nomination shall be returned to the commission and the commission
 
20 shall make the appointment from the list without senate consent.
 
21 The chief justice shall appoint per diem district court judges as
 
22 provided by law.
 
23 
 

 
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 1                  QUALIFICATIONS FOR APPOINTMENT
 
 2 
 
 3      Justices and judges shall be residents and citizens of the
 
 4 State and of the United States, and licensed to practice law by
 
 5 the supreme court.  A justice of the supreme court, a judge of
 
 6 the intermediate appellate court and a judge of the circuit court
 
 7 shall have been so licensed for a period of not less than ten
 
 8 years preceding nomination.  A judge of the district court shall
 
 9 have been so licensed for a period of not less than five years
 
10 preceding nomination.
 
11      No justice or judge shall, during the term of office, engage
 
12 in the practice of law, or run for or hold any other office or
 
13 position of profit under the United States, the State or its
 
14 political subdivisions.
 
15 
 
16                 TENURE; COMPENSATION; RETIREMENT
 
17 
 
18      The term of office of justices and judges of the supreme
 
19 court, intermediate appellate court and circuit courts shall be
 
20 ten years.  Judges of district courts shall hold office for the
 
21 periods as provided by law.  At least six months prior to the
 
22 expiration of a justice's or judge's term of office, every
 
23 justice and judge shall petition the judicial selection
 

 
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 1 commission to be retained in office or shall inform the
 
 2 commission of an intention to retire.  If the judicial selection
 
 3 commission determines that the justice or judge should be
 
 4 retained in office, the commission shall [renew the term of
 
 5 office of such justice or judge for the period provided by this
 
 6 section or by law.]  submit the name of the justice or judge to
 
 7 the chief election officer, who shall place that name on the
 
 8 ballot in the next succeeding general election to be subject to a
 
 9 retention vote by the qualified voters of the State as follows:
 
10      (1)  Justices of the supreme court and judges of the
 
11           intermediate appellate court shall be subject to
 
12           retention by the electorate of the entire State in that
 
13           general election and every ten years thereafter, so
 
14           long as the justice or judge retains office;
 
15      (2)  Judges of the circuit court shall be subject to
 
16           retention by the electorate of the county in which the
 
17           circuit court is located, in that general election and
 
18           every ten years thereafter, so long as the judge
 
19           retains office; and
 
20      (3)  Judges of the district court shall be subject to
 
21           retention by the electorate of the county in which the
 
22           district court is located, in that general election and
 
23           every six years thereafter, so long as the judge
 

 
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 1           retains office.
 
 2      The names of all justices or judges being considered for
 
 3 retention shall be arranged alphabetically on a separate
 
 4 nonpartisan ballot.
 
 5      The retention measure shall be presented to the electorate
 
 6 in such a form that a yes vote, on a yes or no ballot, shall
 
 7 indicate that the justice or judge should be retained.  The
 
 8 retention measure shall be approved by the majority of votes cast
 
 9 thereon and shall be effective, if approved, on the day after the
 
10 election results are announced unless otherwise provided for in
 
11 the measure.  If a justice or judge is not retained, a new
 
12 justice or judge shall be appointed.
 
13      The veto power of the governor shall not extend to retention
 
14 measures approved by the electorate.
 
15      There shall be a salary commission to review and recommend
 
16 salaries for justices and judges of all state courts.  Justices
 
17 and judges shall have salaries as provided by law.  Their
 
18 compensation shall not be decreased during their respective terms
 
19 of office, unless by general law applying to all salaried
 
20 officers of the State.  They shall be retired upon attaining the
 
21 age of seventy years.  They shall be included in any retirement
 
22 law of the State. 
 
23      SECTION 3.  The question to be printed on the ballot shall
 

 
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 1 be as follows:
 
 2      "Shall the reappointment of justices or judges who are
 
 3      recommended for retention by the judicial selection
 
 4      commission be made subject to a retention vote by the
 
 5      electorate?"
 
 6      SECTION 4.  Constitutional material to be repealed is
 
 7 bracketed.  New constitutional material is underscored.
 
 8      SECTION 5.  This amendment shall take effect upon compliance
 
 9 with article XVII, section 3, of the Constitution of the State of
 
10 Hawaii, provided that this Act shall not pass unless legislation
 
11 regulating judicial campaigns is passed.
 
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13                           INTRODUCED BY:  _______________________
 
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