REPORT TITLE:
Attorney General; Appointment


DESCRIPTION:
Proposes amendments to article V of the state constitution to
provide for the appointment of the attorney general in the same
manner as a circuit court judge.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        
THE SENATE                              S.B. NO.           754
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            
                                                             
________________________________________________________________
________________________________________________________________


                   A  BILL  FOR  AN  ACT

PROPOSING AMENDMENTS TO ARTICLE V OF THE HAWAII CONSTITUTION TO
   PROVIDE FOR THE APPOINTMENT OF THE ATTORNEY GENERAL IN THE
   SAME MANNER AS A CIRCUIT COURT JUDGE.



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

 1      SECTION 1.  The purpose of this Act is to propose amendments
 
 2 to article V of the Constitution of the State of Hawaii to
 
 3 provide for the appointment of the attorney general in the same
 
 4 manner as a circuit court judge.
 
 5      SECTION 2.  Article V of the Constitution of the State of
 
 6 Hawaii is amended as follows:
 
 7      1.  By adding a new section 7 to read:
 
 8               "APPOINTMENT OF THE ATTORNEY GENERAL
 
 9      Section 7.  The governor, with the consent of the senate,
 
10 shall fill a vacancy for the position of attorney general of the
 
11 State by appointing a person from a list of not less than four,
 
12 and not more than six, nominees for the vacancy, presented to the
 
13 governor by the judicial selection commission.
 
14      If the governor fails to make any appointment within thirty
 
15 days of presentation, or within ten days of the senate's
 
16 rejection of any previous appointment, the appointment shall be
 
17 made by the judicial selection commission from the list with the
 
18 consent of the senate.  If the senate fails to reject any
 

 
Page 2                                                     
                                     S.B. NO.           754
                                                        
                                                        

 
 1 appointment within thirty days thereof, it shall be deemed to
 
 2 have given its consent to such appointment.  If the senate
 
 3 rejects any appointment, the governor shall make another
 
 4 appointment from the list within ten days thereof.  The same
 
 5 appointment and consent procedure shall be followed until a valid
 
 6 appointment has been made, or failing this, the commission shall
 
 7 make the appointment from the list, without senate consent.
 
 8                  QUALIFICATIONS FOR APPOINTMENT
 
 9      The attorney general shall be a resident and citizen of the
 
10 State and of the United States, and licensed to practice law by
 
11 the supreme court.  The attorney general shall have been so
 
12 licensed for a period of not less than ten years preceding
 
13 nomination.
 
14      The attorney general, during the attorney general's term of
 
15 office, shall not engage in the practice of law, or run for or
 
16 hold any other office or position of profit under the United
 
17 States, the State or its political subdivisions.
 
18                              TENURE
 
19      The term of office of the attorney general shall be ten
 
20 years.  At least six months prior to the expiration of the
 
21 attorney general's term of office, the attorney general shall
 
22 petition the judicial selection commission to be retained in
 
23 office or shall inform the commission of an intention to retire.
 

 
Page 3                                                     
                                     S.B. NO.           754
                                                        
                                                        

 
 1 If the judicial selection commission determines that the attorney
 
 2 general should be retained in office, the commission shall renew
 
 3 the term of office of the attorney general for the period
 
 4 provided by this section or by law."
 
 5      2.  By amending section 6 to read:
 
 6               "EXECUTIVE AND ADMINISTRATIVE OFFICES
 
 7                          AND DEPARTMENTS
 
 8      Section 6.  All executive and administrative offices,
 
 9 departments and instrumentalities of the state government and
 
10 their respective powers and duties shall be allocated by law
 
11 among and within not more than twenty principal departments in
 
12 such a manner as to group the same according to common purposes
 
13 and related functions.  Temporary commissions or agencies for
 
14 special purposes may be established by law and need not be
 
15 allocated within a principal department.
 
16      Each principal department shall be under the supervision of
 
17 the governor and, unless otherwise provided in this constitution
 
18 or by law, shall be headed by a single executive.  [Such] Except
 
19 as provided in section 7, providing for the appointment,
 
20 qualifications and tenure of the attorney general, that single
 
21 executive shall be nominated and, by and with the advice and
 
22 consent of the senate, appointed by the governor.  That person
 
23 shall hold office for a term to expire at the end of the term for
 

 
Page 4                                                     
                                     S.B. NO.           754
                                                        
                                                        

 
 1 which the governor was elected, unless sooner removed by the
 
 2 governor; except that the removal of the chief legal officer of
 
 3 the State shall be subject to the advice and consent of the
 
 4 senate.
 
 5      Except as otherwise provided in this constitution, whenever
 
 6 a board, commission or other body shall be the head of a
 
 7 principal department of the state government, the members thereof
 
 8 shall be nominated and, by and with the advice and consent of the
 
 9 senate, appointed by the governor.  The term of office and
 
10 removal of such members shall be as provided by law.  Such board,
 
11 commission or other body may appoint a principal executive
 
12 officer who, when authorized by law, may be an ex officio, voting
 
13 member thereof, and who may be removed by a majority vote of the
 
14 members appointed by the governor.
 
15      The governor shall nominate and, by and with the advice and
 
16 consent of the senate, appoint all officers for whose election or
 
17 appointment provision is not otherwise provided for by this
 
18 constitution or by law.  If the manner or removal of an officer
 
19 is not prescribed in this constitution, removal shall be as
 
20 provided by law.
 
21      When the senate is not in session and a vacancy occurs in
 
22 any office, appointment to which requires the confirmation of the
 
23 senate, the governor may fill the office by granting a commission
 

 
Page 5                                                     
                                     S.B. NO.           754
                                                        
                                                        

 
 1 which shall expire, unless such appointment is confirmed, at the
 
 2 end of the next session of the senate.  The person so appointed
 
 3 shall not be eligible for another interim appointment to such
 
 4 office if the appointment failed to be confirmed by the senate.
 
 5      No person who has been nominated for appointment to any
 
 6 office and whose appointment has not received the consent of the
 
 7 senate shall be eligible to an interim appointment thereafter to
 
 8 such office.
 
 9      Every officer appointed under [the provisions of] this
 
10 section shall be a citizen of the United States and shall have
 
11 been a resident of this State for at least one year immediately
 
12 preceding that person's appointment, except that this residency
 
13 requirement shall not apply to the president of the University of
 
14 Hawaii."
 
15      SECTION 3.  The question to be printed on the ballot shall
 
16 be as follows:
 
17      "Shall the attorney general be appointed in the same manner
 
18      as a circuit court judge?"
 
19      SECTION 4.  Constitutional material to be repealed is
 
20 bracketed.  New constitutional material is underscored.
 
21      SECTION 5.  The constitutional amendment proposed by this
 
22 Act shall take effect upon compliance with article XVII,
 
23 section 3 of the Constitution of the State of Hawaii.
 
24 
 
25                           INTRODUCED BY:  _______________________
 

 
Page 6                                                     
                                     S.B. NO.           754
                                                        
                                                        

 
 1