Report Title:

GARY RODRIGUES; JUDICIAL SELECTION COMMISSION

WHEREAS, GARY RODRIGUES was appointed to the Judicial Selection Commission pursuant to Article VI, section 4 of the Constitution of the State of Hawaii; and

WHEREAS, the preamble to the Rules of the Judicial Selection Commission provides, "Judicial selection commissioners hold positions of public trust and shall conduct themselves in a manner which reflects credit upon the judicial selection process"; and

WHEREAS, GARY RODRIGUES' recent indictment on fraud has cast doubt upon the integrity of the judicial selection process and will continue to cast a cloud over the judicial selection process if he continues to participate in the selection process; and

WHEREAS, in a position of public trust such as the judicial selection commission, the appearance of impropriety should warrant a voluntary decision to step aside while the matter is before the courts; and

WHEREAS, in light of the pending charges, GARY RODRIGUES should step aside as judicial selection commissioner temporarily, until his case has been adjudicated; and

WHEREAS, alternatively, in the event GARY RODRIGUES should fail to remove himself voluntarily, the judicial selection commission and/or the governor should take whatever action is necessary to encourage his temporary removal; now, therefore;

BE IT RESOLVED by the House of Representatives of the Twenty-First Legislature of the State of Hawaii, Regular Session of 2001, the Senate concurring, urges the temporary removal of GARY RODRIGUES from the judicial selection commission; and

BE IT FURTHER RESOLVED that in the event GARY RODRIGUES does not step aside temporarily, the judicial selection commission and/or the governor or both are urged to take whatever action is necessary to urge the temporary removal of GARY RODRIGUES from the judicial selection commission until final successful disposition of his fraud indictment; and