Report Title:

Environmental Court; Study and Ad Hoc Committee

THE SENATE

S.R. NO.

56

TWENTY-FIRST LEGISLATURE, 2001

  

STATE OF HAWAII

  
   

SENATE RESOLUTION

 

requesting a study on establishing an environmental court.

 

WHEREAS, the concept and practice of "environmental court" has been proven to be effective in focusing the court on environmental cases throughout the country; and

WHEREAS, environmental court procedures provide a directed focus on compliance with environmental ordinances and laws through the establishment of a purposeful court calendar; and

WHEREAS, fines, community service, and incarceration can result in revenue and appropriate restitution that renders an environmental court system cost-effective and sustainable; and

WHEREAS, an environmental court can be established within the existing judicial levels without additional costs; and

WHEREAS, by separating environmental cases and causing the accused offender to appear before the environmental judge, the violations and judgments will become known and serve as a deterrent; and

WHEREAS, the protection of the environment through appropriate judicial action will demonstrate the serious issues these cases pose for the entire State; now, therefore,

BE IT RESOLVED by the Senate of the Twenty-First Legislature of the State of Hawaii, Regular Session of 2001, that the Chief Justice of the Supreme Court is requested to convene and head an ad hoc committee to study the viability of establishing an environmental court in the State; and

BE IT FURTHER RESOLVED that the ad hoc committee shall:

(1) Study the successful environmental court models from other jurisdictions;

(2) Design an environmental court system for the State; and

(3) Submit a report on its findings, recommendations, and proposed legislation establishing an environmental court system in the State;

and

BE IT FURTHER RESOLVED that the report be submitted to the Legislature twenty days prior to the convening of the Regular Session of 2002; and

BE IT FURTHER RESOLVED that the membership of the ad hoc committee shall consist of:

(1) A representative from each of the respective county prosecutor offices;

(2) A representative from each of the respective county police departments;

(3) A representative from the Department of Agriculture;

(4) A representative from the Department of Land and Natural Resources;

(5) A representative from the Office of the Public Defender; and

(6) Four members from the general public chosen by the Chief Justice of the Supreme Court for their expertise in environmental legal issues;

and

BE IT FURTHER RESOLVED that certified copies of this Resolution be transmitted to the Governor, the Chief Justice of the Supreme Court, the respective Mayors of the Counties of Hawaii, Kauai, and Maui, and the City and County of Honolulu, the Chairperson of the Board of Agriculture, the Chairperson of

the Board of Land and Natural Resources, and the Public Defender.

 

 
 

OFFERED BY:

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