Honorable Robert Bunda

President of the Senate

Twenty-First State Legislature

Regular Session of 2002

State of Hawaii

Sir:

Your Committee on Transportation, Military Affairs and Government Operations, to which was referred S.B. No. 2633 entitled:

begs leave to report as follows:

The purpose of this measure is to prohibit public disclosure of confidential information contained in juror master lists and juror qualification forms.

Your Committee received testimony in support of this measure from the Judiciary, the Office of Information Practices, Common Cause Hawaii, and the League of Women Voters of Hawaii. The Hawaii State Bar Association submitted testimony with no objection to this measure. The Office of the Public Defender submitted comments on this measure.

Your Committee finds that prospective jurors are often concerned that the private information they provide on their juror selection forms will be disclosed to the parties in the case, their attorneys, and other court personnel.

Your Committee supports this measure, which will improve jurors' sense of privacy protection by limiting public disclosure of sensitive information and addressing related safety concerns.

Your Committee has amended this measure based on a collaborative effort between the Judiciary and the Office of the Public Defender. These amendments specify that juror qualification forms are not a public record and shall not become part of the court record unless the court orders them sealed. Redacted forms can be disclosed under certain limited circumstances as set forth in section 612-17(c), Hawaii Revised Statutes.

As affirmed by the record of votes of the members of your Committee on Transportation, Military Affairs and Government Operations that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 2633, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 2633, S.D. 1, and be referred to the Committee on Judiciary.