Honorable Robert Bunda

President of the Senate

Twenty-Second State Legislature

Regular Session of 2003

State of Hawaii

Sir:

Your Committee on Judiciary and Hawaiian Affairs, to which was referred S.B. No. 1333 entitled:

begs leave to report as follows:

The purpose of this measure is to authorize the Judicial Salary Commission to determine salaries for justices, judges, and appointed administrative Judiciary officers effective July 1, 2004 subject to a two-thirds legislative override in each house.

Your Committee received testimony supporting this measure from the Department of the Attorney General, the Judiciary, the Hawaii State Bar Association, the American Judicature Society, and a concerned citizen.

Your Committee finds that the current system for determining judicial salary increases allows judicial compensation to yield to political and economic pressures. Judicial independence depends upon the creation of a new system that allows an independent third party to determine fair and reasonable compensation subject to an affirmative legislative act. This new system is crucial to ensuring that the Hawaii Judiciary attracts and retains the most qualified and experienced judges. Your Committee notes that the bill closely resembles a model Judicial Compensation Commission proposed by the American Judicature Society.

Your Committee has amended this bill, however, by:

As affirmed by the record of votes of the members of your Committee on Judiciary and Hawaiian Affairs that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 1333, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 1333, S.D. 1, and be referred to the Committee on Ways and Means.