Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Second State Legislature

Regular Session of 2004

State of Hawaii

Honorable Robert Bunda

President of the Senate

Twenty-Second State Legislature

Regular Session of 2004

State of Hawaii

Sir:

Your Committee on Conference on the disagreeing vote of the House of Representatives to the amendments proposed by the Senate in H.B. No. 1980, H.D. 1, S.D. 1, entitled:

having met, and after full and free discussion, has agreed to recommend and does recommend to the respective Houses the final passage of this bill in an amended form.

The purpose of this bill is to:

(5) Require family court judges to enforce perjury statutes.

Your Committee on Conference finds that many concerns have been raised by the community regarding what is commonly referred to as the "CPS system." This bill seeks to address many of the perceived problems with that system. Measures such as this one must carefully balance the desire for increased transparency and accountability with the interests of children and families.

Mandating a special review process for family court judges does not appear necessary at this time. Judges are already subject to periodic review. Under Supreme Court Rule 19, the Chief Justice administers the judicial performance program. Based on standardized questionnaires and comments from attorneys who practice in our courts, judges are evaluated approximately twice in a three-year term, or three times in a ten-year term.

Some parents attending CPS hearings may benefit greatly from the company and support of an adult non-lawyer advocate. Under appropriate circumstances and subject to the discretion of the court, such advocates could provide great comfort to parents faced with CPS hearings.

To protect the administration of justice and the integrity of the process, advocates must be concerned only with the child's protection and the family's healing. Because advocates would be providing support rather than representation, they need not possess specific training or expertise. However, an advocate must demonstrate an awareness of, and a sensitivity to, the needs of the child, and must also show appropriate respect to the court and to the other parties.

Currently, all CPS hearings are closed to the public. However, there may be times when circumstances dictate that a CPS hearing should be open to the public, subject to the discretion of the court. The impact of opening a hearing to the public, or allowing for an adult advocate, may not be initially apparent. Therefore, such decisions must be subject to the continuing discretion of the judge. Finally, the bottom line on such decisions must always be the best interests of the child.

Your Committee on Conference has amended this bill by:

As affirmed by the record of votes of the managers of your Committee on Conference that is attached to this report, your Committee on Conference is in accord with the intent and purpose of H.B. No. 1980, H.D. 1, S.D. 1, as amended herein, and recommends that it pass Final Reading in the form attached hereto as H.B. No. 1980, H.D. 1, S.D. 1, C.D. 1.