STAND. COM. REP. NO. 485-04
Honolulu, Hawaii
, 2004
RE: H.B. No. 2298
H.D. 1
Honorable Calvin K.Y. Say
Speaker, House of Representatives
Twenty-Second State Legislature
Regular Session of 2004
State of Hawaii
Sir:
Your Committee on Judiciary, to which was referred H.B. No. 2298 entitled:
"A BILL FOR AN ACT RELATING TO DISQUALIFICATION OF JUDGES,"
begs leave to report as follows:
The purpose of this bill is to:
(1) Clarify the degree of pecuniary interest necessary to disqualify a judge from a case;
(2) Clarify that certain types of investments that are not under the control of a judge are not considered pecuniary interests that may disqualify the judge; and
(3) Provide a mechanism for parties to knowingly and voluntarily waive disqualification after a judge makes full disclosure of any pecuniary interest.
The Judiciary testified in support of this bill.
Your Committee finds that this measure will assist judges and litigants in dealing with issues involving the disqualification of judges.
Your Committee has amended this bill by:
(1) Amending the level of pecuniary interest justifying the disqualification of a judge from a case from "substantial" to "more than de minimis"; and
(2) Making technical, nonsubstantive changes for clarity and style.
As affirmed by the record of votes of the members of your Committee on Judiciary that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 2298, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 2298, H.D. 1, and be placed on the calendar for Third Reading.
Respectfully submitted on behalf of the members of the Committee on Judiciary,
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____________________________ ERIC G. HAMAKAWA, Chair |
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