Honorable Robert Bunda

President of the Senate

Twenty-Second State Legislature

Regular Session of 2004

State of Hawaii

Sir:

Your Committee on Judiciary and Hawaiian Affairs, to which was referred H.B. No. 2301, H.D. 1, entitled:

begs leave to report as follows:

The purpose of this measure is to require that all appeals from trial courts and administrative agencies be submitted to the Intermediate Court of Appeals, subject to review by the Supreme Court through the transfer or application for a writ of certiorari.

Testimony in support of this measure was submitted by the Judiciary. The Department of the Attorney General submitted comments on this measure.

Your Committee finds that the current process for appeals requires a significant amount of judicial, professional, and clerical staff resources simply to review each appeal and assign it to either the Supreme Court or the Intermediate Court of Appeals. Your Committee further finds that these resources, especially the judicial resources, are better used for resolving cases rather than assigning them.

Your Committee believes that the administration of appellate cases should be more efficient, and this measure adequately addresses these problems by:

Your Committee adopted the Department of the Attorney General's amendments 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 H.B. No. 2301, H.D. 1, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 2301, H.D. 1, S.D. 1, and be referred to the Committee on Ways and Means.