STAND. COM. REP. 2939
Honolulu, Hawaii
, 2004
RE: H.B. No. 2301
H.D. 1
S.D. 1
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:
"A BILL FOR AN ACT RELATING TO APPELLATE JURISDICTION,"
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:
(1) Changing the Supreme Court's jurisdiction to appeals by writ of certiorari or transfers from the Intermediate Court of Appeals;
(2) Requiring most appeals to be filed with the Intermediate Court of Appeals instead of the Supreme Court;
(3) Repealing criteria for assigning appeals; and
(4) Creating a task force to review the new process and make recommendations for implementing the provisions in this measure.
Your Committee adopted the Department of the Attorney General's amendments by:
(1) Clarifying that if the Intermediate Court of Appeals fails to issue a certificate or the Supreme Court rejects a certificate for transfer, the case shall be reinstated in the Intermediate Court of Appeals for review;
(2) Repealing section 661-9, Hawaii Revised Statutes; and
(3) Making technical, nonsubstantive changes.
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.
Respectfully submitted on behalf of the members of the Committee on Judiciary and Hawaiian Affairs,
____________________________ COLLEEN HANABUSA, Chair |
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