HB2301 SD1 SSCR3131

STAND. COM. REP. 3131

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 Ways and Means, to which was referred H.B. No. 2301, H.D. 1, S.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 amend the judicial appellate procedure in the State.

Your Committee finds that presently all appeals from district and circuit courts in the State are filed with the Supreme Court, where they are reviewed and briefed before a determination is made whether to assign the appeal to the Supreme Court or the Intermediate Appellate Court.

This measure amends the process:

(1) By assigning all appeals from the district, family, and circuit courts, civil and criminal, and any agency when appeals are allowed by law to the Intermediate Appellate Court;

(2) By allowing the Intermediate Appellate Court to entertain an application, at any time prior to the issuance of a decision, requesting a transfer of the appeal to the Supreme Court, stating grounds of imperative or fundamental public importance, with the Intermediate Appellate Court having discretion to transfer the appeal and the Supreme Court having discretion to accept or reject the transfer; and

(3) By permitting a party to apply for a writ of certiorari to the Supreme Court to seek a review of a decision and judgment of the Intermediate Appellate Court, the acceptance or rejection of which shall be solely at the discretion of the Supreme Court.

This measure further establishes an Appellate Review Task Force to review proposed changes to the appellate system of the courts and make recommendations for implementation of proposed changes to the Legislature not less than twenty days prior to the Regular Session of 2006.

As affirmed by the record of votes of the members of your Committee on Ways and Means that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 2301, H.D. 1, S.D. 1, and recommends that it pass Third Reading.

Respectfully submitted on behalf of the members of the Committee on Ways and Means,

		____________________________ BRIAN T. TANIGUCHI, Chair