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. 2380, H.D. 1, entitled:

begs leave to report as follows:

The purpose of this measure is to authorize immediate appeals from certain orders regarding injunctions and from denials of motions to dismiss based upon sovereign, absolute, or qualified immunity.

Testimony in support of this measure was submitted by the Department of the Attorney General. Testimony in opposition of this measure was submitted by the Consumer Lawyers of Hawaii.

Your Committee finds that currently there are no provisions that allow immediate appeals from orders granting or refusing preliminary injunctions. This measure would allow the circuit and land courts granting or denying preliminary injunctions to be subject to immediate appellate review.

Your Committee further finds that the State of Hawaii and its officials are protected by the doctrines of sovereign, absolute, and qualified immunity, in part to ensure that qualified individuals are not deterred from serving in governmental positions. Accordingly, it is important that claims of immunity are decided correctly and quickly to avoid subjecting these individuals to the tremendous burdens of litigation. Thus, your Committee finds that this measure will ensure that denials of motions seeking dismissal or judgment for the defendants on grounds of sovereign, absolute, or qualified immunity would be immediately appealable.

Your Committee further finds that this measure would make state court practices for appeals in preliminary injunctions and sovereign, absolute, or qualified immunities consistent with federal court practices.

Your Committee noted that the Consumer Lawyers of Hawaii (CLH) did not oppose immediate appellate reviews of circuit and land court decisions on preliminary injunctions. Rather, CLH only expressed concerns about the changes to the measure regarding sovereign immunity. Specifically, CLH had concerns regarding the State abusing the automatic appeal provision for sovereign immunity to hinder pending litigation. However, your Committee noted testimony from the Attorney General that this measure would not be used in that manner.

Your Committee adopted the changes suggested by the Department of the Attorney General 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. 2380, H.D. 1, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 2380, H.D. 1, S.D. 1, and be placed on the calendar for Third Reading.