Establishes the fourth judicial circuit. Appropriates funds.

A BILL FOR AN ACT

SECTION 1. Seventy per cent of the State of Hawaii's population resides on Oahu and is served by the first judicial circuit, which consists of twenty-five circuit court judges. The remaining thirty per cent of Hawaii's population is served by the second judicial circuit on Maui with four circuit court judges; the third judicial circuit on Hawaii with four circuit court judges; and the fifth judicial circuit on Kauai with two circuit court judges. The citizens of central and leeward Oahu, representing twenty-two per cent of the State's population, and thirty per cent of Oahu's population, have no dedicated circuit court.

The legislature is committed to support the anticipated continued growth of central and leeward Oahu with the creation of a "second city" in Kapolei. Consistent with that vision, the legislature, during the 2005 regular session, supported the judiciary's request for the construction of a courthouse complex in Kapolei. The legislature's concern over the most efficient way to provide equal access to justice, promote the most effective delivery of legal services, and better serve the needs of the entire population of Oahu leads to the inevitable conclusion that the creation of an additional circuit, to be designated the fourth judicial circuit, located in the Kapolei court complex, will best accomplish those goals.

SECTION 2. Section 571-3, Hawaii Revised Statutes, is amended to read as follows:

"§571-3 Family courts, divisions of circuit courts. The family courts shall be divisions of the circuit courts of the State and shall not be deemed to be other courts as that term is used in the State Constitution. A family court shall be held at the courthouse in each circuit, or other duly designated place, by the judge or judges of the respective family courts as herein defined. The chief justice of the supreme court may temporarily assign a family court judge to preside in another circuit when the urgency of one or more cases requires the chief justice to do so. The first circuit shall retain all matters in the present location within the jurisdiction of the family court as provided in chapters 571, 580, 586, and 587, except proceedings under section 571-11(1), which may be exclusively held in the fourth circuit. In any case in which it has jurisdiction, the court shall exercise general equity powers as authorized by law."

SECTION 3. Section 571-4, Hawaii Revised Statutes, is amended to read as follows:

"§571-4 Family courts, circuits. In the first circuit any judge or judges so designated by the chief justice of the supreme court shall be the judge or judges of the family court of the first circuit. The several judges of the second, third, fourth, and fifth circuits, and of any other circuits hereafter created by the legislature, [shall,] when exercising jurisdiction under this chapter, shall be judges of the family courts of their respective circuits. In any circuit in which more than one judge is authorized to exercise jurisdiction as judge of the family court, the chief justice of the supreme court shall designate one of the judges as senior judge.

Nothing in this chapter shall be construed to limit the jurisdiction and authority of any circuit judge, designated as judge of a family court, to matters within the scope of this chapter."

SECTION 4. Section 571-8, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) In addition to the district courts established under section 604-1, there may be established in each of the judicial circuits of the State a district family court with the powers and under the conditions herein set forth which shall be styled as follows:

SECTION 5. Section 571-14, Hawaii Revised Statutes, is amended to read as follows:

"§571-14 Jurisdiction; adults. (a) Except as provided in sections 603-21.5 and 604-8, the court shall have exclusive original jurisdiction:

[(b) The court shall have concurrent jurisdiction with the district court over violations of sections 707-712, 707-717, 707-722, 708-822, 708-823, 710-1010.5, 711-1106, and 711-1106.5 when multiple offenses are charged through complaint or indictment and at least one offense is a violation of an order issued pursuant to chapter 586 or a violation of section 709-906.

(c) The court shall have concurrent jurisdiction with the circuit court over violations of section 711-1106.4.

(d)] (b) The court shall have concurrent jurisdiction with the circuit court in all proceedings to appoint a guardian of an adult."

SECTION 6. Section 603-1, Hawaii Revised Statutes, is amended to read as follows:

"§603-1 Judicial circuits. The State is divided into [four] five judicial circuits, as follows:

SECTION 7. Section 603-4, Hawaii Revised Statutes, is amended to read as follows:

"§603-4 Other circuits; judges. The circuit court of the fifth circuit shall consist of two judges, who shall be styled as first and second judge, and each as a judge of the circuit court of the fifth circuit. The circuit court of the second circuit shall consist of four judges, who shall be styled as first, second, third, and fourth judge, and each as a judge of the circuit court of the second circuit. The circuit court of the third circuit shall consist of four judges, who shall be styled as first, second, third, and fourth judge, and each as a judge of the circuit court of the third circuit. The circuit court of the fourth circuit shall consist of four judges, who shall be styled as first, second, third, and fourth judge, and each as a judge of the circuit court of the fourth circuit."

SECTION 8. Section 603-12, Hawaii Revised Statutes, is amended to read as follows:

"§603-12 Sessions, held where. Except as otherwise provided by statute, the sessions of the circuit courts shall be held as follows: In the first circuit, at Honolulu; in the second circuit, at Wailuku; in the third circuit, at Hilo and Kona; in the fourth circuit, at Kapolei; in the fifth circuit, at Lihue."

SECTION 9. There is appropriated out of the general revenues of the State of Hawaii the sum of $ , or so much thereof as may be necessary for fiscal year 2006-2007, for establishment of the fourth judicial circuit on the island of Oahu.

SECTION 10. The sum appropriated shall be expended by the judiciary for the purposes of this Act.

SECTION 11. This Act shall take effect upon the formal opening of the Kapolei court complex; provided that section 9 and section 10 take effect on July 1, 2006.