Creates a family law advisory committee to assist the board of family law judges and supreme court; provides that both are subject to sunshine laws. Defines related required annual report.

A BILL FOR AN ACT

SECTION 1. In the 2004 legislative session, the Senate adopted Senate Resolution 40, which authorized the Senate Committee on Human Services to convene interim hearings on the Hawaii family court. Specifically, the hearings were designed to explore ways to make the Hawaii family court more accessible and family oriented. These interim hearings focused on important issues relating to reduction in caseload, limiting the long-term use of interventions such as temporary restraining orders and protective orders, ensuring greater accountability of court-appointed personnel such as custody evaluators and guardians ad litem, and examining ways to reduce the needless expenditures of time and money in counterproductive litigation relating to child custody determinations.

During the course of these interim hearings, four task force groups were formed on four important issues relating to joint custody, temporary restraining orders and protective orders, standards for guardians ad litem and other service providers, and alternative dispute resolution. After countless hours of hard work and meetings, these four task force groups submitted findings and recommendations to the senate committee on human services that adopted the findings and recommendations of the task force groups.

The resulting SR40 Task Force findings and recommendations initiated many useful discussions and supported legislation designed to make Family Court processes and procedures more effective and family-friendly. This bill creates a Family Law Advisory Committee, which will assist the judiciary and legislature in continuing to improve family court, by requiring this Family Law Advisory Committee to make findings and recommendations to the board of family court judges and supreme court, for further submission as a recurring annual report to the legislature. This bill makes the family law advisory committee and board of family law judges open to the public for their participation, and subject to existing sunshine laws, to include notice of meetings. The intent of this bill is to create an ongoing process within the judiciary by which judiciary personnel, family law professionals, related service providers and the public can participate in and provide feedback, about family court and family law matters, which will be considered, evaluated and consolidated into findings, proposals and recommendations to the judiciary and legislature.

SECTION 2. Section 92-6, Hawaii Revised Statutes, is amended by amending subpart (a) to read as follows:

"(a) This part shall not apply:

SECTION 3. Section 571-5, Hawaii Revised Statutes, is amended to read as follows:

"§571-5 Board of family court [judges.] judges; family law advisory committee. (a) A board of family court judges, which shall consist of all the State's family court judges and district family judges is hereby created. The board shall annually elect from among its members a chairperson who shall preside at meetings of the board. The chairperson shall have no other authority not specifically authorized under this chapter, or any applicable rule of the supreme court, or specifically delegated by a majority of the board. The board shall meet at stated times to be fixed by it but not less often than once every six months, and on call of the chairperson.

The board shall discuss and shall attempt to achieve agreement upon general policies for the conduct of the family courts and forms for use in such courts. The board shall recommend, for adoption by the supreme court, rules of court governing procedure and practices in such courts. The board may, within the limitations of the facilities available to the family courts of the State, seek the consolidation of the statistical and other data on the work and services of such courts and research studies that may be made of the problems of families and children dealt with by such courts to the end that the treatment of children and families subject to the jurisdiction of such courts shall achieve the highest possible degree of uniformity throughout the State and to the further end that knowledge of treatment, methods and therapeutic practices be shared among such courts. The board may also formulate recommendations for remedial legislation. All actions by the board shall be subject to the regulatory supervision of the chief justice of the supreme court.

(b) There is established within the judiciary, for administrative purposes, a family law advisory committee. The supreme court shall appoint members to this committee, which shall serve in an advisory capacity only. This committee shall give continuing consideration to all aspects of the administration of justice in the family courts of the State, and may assist the senior family court judge and the directors of family court in carrying out their duties and responsibilities, as considered appropriate by the committee.

The committee shall meet at stated times to be fixed by it, but not less often than nine times every twelve months, and also may meet on the call of the chairperson. The committee shall:

The committee shall submit biennial findings, proposals, and recommendations to the board of family court judges and the supreme court on a biennial basis and whenever requested by the committee or court. The committee may propose changes in the family laws and related provisions, as the committee considers appropriate; provided that these recommendations shall be made to the chief justice of the supreme court and any other organization or committee whose affairs pertain to family law and its practice.

The chief justice of the supreme court shall notify all members of the time and place of the first meeting. The members of the committee shall select a chairperson, vice-chair, and secretary-treasurer from its membership for a term of one year. The supreme court shall appoint, from time to time, no more than fifteen members for four-year terms. The members of the committee shall fairly represent family court customer needs, and focus on serving families and children in the family courts. Members may serve two consecutive four-year terms, but may be re-appointed after a break in service. Members of this committee shall include:

At all times, there shall be a minimum of four active layperson members who are or were parties in family court cases, who are not otherwise affiliated with or employed by the family court, the judiciary, or the Hawaii State Bar Association. Committee members of this committee shall be reimbursed for expenses, including travel expenses necessary to the performance of their duties.

(c) Pursuant to section 92-6, both the board of family court judges and the family law advisory committee shall be subject to the requirements of chapter 92, as non-adjudicatory boards of the judicial branch.

(d) The judicial council may supervise the board of family court judges and the family law advisory committee, with staffing assistance from the judiciary as assigned by the chief justice or administrative director.

(e) The chief justice of the supreme court shall submit a report to the legislature no later than October 15 of each calendar year that describes the activities, complaints, proposals, findings, and recommendations reviewed or developed by the board and committee during the preceding year, and shall include as appendices the biennial reports required in subsection (b). The chief justice's annual report shall address upcoming judiciary budget requests or proposals related to the work of the board and committee.

SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 5. This Act shall take effect upon its approval.