Report Title:

Per Diem Judges

Description:

Establishes requirements for per diem judges, including for their nomination, prerequisites, term of office, discipline, minimum days of service, and reappointment. (SD1)

THE SENATE

S.B. NO.

992

TWENTY-THIRD LEGISLATURE, 2005

S.D. 1

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

relating to judges.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. Section 604-2, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

"(b) The chief justice shall appoint district judges to serve on a per diem basis and as may be necessary to provide auxiliary judicial functions in the several districts of the State[.] as follows:

(1) The chief justice shall make an appointment from a list of not less than three nominees submitted by the judicial selection commission. Each nominee shall have been an attorney licensed to practice in all courts of the State for at least five years.

(2) Per diem district judges shall hold office for a term of two years and until their successors are appointed and qualified; provided that they shall serve no more than three consecutive terms unless, based on the discretion of the chief justice, they are recommended for additional consecutive terms and the recommendation is submitted to the judicial selection commission.

(3) Any per diem district judge may be reprimanded, disciplined, suspended with or without salary, relieved, or removed from office for misconduct or disability, as provided by rules adopted by the supreme court.

(4) Per diem district judges may engage in the private practice of law during their term of service, and shall receive per diem compensation for the days on which actual service is rendered based on the monthly rate of compensation paid to a district court judge. For the purpose of determining per diem compensation in this section, a month shall be deemed to consist of twenty-one days.

(5) If the chief justice intends to reappoint a per diem district judge, the chief justice shall inform the judicial selection commission of that intention three months prior to the expiration of the judge's term, and the commission shall determine whether the judge shall be retained."

SECTION 2. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 3. This Act shall take effect upon its approval.