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THE SENATE |
S.C.R. NO. |
92 |
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TWENTY-THIRD LEGISLATURE, 2006 |
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STATE OF HAWAII |
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RESOLUTION
REQUESTING THE HAWAII STATE BAR ASSOCIATION TO CONVENE A TASK FORCE TO CONDUCT A STUDY ON WHETHER A FOURTH CIRCUIT COURT SHOULD BE ESTABLISHED ON OAHU FOR THE KAPOLEI DISTRICT.
WHEREAS, approximately seventy per cent of the State's population resides on the island of Oahu, and is served by the first judicial circuit, comprised of twenty-five authorized circuit court judges, and the remaining thirty per cent of the State's population is served by the second judicial circuit (Maui), with four circuit court judges; the third judicial circuit (Hawaii), with four circuit court judges; and the fifth judicial circuit (Kauai), with two circuit court judges; and
WHEREAS, the citizens of Central and Leeward Oahu, representing twenty-two percent of the State's population and thirty percent of the Oahu's population, have no dedicated circuit court; and
WHEREAS, Act 110, Session Laws of Hawaii 2005, made an appropriation for the design, construction, and equipment for a new judiciary complex in Kapolei; and
WHEREAS, Act 110 grew out of the concern that 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 is to construct a new court complex in Kapolei; and
WHEREAS, the creation of an additional circuit, to be designated the fourth judicial circuit, at the Kapolei court complex, is a natural outgrowth of a new court complex in Kapolei; and
WHEREAS, Kapolei has been designated as the "Second City" to Honolulu and as such deserves each type of government services, including a full-service court as an essential element of a second city; and
WHEREAS, the Judiciary has expressed its desire to provide a full service court operation, including a new juvenile detention facility, at Kapolei appropriate to a major urban area in order to serve the present and future needs of the growing Kapolei region; and
WHEREAS, it is the policy of the Judiciary to ensure that judicial services are convenient and available to everyone; and
WHEREAS, Act 110 appropriated $95,000,000 for the Kapolei court complex, which will be a full service court with circuit court capacity to house the district, circuit, and family courts; and
WHEREAS, a prudent policy in public spending is to ensure that money spent on capital improvement projects will adequately serve the public fifty years into the future, when balanced against the amount of the expenditure and the public necessity for the improvements; and
WHEREAS, the legal profession and the public should have input in determining whether or not a fourth judicial circuit should be created to serve Central Oahu, Windward Oahu, and the Leeward coast communities with their burgeoning populations; and
WHEREAS, the Hawaii State Bar Association is ideally suited to convene a task force to make recommendations to the Legislature on whether to establish a fourth judicial circuit at Kapolei; now, therefore,
BE IT RESOLVED by the Senate of the Twenty-third Legislature of the State of Hawaii, Regular Session of 2006, the House of Representatives concurring, that the Hawaii State Bar Association is requested to convene a task force to study, evaluate, and make recommendations on the creation of a new judicial fourth circuit at Kapolei on Oahu; and
BE IT FURTHER RESOLVED that the task force be composed of one representative from each of the following offices, organizations, and entities:
(1) Hawaii State Bar Association, as chair, to be selected by the Board of Directors of the Hawaii State Bar Association;
(2) The Judiciary, to be selected by the Chief Justice;
(3) Hawaii State Bar Association, Family Law Section, to be selected by the Board of Directors of the Hawaii State Bar Association;
(4) Attorney general or designee;
(5) Honolulu Family Court Professionals, to be selected by the governing committee of that organization;
(6) Prosecuting Attorney of the City and County of Honolulu, or designee;
(7) Public Defender, or designee;
(8) Hawaii Association of Criminal Defense Lawyers, to be selected by the Board of Directors of that organization;
(9) Chief of Police of City and County of Honolulu, or designee;
(10) Comptroller or designee;
(11) Director of Human Services or designee;
(12) Kapolei Neighborhood Board, to be elected by the board;
(13) One member representing collectively the Neighborhood Boards of Ko`olauloa, Kahalu`u, Kaneohe, Kailua, Waimanalo, to be elected by those boards;
(14) One member representing collectively the Neighborhood Boards of Hawaii Kai, Kuliou1ou-Kalani Iki, Waialae-Kahala, Kaimuki and Diamond Head/Kapahulu/St. Louis, to be elected by those boards;
(15) One member representing collectively the Neighborhood Boards of Palolo, Manoa, McCully-Mo`ilili, Makiki-Tantalus, and Waikiki, to be elected by those boards;
(16) One member representing collectively the Neighborhood Boards of Ala Moana-Kaka`ako, Nu`uanu-Punchbowl, and Downtown, to be elected by those boards;
(17) One member representing collectively the Neighborhood Boards of Liliha/Alewa, Kalihi-Palama, Kalihi Valley, and Aliamanu-Salt Lake, to be elected by those boards;
(18) One member representing collectively the Neighborhood Boards of Aiea, Pearl City, Waipahu, Ewa, and Waianae, to be elected by those boards;
(19) One member representing collectively the Neighborhood Boards of Mililani-Waipio, Mililani Mauka/Launani Valley, Wahiawa, and North Shore, to elected by those boards;
(20) The general public, to be appointed by the Governor;
(21) The Hawaii State Senate, to be appointed by the Senate President;
(22) The Hawaii State House of Representatives, to be appointed by the Speaker of the House of Representatives;
(23) One member to be selected by the Mayor of Honolulu; and
(24) One member to be selected by the Governor of Hawaii; and
(25) One member of the faculty of the William S. Richardson School of Law, to be selected by the Dean of the William S. Richardson School of Law;
and
BE IT FURTHER RESOLVED that the task force determine whether a fourth judicial circuit should be established at Kapolei on Oahu, and:
(1) Determine the level of usage of court services on Oahu in the various district, circuit (civil and criminal), and family courts;
(2) Determine the present and projected population growth for the Central, Leeward, Windward, and Honolulu districts;
(3) Determine the advisability of providing a full range of court services at Kapolei;
(4) Ascertain the availability of land for construction of a court complex at Kapolei;
(5) Determine whether a fourth circuit at Kapolei should include a juvenile detention facility;
(6) Determine the jurisdiction and venue of a fourth circuit;
(7) Determine the numerical population from which a jury pool could be summoned in a fourth circuit; and
(8) Consider any other relevant matters to the establishing a fourth circuit;
and
BE IT FURTHER RESOLVED that the Hawaii State Bar Association is requested to provide the facilities and staffing, and pay for expenses of the task force; and
BE IT FURTHER RESOLVED that the Hawaii State Bar Association, on behalf of the task force, report findings and recommendations, including proposed legislation, to the Legislature no later than twenty days prior to the convening of the Regular Session of 2007; and
BE IT FURTHER RESOLVED that certified copies of this Concurrent Resolution be transmitted to the Governor, Mayor of Honolulu, Chief Justice, President of the Hawaii State Senate, Speaker of the Hawaii State House of Representatives, President of the Hawaii State Bar Association, State Attorney General, Honolulu Prosecuting Attorney, State Public Defender, Hawaii Association of Criminal Defense Lawyers, Honolulu Chief of Police, Comptroller, Director of Human Services, Dean of the William S. Richardson School of Law, and the Neighborhood Commission of the City and County of Honolulu for distribution to the respective neighborhood boards herein.
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OFFERED BY: |
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Report Title:
Fourth Circuit Court Task Force