Honorable Robert Bunda

President of the Senate

Twenty-Third State Legislature

Regular Session of 2006

State of Hawaii

Sir:

Your Committee on Judiciary and Hawaiian Affairs, to which was referred S.B. No. 2604 entitled:

begs leave to report as follows:

The purpose of this measure is to remove the chief judge's discretion in assignment of judges to the intermediate appellate court's three-judge panel.

The Appellate Review Task Force and the Judiciary submitted testimony in support of the measure.

The Hawaii Appellate Review Task Force recommended this measure. Currently, section 602-55, Hawaii Revised Statutes, gives the chief judge of the intermediate appellate court the discretion to assign the judges who serve on the intermediate appellate court's three-judge panel. This measure would allow for the random selection of judges for a panel in order to ensure fairness in the decision-making process.

Your Committee finds that this measure is appropriate and will maintain public confidence in the appellate process.

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 S.B. No. 2604 and recommends that it pass Second Reading and be placed on the calendar for Third Reading.