Honorable Robert Bunda

President of the Senate

Twenty-Third State Legislature

Regular Session of 2006

State of Hawaii

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Third State Legislature

Regular Session of 2006

State of Hawaii

Sir:

Your Committee on Conference on the disagreeing vote of the Senate to the amendments proposed by the House of Representatives in S.B. No. 995, S.D. 1, H.D. 1, entitled:

having met, and after full and free discussion, has agreed to recommend and does recommend to the respective Houses the final passage of this bill in an amended form.

The purpose of this measure is to propose an amendment to the Hawaii Constitution to repeal the mandatory retirement age of seventy for state justices and judges.

The current mandatory retirement age for judges and justices is counterproductive to judicial efficiency and productivity as it often dispenses with highly experienced jurists capable of discharging their duties well beyond the age of seventy. Age alone does not determine a judge's functional ability and a mandatory retirement age does not consider the value of a judge's accumulated experience on the bench.

Your Committee on Conference has amended this measure by making it effective upon compliance with article XVII, section 3, of Constitution of the State of Hawaii.

As affirmed by the record of votes of the managers of your Committee on Conference that is attached to this report, your Committee on Conference is in accord with the intent and purpose of S.B. No. 995, S.D. 1, H.D. 1, as amended herein, and recommends that it pass Final Reading in the form attached hereto as S.B. No. 995, S.D. 1, H.D. 1, C.D. 1.