HB3056

SECTION 1. Currently, section 5 of article VI of the Constitution of the State of Hawaii provides that the power to reprimand, discipline, suspend, retire or remove justices or judges from office, for misconduct or disability, rests with the supreme court and a commission established by the supreme court.

The legislature finds that the power to discipline or remove justices and judges should be exercised by an independent commission.

The legislature finds that the process of regulating the conduct of and disciplining judges, and public confidence in that process, will be significantly improved through the establishment of a wholly independent judicial conduct commission.

SECTION 2. Article VI of the Constitution of the State of Hawaii is amended by adding a new section to be appropriately designated and to read as follows:

"JUDICIAL CONDUCT COMMISSION

Section . There shall be a judicial conduct commission that shall consist of nine members. The governor shall appoint two members to the commission. None may be a judge or justice, and no more than one of the two members shall be a licensed attorney. The president of the senate shall appoint two members to the commission. None may be a judge or justice, and no more than one of the two members shall be a licensed attorney. The speaker of the house shall appoint two members to the commission. None may be a judge or justice, and no more than one of the two members shall be a licensed attorney. Members in good standing of the bar of the State shall elect two of their number to the commission in an election conducted by the bar, but none of the two may be a judge or a justice. All full-time judges of the State of Hawaii shall elect one of their number to the commission in an election conducted by the chief justice. At all times, at least one member of the commission shall be a resident of a county other than the City and County of Honolulu.

The members of the commission shall be selected and shall operate in a wholly nonpartisan manner. One of the governor's initial appointees, one of the president of the senate's initial appointees, and one of the speaker of the house's initial appointees shall serve for a term of six years, and one of the initial appointees of each shall serve for a term of two years. Each of the persons initially elected to the commission shall serve for a term of four years. After the initial formation of the commission, elections and appointments to the commission shall be for staggered terms of six years each. Notwithstanding the foregoing, no member of the commission shall serve for more than six years on the commission.

Each member of the commission shall be not less than eighteen years of age, and a resident of the State and a citizen of the United States, and except as set forth in this section, there shall be no other restrictions on who may serve on the commission, and serving on the commission shall not act to disqualify any commissioner from any other service or office.

No member shall run for or hold any other elected office under the United States, the State or its political subdivisions. No member shall take an active part in political management or in political campaigns.

No act of the commission shall be valid except by concurrence of the majority of its members.

The commission shall select one of its members to serve as chairperson.

The legislature shall provide for the staff and operating expenses of the commission in a separate budget. No member of the commission shall receive any compensation for commission services, but shall be allowed necessary expenses for travel, board and lodging incurred in the performance of commission duties.

The commission shall be attached to the judiciary branch of the state government for purposes of administration, but the commission shall be entirely independent, and shall hire and retain its staff members, at its pleasure, without regard to the civil service laws of the State.

The commission shall adopt rules, which shall have the force and effect of law, to regulate the conduct of justices and judges, but rules regulating the conduct of justices and judges in effect on the effective date of this section shall remain in effect until the commission adopts such rules.

The commission shall have authority to investigate and conduct hearings concerning allegations of misconduct or disability of justices or judges, and shall have the power and authority to reprimand, discipline, suspend, with or without salary, retire or permanently remove any justice or judge, as provided by rules adopted by the commission. The commission shall provide any justice or judge facing any sanction appropriate notice and an opportunity to be heard with representation by counsel at the justice or judge's own expense. The commission shall have the right to keep all or any portion of their proceedings confidential.

All decisions of the commission shall be final, and no decision, act or procedure of the commission shall be subject to appeal or challenge in any other proceeding or before any court, except that the commission may, by rule, provide for motions for reconsideration.

The commission may retain its own counsel, without regard to any other law, or may, with the agreement of the attorney general, obtain counsel from the attorney general.

In any case in which one or more members of the commission is recused or disqualified, the commission shall notify the governor, and governor shall make temporary appointments to the commission for the purpose of hearing any such case, and such persons temporarily appointed may be licensed attorneys, and may reside in any county, notwithstanding any other provision of this section.

The supreme court shall retain its current power to reprimand, discipline, suspend, retire or remove from office any justice or judge in matters pending on the effective date of this section. The supreme court and the existing commission on judicial discipline shall assist in a fair and orderly transition of responsibilities to the commission upon the appointment of five members of the commission and shall provide funding and staff support until the staff and operating expenses of the commission are provided in a separate budget."

SECTION 3. Article VI of the Constitution of the State of Hawaii is amended by repealing section 5.

["~~RETIREMENT; REMOVAL; DISCIPLINE~~

~~Section 5.~~ The supreme court shall have the power to reprimand, discipline, suspend with or without salary, retire or remove from office any justice or judge for misconduct or disability, as provided by rules adopted by the supreme court.

The supreme court shall create a commission on judicial discipline which shall have authority to investigate and conduct hearings concerning allegations of misconduct or disability and to make recommendations to the supreme court concerning reprimand, discipline, suspension, retirement or removal of any justice or judge."]

SECTION 4. The question to be printed on the ballot shall be as follows:

"Shall the Constitution of the State of Hawaii be amended to establish an independent judicial conduct commission with the power to regulate the conduct of justices and judges and to reprimand, discipline, suspend, retire, or remove justices or judges from office for misconduct or disability?"

SECTION 5. Constitutional material to be repealed is bracketed and stricken. New constitutional material is underscored.

SECTION 6. These amendments shall take effect upon compliance with article XVII, section 3, of the Constitution of the State of Hawaii.

INTRODUCED BY:

_____________________________

BY REQUEST

HOUSE OF REPRESENTATIVES	H.B. NO.	3056
TWENTY-FOURTH LEGISLATURE, 2008
STATE OF HAWAII