SB1659

SECTION 1. The Hawaii Revised Statutes is amended by adding a new chapter to be appropriately designated and to read as follows:

"Chapter

CIVIL PROCESS SERVERS

§ -1 Service of civil process. Service of civil process shall be made by:

(a) A civil court officer anywhere in the State;

(b) A private process server anywhere in the State;

(d) Any person who is not a party to the action and is not less than eighteen years of age.

§ -2 Service of subpoena. A subpoena in a civil action may be served by:

(a) A public safety officer anywhere in the State;

(b) A civil court officer anywhere in the State;

(d) The chief of police of the county in which the subpoena is to be served or a duly authorized subordinate of the chief of police; or

(e) Any person who is not a party and is not less than eighteen years of age.

§ -3 Service of writs and court orders. Writs of execution, writs of replevin, writs of possession, writs of attachments, and all other civil court orders may be served by:

(a) A civil court officer anywhere in the State; or

(b) A private investigator, licensed under chapter 463, anywhere in the State.

§ -4 Private process server. (a) Any natural person who serves process within this State more than ten times during a single calendar year, for specific compensation or in expectation of specific compensation, where the compensation is directly attributable to the service of process, shall comply with the requirements of subsection (b) and shall file and maintain a verified certificate of registration as a process server with the office of civil process commission. Any corporation or partnership that derives or expects to derive compensation from service of process within this State shall also file and maintain a verified certificate of registration as a process server with the office of civil process commission.

(b) Any natural person subject to the requirements of subsection (a) shall:

(1) Be a United States citizen;

(2) Possess a high school diploma or equivalent;

(3) Be at least twenty-one years of age;

(4) Possess a valid driver's license;

(5) Be free of any felony convictions;

(6) Demonstrate knowledge and application of the Hawaii rules of civil procedure by successful completion of a twenty-five question examination administered by the office of civil process commission; and

(7) Pay an annual registration fee of $100 and register with the office of civil process commission.

All persons that meet the requirements of this subsection shall be issued a certificate of registration and a "PRIVATE PROCESS SERVER" photographic identification card by the office of civil process commission.

(1) Any public safety officer, police officer, or government employee acting within the course and scope of employment of the public safety officer, police officer, or government employee;

(2) An attorney or the attorney's employees;

(3) Any person who is specially appointed by a court to serve its process; or

(4) A private investigator, licensed under chapter 463, or the licensed private investigator's employees.

§ -5 Civil court officers. (a) All persons who were certified civil deputies with the department of public safety, civil branch, and were listed with the judiciary as civil deputies on or about November 1, 2001, shall be recognized as and called civil court officers. All persons recognized as civil court officers under this subsection shall register with the office of civil process commission and shall pay an annual registration fee of $100.

(b) Any natural person who qualifies as a private process server pursuant to section -4 shall be recognized as a civil court officer if the person:

(1) Possesses knowledge of state law relating to service of process, writ of execution, writs of possession and exempt property, writs of replevin, and writs of attachment;

(2) Serves as apprentice with a professional enforcement process server for a period to be determined by the professional enforcement process server. The professional enforcement process server shall be liable for the apprentice's actions during apprenticeship and after the apprentice is certified as a professional enforcement process server; and

(3) Successfully completes a written examination once the professional enforcement process server determines that the person is ready.

(c) All persons that meet the requirements of this section shall be issued a certificate of registration and a "CIVIL COURT OFFICER" badge and photographic identification card by the office of civil process commission.

§ -6 Office of civil process commission. (a) The office of civil process commission shall be comprised of an administrator, a clerk, and an investigator. The commission shall have three commissioners, one appointed by the board of directors of the Hawaii state bar association, one appointed by the chief justice of the supreme court of Hawaii, and are appointed by the board of directors of the Hawaii deputy sheriff's association.

(b) The office of civil process commission shall:

(1) Administer the registration process for private process servers and civil court officers, collect fees, and administer written examinations;

(2) Investigate all notarized complaints and provide verification information to the commissioners; and

(3) Meet monthly to review operations, conduct hearings on complaints, as necessary, and enforce the standards of conduct established by section -7 by suspension or revocation of registrations issued the commission.

(c) Monthly reports for operations and collection of fees shall be made to the commission by those who serve process for a fee.

(d) A $1 surcharge shall be assessed for each civil document filed in circuit and district courts. The judiciary shall collect the surcharge at the time of filing and shall forward the funds collected to the office of civil process commission within thirty days after the end of each calendar quarter.

§ -7 Private process servers; standards of conduct. The standards of conduct set forth in this section establish minimum standards for performance by private process servers, ensure that service of process is conducted in a professional manner, and shall apply to all private process servers registered pursuant to this chapter.

(1) Standard 1: Applicable laws and rules. The private process server shall perform all services and discharge all obligations in accordance with current state and federal laws, the Hawaii rules of civil procedure, and the administrative rules and orders of the office of civil process commission governing the certification and registration of private process servers.

(a) The private process server agrees to comply with all necessary Hawaii certification requirements, bonds, business licenses, permits, and other requirements mandated by the State and the county in which the private process server conducts business; and

(b) The private process server shall promptly file an affidavit of service or return any unserved documents.

(2) Standard 2: Skills and Knowledge. The private process server shall demonstrate the skills and knowledge necessary to perform the work of a private process server and shall seek training opportunities to maintain skills and knowledge and to grow professionally.

(a) The private process server has an obligation to have knowledge and keep informed of all current and applicable laws regarding the service of process;

(b) The private process server has a responsibility to maintain a working knowledge of proper manners of service;

(c) The private process server shall possess the verbal and written communication skills necessary to perform the private process server role, including an aptitude for communicating in person, by telephone, and by completion of appropriate affidavits.

(d) The private process server shall keep the client reasonably informed about the status of service and promptly comply with reasonable requests; and

(e) All affidavits prepared by the private process server shall be clear, accurate, and complete.

(3) Standard 3: Professionalism. The private process server shall exercise the highest degree of professionalism in all interactions with clients, the party to be served, and others with whom they come in contact during the service. This includes the ability to be discreet in dealing with confidential information.

(a) The private process server shall maintain required records in a professional manner;

(b) The private process server shall not provide or offer to provide legal advice;

(c) The private process server shall not violate any rules adopted by the supreme court of Hawaii or engage in conduct that would reflect adversely on the judiciary or other agencies integral to the administration of justice;

(d) The private process server shall preserve the client's confidences and this duty shall persist even after the service of process is completed;

(e) The private process server shall maintain a neat and clean appearance at all times and is responsible for the appearance of the private process server's employees and agents;

(f) The private process server shall neither be rude nor use profanity or vulgarity in the performance of the private process server's professional duties;

(g) The private process server shall handle all legal documents with care; food and beverage stains, dirty fingerprints, and torn documents denote carelessness and disregard for their importance; and

(h) The private process server shall never make decisions or representations regarding the merits of a lawsuit and shall only explain the general nature of the papers being served.

(4) Standard 4: Ethics. The private process server shall perform services in a manner consistent with legal and ethical standards.

(a) The private process server shall serve process in a professional manner and avoid rudeness and unprofessional conduct;

(b) Services shall be provided in a non-judgmental manner;

(c) The private process server shall avoid misrepresenting the private process server's qualifications, fees, or any other information relating to the process server;

(d) The private process server shall avoid utilizing the private process server's position in any manner to gain access to information or services for purposes other than those of the service of process;

(e) The private process server shall maintain the best interest of the client at all times and report to the client the full facts, whether they are advantageous or detrimental to the client."

SECTION 2. This Act shall take effect on January 1, 2008.

INTRODUCED BY:	_____________________________

THE SENATE	S.B. NO.	1659
TWENTY-FOURTH LEGISLATURE, 2007
STATE OF HAWAII