STAND. COM. REP. NO.  535-08

Honolulu, Hawaii

                , 2008

RE:   H.B. No. 2383

      H.D. 1

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Fourth State Legislature

Regular Session of 2008

State of Hawaii

Sir:

     Your Committee on Judiciary, to which was referred H.B. No. 2383 entitled:

"A BILL FOR AN ACT RELATING TO CIRCUIT COURTS,"

begs leave to report as follows:

     The purpose of this bill is to provide equal access to justice, promote the most effective delivery of legal services, and better serve the needs of the population of Molokai, by:

     (1)  Establishing and appropriating funds for a position for a fifth judge in the circuit court of the second circuit; and

     (2)  Requiring circuit court sessions in Kaunakakai when one party is a Molokai resident and appropriating funds to secure a location on Molokai for such sessions.

     The Judiciary testified in opposition to this bill.

     Your Committee acknowledges the concerns raised by the Judiciary that the facilities and personnel necessary to establish a circuit court in Kaunakakai are currently inadequate to fulfill the purposes intended by this bill. 

     Your Committee has amended this bill by limiting the availability of court sessions in Kaunakakai to a situation in which one party is a resident of Maui and the other party is a resident of Molokai, and the latter party requests proceedings on Molokai.

     As affirmed by the record of votes of the members of your Committee on Judiciary that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 2383, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 2383, H.D. 1, and be referred to the Committee on Finance.

Respectfully submitted on behalf of the members of the Committee on Judiciary,

____________________________

TOMMY WATERS, Chair