STAND. COM. REP. NO. 2715

Honolulu, Hawaii

RE:    S.B. No. 2971

       S.D. 1

Honorable Colleen Hanabusa

President of the Senate

Twenty-Fourth State Legislature

Regular Session of 2008

State of Hawaii

Madam:

     Your Committee on Judiciary and Labor, to which was referred S.B. No. 2971 entitled:

"A BILL FOR AN ACT RELATING TO APPELLATE JURISDICTION,"

begs leave to report as follows:

     The purpose of this measure is to authorize immediate appeals from certain orders regarding injunctions and from denials of sovereign, absolute, or qualified immunity.

     Testimony in support of this measure was received from the Department of the Attorney General.  Testimony in opposition to the measure was received from the Judiciary and the Consumer Lawyers of Hawaii.

     Your Committee finds that this measure will make state court practice consistent with current federal court practice by allowing immediate appeals from preliminary orders granting or refusing injunctions.  However, this measure may also burden the appellate courts with an increase in interlocutory appeals and likely delay the resolution of the underlying cases while the appeals are pending.  Your Committee acknowledges that allowing interlocutory appeals before a final judgment on the merits erodes the deference appellate courts owe to the trial court's decisions on the many questions of law and fact that arise before judgment.

     Your Committee has amended this measure by allowing interlocutory appeals only for denial of motions seeking dismissal or judgment for the movant based on sovereign immunity or qualified immunity.  Your Committee has also amended this measure by changing the effective date to July 1, 2099 in order to promote continued discussion of the matter.

     As affirmed by the record of votes of the members of your Committee on Judiciary and Labor that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 2971, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 2971, S.D. 1, and be placed on the calendar for Third Reading.

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

____________________________

BRIAN T. TANIGUCHI, Chair