STAND. COM. REP. NO.  1344-08

Honolulu, Hawaii

                , 2008

RE:   S.B. No. 3202

      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 S.B. No. 3202 entitled:

"A BILL FOR AN ACT PROPOSING AN AMENDMENT TO THE HAWAII CONSTITUTION TO EXTEND THE MANDATORY RETIREMENT AGE FOR STATE JUSTICES AND JUDGES FROM SEVENTY TO EIGHTY YEARS OF AGE,"

begs leave to report as follows:

     The purpose of this bill is to amend article VI, section 3, of the Constitution of the State of Hawaii to extend the mandatory retirement age of all state judges and justices from seventy years of age to eighty years of age.

     AARP Hawaii, the Hawaii Government Employees Association, and an individual testified in support of this bill.  The Office of the Governor, Department of the Attorney General, the Judicial Selection Commission, and the City and County of Honolulu Department of the Prosecuting Attorney opposed this measure.  The American Civil Liberties Union of Hawaii offered comments.

     Your Committee has amended this bill by making the extended mandatory retirement age applicable only to those justices and judges appointed after November 4, 2008, the date of the general election when voters will decide on this proposed constitutional amendment.  The question to be placed on the ballot for this proposed constitutional amendment has also been amended accordingly.

     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 S.B. No. 3202, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 3202, 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