STAND. COM. REP. NO. 2561

Honolulu, Hawaii

RE:    S.B. No. 3202

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. 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 measure is to amend the State constitution to extend the mandatory retirement age for all state judges and justices.

     Specifically, this measure would amend article VI, section 3, of the Constitution of the State of Hawaii, to require the retirement of justices and judges at eighty years of age instead of seventy years of age.

     Testimony in support of this measure was received from the Hawaii Government Employees Association, the Japanese American Citizens League of Hawaii, and one concerned individual.  Testimony in opposition was received from the Department of the Attorney General and the Department of the Prosecuting Attorney of the City and County of Honolulu.  The Judicial Selection Commission testified with concerns.

     Your Committee finds that the age seventy, in and of itself, is not an accurate indicator of one's ability to effectively carry out the duties of a state judge or justice.  The current mandatory retirement age of seventy years old may prevent the State from benefitting from the knowledge and experience of otherwise qualified jurists.  Furthermore, the mandatory requirement of state justices and judges upon reaching the age of seventy is the only provision in the state constitution that requires the retirement of a state employee at a specified age.

     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. 3202 and recommends that it pass Second Reading 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