HB1553.DOC

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

"CHAPTER

INDEPENDENT COUNSEL

§ ‑1 Preliminary investigation with respect to certain covered persons. (a) The attorney general shall conduct a preliminary investigation, in accordance with section -4, whenever the attorney general receives information sufficient to constitute grounds to investigate whether any of the following persons may have violated any state criminal law other than an offense classified as a petty misdemeanor or violation:

(1) The governor and lieutenant governor;

(2) Any individual serving in a position listed in section 26‑52 or 26‑53;

(3) Any individual working in the governor's office who is compensated at a rate of pay at or above $ ;

(4) Any individual who leaves any office or position described in any of paragraphs (1) to (3) during the incumbency of the governor under whom the individual served in the office or position plus one year after such incumbency, but in no event longer than a period of three years after the individual leaves the office or position;

(5) Any individual who held an office or position described in any of paragraphs (1) to (3) during the incumbency of one governor and who continued to hold the office or position for not more than ninety days into the term of the next governor, during the one-year period after the individual leaves the office or position; and

(6) The chairperson and treasurer of the principal state campaign committee seeking the election or reelection of the governor and any officer of that committee exercising authority at the state level, during the incumbency of the governor.

(b) The attorney general may conduct a preliminary investigation in accordance with section ‑4 if:

(1) The attorney general receives information sufficient to constitute grounds to investigate whether any person other than a person described in subsection (a) may have violated any law other than an offense classified as a petty misdemeanor or a violation; and

(2) The attorney general determines that an investigation or prosecution of the person, with respect to the information received, by the attorney general may result in a personal, financial, or political conflict of interest.

§ -2 Examination of information to determine need for preliminary investigation; time period. (a) In determining whether grounds to investigate exist, the attorney general shall consider only:

(1) The specificity of the information received; and

(2) The credibility of the source of the information.

(b) The attorney general shall determine whether grounds to investigate exist not later than fifteen days after the information is first received. If within the fifteen-day period the attorney general determines that the information is not specific or is not from a credible source, then the attorney general shall close the matter. If within the fifteen-day period the attorney general determines that the information is specific and from a credible source, the attorney general, upon making that determination, shall commence a preliminary investigation with respect to that information. If the attorney general is unable to determine, within the fifteen-day period, whether the information is specific and from a credible source, the attorney general, at the end of the fifteen-day period, shall commence a preliminary investigation with respect to that information.

§ -3 Recusal of attorney general. (a) If information received under this chapter involves the attorney general or an individual with whom the attorney general has a current or recent personal or financial relationship, the attorney general shall designate the next most senior deputy attorney general whom that information does not involve and who does not have a current or recent personal or financial relationship with the individual to perform the duties with respect to that information assigned under this chapter to the attorney general.

(b) The attorney general, before personally making any other determination with respect to information received under this chapter, shall determine whether recusal is required under subsection (a) with respect to that information. A determination to recuse shall be in writing, shall identify the facts considered by the attorney general, and shall set forth the reasons for the recusal. The attorney general shall file this determination with any notification or application with respect to the information involved required to be submitted to the special division of the court under this chapter.

§ -4 Conduct of preliminary investigation; extension of time. (a) A preliminary investigation conducted under this chapter shall be of matters as the attorney general considers appropriate in order to make a determination, under section ‑6 or -7 on whether further investigation is warranted, with respect to each potential violation or allegation of a violation of criminal law. The attorney general shall make the determination not later than ninety days after the preliminary investigation is commenced; except that, in the case of a preliminary investigation commenced following a legislative request under section -11, the attorney general shall make the determination not later than ninety days after the request is received. The attorney general promptly shall notify the special division of the court specified in section -12 of the commencement of the preliminary investigation and the date of the commencement.

(b) The attorney general may apply to the special division of the court for a single extension, for a period of not more than sixty days, of the ninety-day period. The special division of the court, upon a showing of good cause, may grant the extension.

§ -5 Limited authority of attorney general. (a) In conducting preliminary investigations under this chapter, the attorney general shall have no authority to convene grand juries, plea bargain, grant immunity, or issue subpoenas.

(b) The attorney general shall not base a determination under this chapter that information with respect to a violation of criminal law by a person is not specific and from a credible source upon a determination that the person lacked the state of mind required for the violation of criminal law.

(c) The attorney general shall not base a determination under this chapter that there are no reasonable grounds to believe that further investigation is warranted upon a determination that the person lacked the state of mind required for the violation of criminal law involved, unless there is clear and convincing evidence that the person lacked the required state of mind.

§ -6 Determination that further investigation not warranted; notification to special division of the court. If the attorney general, upon completion of a preliminary investigation under this chapter, determines that there are no reasonable grounds to believe that further investigation is warranted, the attorney general promptly shall so notify the special division of the court, and the special division of the court shall have no power to appoint an independent counsel with respect to the matters involved. The notification shall contain a summary of the information received and a summary of the results of the preliminary investigation.

§ -7 Determination that further investigation is warranted; application for appointment of independent counsel. (a) The attorney general shall apply to the special division of the court for the appointment of an independent counsel if:

(1) The attorney general, upon completion of a preliminary investigation under this chapter, determines that there are reasonable grounds to believe that further investigation is warranted; or

(2) The ninety-day period and any extension granted under section ‑4(b) have elapsed and the attorney general has not filed a notification with the special division of the court required under section ‑6.

In determining under this section whether reasonable grounds exist to warrant further investigation, the attorney general shall comply with the written or other established policies of the department of the attorney general with respect to the conduct of criminal investigations.

(b) Any application for the appointment of an independent counsel under this chapter shall contain sufficient information to assist the special division of the court in selecting an independent counsel and in defining that independent counsel's prosecutorial jurisdiction so that the independent counsel has adequate authority to investigate and prosecute fully the subject matter and all matters related to that subject matter.

§ -8 Receipt of additional information. If, after submitting a notification to the special division of the court under section ‑6, the attorney general receives additional information sufficient to constitute grounds to investigate the matters to which the notification related, the attorney general shall:

(1) Conduct any additional preliminary investigation as the attorney general considers appropriate for a period of not more than ninety days after the date on which the additional information is received; and

(2) Otherwise comply with this chapter with respect to the additional preliminary investigation to the same extent as any other preliminary investigation under this chapter.

§ -9 Disclosure of information. Except as otherwise provided in this chapter, no officer or employee of the department of the attorney general or an office of independent counsel, without leave of the special division of the court, may disclose to any individual outside the department or office any notification, application, or any other document, material, or memorandum supplied to the special division of the court under this chapter. Nothing in this chapter shall be construed as authorizing the withholding of information from the legislature.

§ -10 Limitation on judicial review. The attorney general's determination under this chapter to apply to the special division of the court for the appointment of an independent counsel shall not be reviewable in any court.

§ -11 Legislative request; report by the attorney general; disclosure. (a) The judiciary committee of either house of the legislature or a majority of majority party members or a majority of all non-majority party members of either committee may request in writing that the attorney general apply for the appointment of an independent counsel.

(b) Not later than thirty days after the receipt of a request under subsection (a), the attorney general shall submit, to the committee making the request, or to the committee on which the persons making the request serve, a report on whether the attorney general has begun or will begin a preliminary investigation under this chapter of the matters with respect to which the request is made. The report shall set forth the reasons for the attorney general's decision regarding the preliminary investigation as it relates to each matter raised in the legislative request. If there is a preliminary investigation, the report shall include the date on which the preliminary investigation began or will begin.

(c) At the same time as any notification, application, or any other document, material, or memorandum is supplied to the special division of the court with respect to a preliminary investigation of any matter concerning which a request is made under subsection (a), the notification, application, or other document, material, or memorandum shall be supplied to the committee making the request, or to the committee on which the persons making the request serve. If no application for the appointment of an independent counsel is made to the special division of the court under this section pursuant to a preliminary investigation, the attorney general shall submit a report to that committee stating the reasons why the application was not made, addressing each matter raised in the legislative request.

(d) Any report, notification, application, or other document, material, or memorandum supplied to a committee under this section shall not be revealed to any third party; except that the committee, either on its own initiative or upon the request of the attorney general, may make public such portion or portions of the report, notification, application, document, material, or memorandum as will not in the committee's judgment prejudice the rights of any individual.

§ -12 Duties of the special division of the court; appointment, qualifications, and jurisdiction of independent counsel. (a) The special division of the court to which this chapter refers is the division established under section 601‑ .

(b) Upon receipt of an application under section ‑7, the special division of the court shall appoint an appropriate independent counsel and shall define that independent counsel's prosecutorial jurisdiction.

(c) The special division of the court shall appoint as independent counsel an individual who has appropriate experience and who will conduct the investigation and any prosecution in a prompt, responsible, and cost-effective manner. The special division of the court shall seek to appoint as independent counsel an individual who shall serve to the extent necessary to complete the investigation and any prosecution without undue delay. The special division of the court shall not appoint as an independent counsel any person who holds any office of profit or trust under the State.

(d) In defining the independent counsel's prosecutorial jurisdiction, the special division of the court shall ensure that the independent counsel has adequate authority to investigate and prosecute fully the subject matter with respect to which the attorney general has requested the appointment of the independent counsel and all matters related to that subject matter. Such jurisdiction also shall include the authority to investigate and prosecute state crimes, other than those classified as petty misdemeanors or violations, that may arise out of the investigation or prosecution of the matter with respect to which the attorney general's request was made, including perjury, obstruction of justice, destruction of evidence, and intimidation of witnesses.

§ -13 Disclosure of identity and prosecutorial jurisdiction. An independent counsel's identity and prosecutorial jurisdiction (including any expansion under section ‑14) may not be made public except upon the request of the attorney general or upon a determination by the special division of the court that disclosure of the identity and prosecutorial jurisdiction of the independent counsel would be in the best interests of justice. In any event, the identity and prosecutorial jurisdiction of the independent counsel shall be made public when any indictment is returned or any criminal information is filed pursuant to the independent counsel's investigation.

§ -14 Expansion of jurisdiction; procedure for requesting. (a) The special division of the court, upon the request of the attorney general, may expand the prosecutorial jurisdiction of an independent counsel, and this expansion may be in lieu of the appointment of another independent counsel.

(b) If the independent counsel discovers or receives information about possible violations of criminal law by persons as provided in section ‑1 that are not covered by the prosecutorial jurisdiction of the independent counsel, the independent counsel may submit the information to the attorney general. The attorney general shall conduct a preliminary investigation of the information in accordance with this chapter; provided that the preliminary investigation shall not exceed thirty days from the date the information is received. Thereafter, in making the determinations required by sections ‑6 and ‑7, the attorney general shall give great weight to any recommendations of the independent counsel.

(c) If the attorney general determines, after according great weight to the recommendations of the independent counsel, that there are no reasonable grounds to believe that further investigation is warranted, the attorney general promptly shall so notify the special division of the court and the special division of the court shall have no power to expand the jurisdiction of the independent counsel or to appoint another independent counsel with respect to the matters involved.

(d) If:

(1) The attorney general determines that there are reasonable grounds to believe that further investigation is warranted; or

(2) The thirty-day period elapses without a notification to the special division of the court that no further investigation is warranted;

the special division of the court shall expand the jurisdiction of the appropriate independent counsel to include the matters involved or shall appoint another independent counsel to investigate the matters.

§ -15 Return for further explanation. Upon receipt of a notification under section ‑14(c) or section ‑6 from the attorney general that there are no reasonable grounds to believe that further investigation is warranted with respect to information received under this chapter, the special division of the court shall have no authority to overrule this determination but may return the matter to the attorney general for further explanation of the reasons for the determination.

§ -16 Vacancies. If a vacancy in office arises by reason of the resignation, death, or removal of an independent counsel, the special division of the court shall appoint an independent counsel to complete the work of the independent counsel whose resignation, death, or removal caused the vacancy; except that, in the case of a vacancy arising by reason of the removal of an independent counsel, the special division of the court may appoint an acting independent counsel to serve until any judicial review of the removal is completed.

§ -17 Award of attorneys' fees; evaluation. (a) Upon the request of an individual who is the subject of an investigation conducted by an independent counsel pursuant to this chapter, the special division of the court, if no indictment is brought against the individual pursuant to the investigation, may award reimbursement for those reasonable attorneys' fees incurred by the individual during the investigation that would not have been incurred but for the requirements of this chapter. The special division of the court shall notify the attorney general of any request for attorneys' fees under this section.

(b) The special division of the court may direct the attorney general to file a written evaluation of any request for attorneys' fees under this section, analyzing for each expense:

(1) The sufficiency of the documentation;

(2) The need or justification for the underlying item; and

(3) The reasonableness of the amount of money requested.

§ -18 Disclosure of information by the special division of the court. (a) The special division of the court, subject to section ‑26, may allow the disclosure of any notification, application, or any other document, material, or memorandum supplied to the special division of the court under this chapter.

(b) When presented with significant legal issues, the special division of the court may disclose sufficient information about the issues to permit the filing of timely amicus curiae briefs.

§ -19 Authority and duties of an independent counsel. Notwithstanding any other provision of law, an independent counsel appointed under this chapter, with respect to all matters in the independent counsel's prosecutorial jurisdiction established under this chapter, shall have full power and independent authority to exercise all investigative and prosecutorial functions and powers of the attorney general and any other officer or employee of the department of the attorney general, including those specified in part IV of chapter 803. These investigative and prosecutorial functions and powers shall include but not be limited to:

(1) Conducting proceedings before grand juries and other investigations;

(2) Participating in court proceedings and engaging in any litigation, including civil and criminal matters, that the independent counsel considers necessary;

(3) Appealing any decision of a court in any case or proceeding in which the independent counsel participates in an official capacity;

(4) Reviewing all documentary evidence available from any source;

(5) Determining whether to contest the assertion of any testimonial privilege;

(6) Making applications to any court for a grant of immunity to any witness, consistent with chapter 621C, or for warrants, subpoenas, or other court orders;

(7) Initiating and conducting prosecutions in any court of competent jurisdiction, framing and signing indictments, filing informations, and handling all aspects of any case, in the name of the State; and

(8) Consulting with the United States district attorney and county prosecuting attorneys concerning any alleged violation of law with respect to which the independent counsel is appointed.

§ -20 Compensation. An independent counsel appointed under this chapter shall receive compensation at the per diem rate equal to the annual rate of basic pay payable for the first deputy attorney general.

§ -21 Additional personnel. For the purposes of carrying out the duties of an office of independent counsel, the independent counsel may appoint, fix the compensation of, and assign the duties of employees as the independent counsel considers necessary (including investigators, attorneys, and part-time consultants). The positions of these employees shall be exempt from chapter 76; provided that no employee may be compensated at a rate exceeding the maximum rate of pay payable at the salary range of SC-3, L2.

§ -22 Assistance of department; payment of and reports on expenditures. (a) An independent counsel may request assistance from the department of the attorney general in carrying out the functions of the independent counsel, and the department shall provide that assistance, which may include access to any records, files, or other materials relevant to matters within the independent counsel's prosecutorial jurisdiction and the use of the resources and personnel necessary to perform the independent counsel's duties.

(b) The department shall pay all costs relating to the establishment and operation of any office of independent counsel. The attorney general shall submit to the legislature, not later than thirty days after the end of each fiscal year, a report on amounts paid during that fiscal year for expenses of investigations and prosecutions by independent counsel. Each report shall include a statement of all payments made for activities of independent counsel but may not reveal the identity or prosecutorial jurisdiction of any independent counsel that has not been disclosed under section ‑13.

§ -23 Compliance with policies of the department. An independent counsel shall comply, except where not possible, with the written or other established policies of the department of the attorney general respecting enforcement of the criminal laws.

§ -24 Referral of other matters to an independent counsel. An independent counsel may ask the attorney general or the special division of the court to refer to the independent counsel matters related to the independent counsel's prosecutorial jurisdiction, and the attorney general or the special division of the court, as the case may be, may refer the matters. If the attorney general refers a matter to an independent counsel on the attorney general's own initiative, the independent counsel may accept the referral if the matter relates to the independent counsel's prosecutorial jurisdiction. If the attorney general refers any matter to the independent counsel pursuant to the independent counsel's request, or if the independent counsel accepts a referral made by the attorney general on the attorney general's own initiative, the independent counsel shall so notify the special division of the court.

§ -25 Dismissal of matters. The independent counsel shall have full authority to dismiss matters within the independent counsel's prosecutorial jurisdiction without conducting an investigation or at any subsequent time before prosecution, if to do so would be consistent with the written or other established policies of the department of the attorney general with respect to the enforcement of criminal laws.

§ -26 Reports by independent counsel. (a) An independent counsel shall file with the special division of the court, with respect to the six-month period beginning on the date of appointment and with respect to each six-month period thereafter until the office of that independent counsel terminates, a report that identifies and explains major expenses, and summarizes all other expenses, incurred by that office during the six-month period with respect to which the report is filed and estimates future expenses of that office.

(b) Before the termination of the independent counsel's office under section ‑33, an independent counsel shall file a final report with the special division of the court, setting forth fully and completely a description of the work of the independent counsel, including the disposition of all cases brought and the reasons for not prosecuting any matter within the prosecutorial jurisdiction of the independent counsel.

(c) The special division of the court may release to the legislature, the public, or any appropriate person, such portions of a report made under this section as the special division of the court considers appropriate. The special division of the court shall make such orders as are appropriate to protect the rights of any individual named in the report and to prevent undue interference with any pending prosecution.

(d) The special division of the court may make any portion of a final report filed under subsection (b) available to any individual named in the report for the purposes of receiving, within a time limit set by the special division of the court, any comments or factual information that the individual may submit. Such comments and factual information, in whole or in part, may be included, in the discretion of the special division of the court, as an appendix to the final report.

§ -27 Independence from department. Each independent counsel appointed under this chapter, and the persons appointed by that independent counsel under section ‑21, are separate from and independent of the department of the attorney general for purposes of section 26‑8.

§ -28 Standards of conduct applicable to independent counsel, persons serving in the office of an independent counsel, and their law firms; restrictions on employment. (a) During the period in which an independent counsel is serving under this chapter:

(1) The independent counsel; and

(2) Any person associated with a firm with which the independent counsel is associated;

may not represent in any matter any person involved in any investigation or prosecution under this chapter.

During the period in which any person appointed by an independent counsel under section ‑21 is serving in the office of independent counsel, the person may not represent in any matter any person involved in any investigation or prosecution under this chapter.

(b) Each independent counsel and each person appointed by that independent counsel under section ‑21, for three years following the termination of the service of that independent counsel or appointed person, as the case may be, may not represent any individual in any matter if that individual was the subject of an investigation or prosecution under this chapter that was conducted by that independent counsel.

(c) Each independent counsel and each person appointed by that independent counsel under section ‑21, for one year following the termination of the service of that independent counsel or appointed person, as the case may be, may not represent any person in any matter involving any investigation or prosecution under this chapter.

(d) Any person who is associated with a firm with which an independent counsel is associated or becomes associated after termination of the service of that independent counsel, for one year following the termination, may not represent any person in any matter involving any investigation or prosecution under this chapter.

(e) For purposes of this section:

(1) "Firm" means a law firm, whether organized as a partnership or corporation; and

(2) A person is "associated" with a firm if that person is an officer, director, partner, or other member or employee of that firm.

§ -29 Custody of records of an independent counsel; transfer of; access to. (a) Upon termination of the office of an independent counsel, that independent counsel shall transfer to the state comptroller all records that have been created or received by that office. Before this transfer, the independent counsel shall clearly identify which of these records are subject to rule 6(e) of the Hawaii rules of penal procedure as grand jury materials.

(b) Except as provided in this section, records transferred to the state comptroller under this chapter shall be maintained, used, and disposed of in accordance with chapter 94. Subject to subsections (c) and (d), access to the records transferred to the state comptroller under this chapter shall be governed by chapter 92F.

(c) The state comptroller, upon written application by the attorney general, shall disclose any records to the department of the attorney general for purposes of an ongoing law enforcement investigation or court proceeding; except that, in the case of grand jury materials, such records shall be so disclosed only by order of the court of jurisdiction under rule 6(e) of the Hawaii rules of penal procedure.

Notwithstanding any restriction on access imposed by law, the state archivist and persons employed by the state archives division who are engaged in the performance of normal archival work shall be permitted access to the records transferred to the state archives under this chapter.

(d) Records of an investigation conducted by a committee of the house of representatives or the senate that are provided to an independent counsel to assist in an investigation or prosecution conducted by that independent counsel shall:

(1) Be maintained as a separate body of records within the records of the independent counsel; and

(2) Be made available, except as provided in this section, after the records have been transferred to the state comptroller, in accordance with the rules governing release of the records of the house of the legislature that provided the records to the independent counsel; except that this paragraph shall not apply to those records that have been surrendered pursuant to grand jury or court proceedings.

§ -30 Legislature oversight; of independent counsel, of attorney general. (a) The appropriate committees of the legislature shall have oversight jurisdiction with respect to the official conduct of any independent counsel appointed under this chapter, and the independent counsel shall have the duty to cooperate with the exercise of the oversight jurisdiction. An independent counsel appointed under this chapter shall submit to the legislature statements or reports on the activities of the independent counsel as the independent counsel considers appropriate.

(b) Within fifteen days after receiving an inquiry about a particular case under this chapter that is a matter of public knowledge, from a committee of the legislature with jurisdiction over this chapter, the attorney general shall provide the following information to that committee with respect to the case:

(1) When the information about the case was received;

(2) Whether a preliminary investigation is being conducted, and if so, the date it began; and

(3) Whether an application for the appointment of an independent counsel or a notification that further investigation is not warranted has been filed with the special division of the court, and if so, the date of the filing.

§ -31 Information relating to impeachment. An independent counsel shall advise the house of representatives of any substantial and credible information that the independent counsel receives, in carrying out the independent counsel's responsibilities under this chapter, that may constitute grounds for an impeachment. Nothing in this chapter or section 601- , shall prevent the legislature or either house thereof from obtaining information in the course of an impeachment proceeding.

§ -32 Removal of an independent counsel; grounds; report to special division of court and legislature; judicial review. (a) An independent counsel appointed under this chapter may be removed from office, other than by impeachment and conviction, only by the personal action of the attorney general and only for good cause, physical disability, mental incapacity, or any other condition that substantially impairs the performance of the independent counsel's duties.

(b) If an independent counsel is removed from office, the attorney general promptly shall submit to the special division of the court and the committees on the judiciary of the senate and the house of representatives a report specifying the facts found and the ultimate grounds for removal. The committees shall make available to the public the report, except that each committee, if necessary to protect the rights of any individual named in the report or to prevent undue interference with any pending prosecution, may postpone or refrain from publishing any or all of the report. The special division of the court may release any or all of the report consistent with section ‑26(c).

(c) An independent counsel removed from office may obtain judicial review of the removal in a civil action commenced in the circuit court. A member of the special division of the court may not hear or determine any such civil action or any appeal of a decision in any such civil action. The independent counsel may be reinstated or granted other appropriate relief by order of the court.

§ -33 Termination of office, by action of independent counsel; by special division of court. (a) An office of independent counsel shall terminate when:

(1) The independent counsel notifies the attorney general that the investigation of all matters within the prosecutorial jurisdiction of the independent counsel or accepted by the independent counsel under section ‑24, and any resulting prosecutions, have been completed or so substantially completed that it would be appropriate for the department to complete the investigations and prosecutions; and

(2) The independent counsel files a final report in compliance with section ‑26(b).

(b) The special division of the court, either on its own motion or upon the request of the attorney general, may terminate an office of independent counsel at any time on the ground that the investigation of all matters within the prosecutorial jurisdiction of the independent counsel or accepted by the independent counsel under section ‑24, and any resulting prosecutions, have been completed or so substantially completed that it would be appropriate for the department of the attorney general to complete the investigations and prosecutions. At the time of the termination under this subsection, the independent counsel shall file the final report required by section ‑26(b).

§ -34 Audits. After the termination of the office of an independent counsel, the comptroller shall conduct an audit of the expenditures of that office and shall submit to the appropriate committees of the legislature a report on the audit.

§ -35 Relationship with department of attorney general; suspension of other investigations and proceedings. Whenever a matter is in the prosecutorial jurisdiction of an independent counsel or has been accepted by an independent counsel under section ‑24, the department of the attorney general, the attorney general, and all other officers and employees of the department shall suspend all investigations and proceedings regarding the matter, except to the extent required by section ‑22(a), and except insofar as the independent counsel agrees in writing that the investigation or proceedings may be continued by the department.

§ -36 Presentation as amicus curiae permitted. Nothing in this chapter shall prevent the attorney general from making a presentation as amicus curiae to any court as to issues of law raised by any case or proceeding in which an independent counsel participates in an official capacity or any appeal of such a case or proceeding."

SECTION 2. Chapter 601, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§601- Assignment of judges to special division of the court to appoint independent counsels. (a) Beginning with the two-year period commencing on the effective date of this section, the chief justice shall assign three judges for each successive two-year period to a division of the first circuit court, to be known as the special division of the court, for the purpose of appointing independent counsels. The clerk of the first circuit shall serve as the clerk of the special division of the court and shall provide such services as are needed by the special division of the court.

(b) Except as provided under subsection (f), and notwithstanding any other law to the contrary, assignment to the special division of the court shall not be a bar to other judicial assignments during the term of appointment.

(c) The chief justice of the supreme court shall designate and assign three circuit court judges, one of whom shall be a judge of the first circuit court to the special division of the court. Not more than one judge may be named to the special division from a particular circuit.

(d) In assigning judges to sit on the special division of the court, priority shall be given to senior circuit judges. Notwithstanding subsection (c), in the chief justice's discretion, the chief justice also may assign retired circuit judges or justices to the special division of the court; provided that not more than one retired judge or justice serves at any one time.

(e) Any vacancy in the special division of the court shall be filled only for the remainder of the two-year period in which the vacancy occurs and in the same manner as the initial assignment was made.

(f) No member of the special division of the court who participated in a function conferred on the special division involving an independent counsel shall be eligible to participate in any judicial proceeding concerning a matter that involves the independent counsel while the independent counsel is serving in that office or that involves the exercise of the independent counsel's official duties, regardless of whether the independent counsel is still serving in that office."

SECTION 3. If any provision of this Act, or the application thereof to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of the Act which can be given effect without the invalid provision or application, and to this end the provisions of this Act are severable.

SECTION 4. New statutory material is underscored.

SECTION 5. This Act shall take effect upon its approval.

INTRODUCED BY:	_____________________________

HOUSE OF REPRESENTATIVES	H.B. NO.	1553
TWENTY-FIFTH LEGISLATURE, 2009
STATE OF HAWAII