SB957 SD1.DOC

SECTION 1. The legislature finds that according to the Access to Justice Hui report of November 2007, the family court comprises a significant portion of unmet legal needs, and significant barriers to justice exist. In its 2010 report, the Access to Justice Committee on Education, Communications, and Conference Planning discussed whether public meetings should be held to provide an appropriate forum for those in need of access to justice to describe their particular situations and an opportunity for state legislators and other policy makers to learn about the vital importance of basic access to justice for low- and moderate-income people.

The purpose of this Act is to create a citizen's family law advisory committee, comprised of a broad spectrum of citizens, to assist the judiciary and the legislature in continuing to improve the family court by:

(1) Gathering input and information;

(2) Conducting studies, evaluations, or surveys;

(3) Reviewing legislation, administrative procedures, and proposals; and

(4) Evaluating alternatives and making recommendations relating to family law and family court.

The legislature finds that the citizen's family law advisory committee established by this Act will provide within the judiciary an ongoing and necessary means by which judiciary personnel, family court professionals, related service providers, and the public can participate in and provide feedback about the family court and family law matters, in a forum that employs sunshine law principles under chapter 92, Hawaii Revised Statutes.

SECTION 2. Chapter 571, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§571- Citizen's family law advisory committee. (a) There is established within the judiciary, for administrative purposes, a citizen's family law advisory committee. The chief justice of the supreme court shall appoint members to the advisory committee who shall serve in an advisory capacity only. The advisory committee shall give continuing consideration to all aspects of the administration of justice in the family court and may further assist the family court at the family court's discretion.

(b) The advisory committee may:

(1) Gather input and information regarding family law and family court issues or complaints;

(2) Conduct studies, evaluations, or surveys related to family law and family court issues;

(3) Review legislation, administrative procedures, and proposals relating to family law and family court issues; and

(4) Evaluate alternatives and make recommendations relating to family law and family court issues.

(c) The members of the advisory committee shall select a chairperson, vice-chair, and secretary-treasurer from its membership, each of whom shall serve in that capacity for a term of one year.

(d) The chief justice of the supreme court shall appoint no less than eleven and no more than fifteen members to the advisory committee, including a representative from each judicial circuit; provided that advisory committee membership shall include a representative from each of the following:

(1) Community laypersons;

(2) Judges;

(3) The family court administrator or the administrator's designee;

(4) Attorneys, including family law practitioners, and legal services providers;

(5) Family and children service providers;

(6) Mental health professionals, guardians ad litem, or expert witnesses;

(7) State and county agencies, including the department of human services, department of health, and department of public safety; and

(8) Law enforcement agencies;

provided further that a minimum of four members of the advisory committee shall not otherwise be affiliated with or employed by the judiciary or the Hawaii State Bar Association.

(e) Members shall serve for terms of four years and shall be limited to serving two consecutive terms; provided that members may be reappointed for additional terms after a break in service for at least one four-year term.

(f) Members of the advisory committee shall serve without compensation but shall be reimbursed for necessary and reasonable expenses, including travel or other expenses incurred in the performance of their official duties.

(g) The advisory committee shall meet at a stated time to be fixed by its members, but no less than nine times every twelve months.

(h) Section 92-6(a)(1) notwithstanding, the advisory committee shall comply fully with chapter 92. Notice of any advisory committee meeting shall be posted at the site of the meeting whenever feasible. In addition, notice for advisory committee meetings shall be posted on the judiciary website and filed in the office of the clerk of the supreme court and with the appropriate circuit court and family court clerk in the circuit where the meeting is to be held, at least six calendar days before the meeting; provided that upon any failure to timely file the notice, the administrative director of the courts or the appropriate circuit and family court clerk shall immediately notify the chairperson of the advisory committee of the tardy filing, and the meeting shall be canceled as a matter of law; provided further that upon receipt of notice of tardy filing, the chairperson of the advisory committee shall post a meeting cancellation notice at the site of the meeting.

(i) The chief justice of the supreme court shall enforce the requirements of this section.

(j) The chief justice of the supreme court shall submit a report to the legislature no later than October 15 of each calendar year that describes the activities, reports, and recommendations developed by the advisory committee."

SECTION 3. New statutory material is underscored.

SECTION 4. This Act shall take effect on July 1, 2050.

THE SENATE	S.B. NO.	957
TWENTY-SIXTH LEGISLATURE, 2011		S.D. 1
STATE OF HAWAII