STAND. COM. REP. NO. 1115

Honolulu, Hawaii

RE:    H.B. No. 299

       H.D. 1

       S.D. 1

Honorable Shan S. Tsutsui

President of the Senate

Twenty-Sixth State Legislature

Regular Session of 2011

State of Hawaii

Sir:

     Your Committee on Judiciary and Labor, to which was referred H.B. No. 299, H.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO COURTS OF APPEAL,"

begs leave to report as follows:

     The purpose and intent of this measure is to expedite the finality of judgments on appeal by shortening the time period to file an application for a writ of certiorari with the Hawaii Supreme Court from ninety days to thirty days, with an extension of up to an additional thirty days upon request.

     Your Committee received testimony in support of this measure from the Judiciary and the Office of the Public Defender.

     Your Committee finds that currently, the application for a writ of certiorari must be filed within ninety days of filing of the judgment or dismissal order of the Intermediate Court of Appeals.  Due to the availability of an appeal from an Intermediate Court of Appeals' decision, the judgment on appeal is not final until the ninety-first day, even if no application for a writ of certiorari is submitted.  This may have adverse consequences for litigants.  For example, an incarcerated criminal defendant who has won a conviction reversal by the Intermediate Court of Appeals' judgment may be required to remain in prison until the judgment becomes effective.

     Your Committee notes that the ninety-day period has applied only since 2006, when the appellate courts were restructured and the Hawaii Supreme Court became a certiorari court.  Prior to 2006, the writ of certiorari application filing period was thirty days.  Your Committee also notes that this measure will allow a litigant an extension of thirty days if a litigant needs additional time.

     Your Committee has amended this measure by making technical, nonsubstantive amendments for the purposes of clarity and consistency.

     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 H.B. No. 299, H.D. 1, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 299, H.D. 1, 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,

____________________________

CLAYTON HEE, Chair