STAND. COM. REP. NO.  1196

 

Honolulu, Hawaii

                , 2015

 

RE:   S.B. No. 615

      S.D. 1

      H.D. 1

 

 

 

 

Honorable Joseph M. Souki

Speaker, House of Representatives

Twenty-Eighth State Legislature

Regular Session of 2015

State of Hawaii

 

Sir:

 

     Your Committee on Judiciary, to which was referred S.B. No. 615, S.D. 1, entitled:

 

"A BILL FOR AN ACT PROPOSING AN AMENDMENT TO ARTICLE VI, SECTION 3, OF THE CONSTITUTION OF THE STATE OF HAWAII,"

 

begs leave to report as follows:

 

     The purpose of this measure is to propose a constitutional amendment to clarify that the Senate's thirty day period to reject a judicial appointment begins on the Senate's receipt of written notice of the governor's appointment.

 

     The League of Women Voters of Hawaii testified in support of this measure.  The Department of the Attorney General testified in support of this measure and recommended amendments.

 

     Your Committee has amended this measure to:

 

(1)  Additionally require that the Senate receive written notice from the Judicial Selection Commission that is concurrent with its appointment, in the event the Governor or the Chief Justice fails to make a judicial appointment;

 

(2)  Require that the Senate receive written notice from the Chief Justice that is concurrent with the appointment of judges to the District Court;

(3)  Require, in the event that the Senate rejects an appointment, that the Governor or Judicial Selection Commission provide written notice to the Senate of the new appointment; and

 

(4)  Make conforming amendments to the ballot question.

 

     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. 615, S.D. 1, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 615, S.D. 1, H.D. 1, and be referred to the Committee on Finance.

 

Respectfully submitted on behalf of the members of the Committee on Judiciary,

 

 

 

 

____________________________

KARL RHOADS, Chair