STAND. COM. REP. NO. 1495

Honolulu, Hawaii

RE:    H.B. No. 301

       H.D. 1

       S.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Twenty-Ninth State Legislature

Regular Session of 2017

State of Hawaii

Sir:

     Your Committee on Judiciary and Labor, to which was referred H.B. No. 301, H.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO RESPONSE TO WRIT FOR CERTIORARI,"

begs leave to report as follows:

     The purpose and intent of this measure is to require the Clerk of the Court to grant to a party a single extension of no more than fifteen days for filing with the Supreme Court a response to an application for writ of certiorari upon timely written request of the party; and clarify what constitutes a timely request for an extension.

     Your Committee received testimony in support of this measure from the Department of the Prosecuting Attorney, City and County of Honolulu; Office of the Prosecuting Attorney, County of Kaua‘i; Office of the Prosecuting Attorney, County of Hawai‘i; and Department of the Prosecuting Attorney, County of Maui.

     Your Committee finds that this measure ensures that a responding party to an application for writ of certiorari in civil or criminal cases is given equal opportunity to respond to an application.

     Your Committee has amended this measure by:

     (1)  Replacing references to "opposition" with "response" for purposes of consistency;

     (2)  Deleting the savings clause under section 2; and

     (3)  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. 301, H.D. 1, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 301, 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,

________________________________

GILBERT S.C. KEITH-AGARAN, Chair