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THE SENATE |
S.B. NO. |
2385 |
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THIRTY-SECOND LEGISLATURE, 2024 |
S.D. 1 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
PROPOSING AN AMENDMENT TO ARTICLE VI, SECTION 3 OF THE HAWAII CONSTITUTION TO PLACE PROCEDURAL RESTRICTIONS ON THE TIMING OF JUDICIAL APPOINTMENTS AND CONFIRMATIONS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 2. Article VI, section 3, of the Constitution of the State of Hawaii is amended to read as follows:
"APPOINTMENT OF JUSTICES AND JUDGES
Section 3.
The governor, with the consent of the senate, shall fill a vacancy
in the office of the chief justice, supreme court, intermediate appellate court
and circuit courts, by appointing a person from a list of not less than four,
and not more than six, nominees for the vacancy, presented to the governor by
the judicial selection commission[.]; provided that the judicial
selection commission shall not present a list of nominees to the governor
between September 1 and November 30, and the position shall remain vacant until
after November 30, when the governor may be presented with a list of nominees.
If the governor fails to make any
appointment within thirty days of presentation, or within ten days of the
senate's rejection of any previous appointment, the appointment shall be made
by the judicial selection commission from the list with the consent of the
senate. If the senate fails to reject
any appointment within thirty days thereof, it shall be deemed to have given
its consent to [such] that appointment[.]; provided
that, during each interim between regular sessions of the legislature, the
senate shall be called into no more than two special sessions to consent to any
judicial appointments, and any subsequent appointments during that interim
shall be held until the start of the next regular session, when the senate may
consent to the appointment or appointments within thirty days of the date the
regular session convenes. If the
senate shall reject any appointment, the governor shall make another
appointment from the list within ten days thereof. The same appointment and
consent procedure shall be followed until a valid appointment has been made, or
failing this, the commission shall make the appointment from the list, without
senate consent.
The chief justice, with the consent of the
senate, shall fill a vacancy in the district courts by appointing a person from
a list of not less than six nominees for the vacancy presented by the judicial
selection commission[.]; provided that the judicial selection
commission shall not present a list of nominees to the chief justice between September
1 and November 30, and the position shall remain vacant until after
November 30, when the chief justice may be presented with a list of nominees. If the chief justice fails to make the
appointment within thirty days of presentation, or within ten days of the
senate's rejection of any previous appointment, the appointment shall be made
by the judicial selection commission from the list with the consent of the
senate. The senate shall hold a public
hearing and vote on each appointment within thirty days of any appointment[.];
provided that, during each interim between regular sessions of the legislature,
the senate shall be called into no more than two special sessions to consent to
any judicial appointments, and any subsequent appointments during that interim
shall be held until the start of the next regular session, when the senate may
consent to the appointment or appointments within thirty days of the date the
regular session convenes. If the
senate fails to do so, the nomination shall be returned to the commission and
the commission shall make the appointment from the list without senate consent.
The chief justice shall appoint per diem
district court judges as provided by law.
The judicial selection commission shall disclose to the public the list of nominees for each vacancy concurrently with the presentation of each list to the governor or the chief justice, as applicable.
QUALIFICATIONS FOR APPOINTMENT
Justices and judges shall be residents and citizens of the State and of the United States, and licensed to practice law by the supreme court. A justice of the supreme court, a judge of the intermediate appellate court and a judge of the circuit court shall have been so licensed for a period of not less than ten years preceding nomination. A judge of the district court shall have been so licensed for a period of not less than five years preceding nomination.
No justice or judge shall, during the term of office, engage in the practice of law, or run for or hold any other office or position of profit under the United States, the State or its political subdivisions.
TENURE; RETIREMENT
The term of office of justices and judges of the supreme court, intermediate appellate court and circuit courts shall be ten years. Judges of district courts shall hold office for the periods as provided by law. At least six months prior to the expiration of a justice's or judge's term of office, every justice and judge shall petition the judicial selection commission to be retained in office or shall inform the commission of an intention to retire. If the judicial selection commission determines that the justice or judge should be retained in office, the commission shall renew the term of office of the justice or judge for the period provided by this section or by law.
Justices and judges shall be retired upon attaining the age of seventy years. They shall be included in any retirement law of the State."
SECTION 3. The question to be printed on the ballot shall be as follows:
"Shall the Constitution of the State of Hawaii be amended to place procedural restrictions on the timing of when judicial appointments and confirmations may occur?"
SECTION 4. Constitutional material to be repealed is bracketed and stricken. New constitutional material is underscored.
SECTION 5. This amendment shall take effect upon compliance with article XVII, section 3, of the Constitution of the State of Hawaii.
Report Title:
Justices
and Judges; Appointment; Confirmation; Constitutional Amendment
Description:
Proposes an amendment to the state constitution to place procedural restrictions on the timing of judicial appointments and confirmations. Establishes a window between September 1 and November 30 during which the judicial selection commission may not present a list of nominees to the Governor or Chief Justice. Provides that the Senate shall be called into no more than 2 special sessions during each interim between regular sessions of the Legislature to consent to a judicial appointment. (SD1)
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