STAND. COM. REP. NO. 2149

Honolulu, Hawaii

RE: S.B. No. 2385

Honorable Ronald D. Kouchi

President of the Senate

Thirty-Second State Legislature

Regular Session of 2024

State of Hawaii

Sir:

Your Committee on Judiciary, to which was referred S.B. No. 2385 entitled:

"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,"

begs leave to report as follows:

The purpose and intent of this measure is to:

(1) Propose an amendment to the Hawaii State Constitution to place procedural restrictions on the timing of judicial appointments and confirmations;

(2) Establish 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; and

(3) Provide that if multiple judicial vacancies occur between regular sessions of the Legislature, the Senate shall be called into not more than two special sessions to consent to a judicial appointment.

Your Committee received no testimony on this measure.

Your Committee finds that requiring the Senate to be called into multiple special sessions to consent to a judicial appointment requires paying for transportation and other necessary expenses for Senators who do not reside on Oahu. This measure will improve government efficiency and save taxpayer money by placing procedural restrictions on the timing of judicial appointments and confirmations.

Your Committee notes that the cost for the Senate to conduct a two-day special session to confirm judges and justices is at least $5,200 per session, to cover costs associated with the participation of neighbor island Senators. If additional time for the session is required, the cost will increase.

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. 2385 and recommends that it pass Second Reading and be referred to your Committee on Ways and Means.

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

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KARL RHOADS, Chair