THE SENATE                           S.C.R. NO.            219
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            
                                                             
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                    SENATE  CONCURRENT
                        RESOLUTION
  REQUESTING THE LEGISLATIVE REFERENCE BUREAU TO STUDY GIFT-
    GIVING BY COURT REPORTERS.



 1        WHEREAS, the Office of Disciplinary Counsel has opined
 2   that attorneys are not prohibited from accepting gifts and
 3   awards from court reporting firms, provided that consent is
 4   obtained from the client on whose behalf the services of the
 5   reporter are retained, the client is fully advised of the
 6   nature of the arrangement, and the client consents to the use
 7   of the particular agency; and
 8   
 9        WHEREAS, the Office of Disciplinary Counsel based its
10   opinion on the reason that the client consent is necessary
11   because the gratuity really belongs to the client, not the
12   attorney; and
13   
14        WHEREAS, the Office of Disciplinary Counsel has also
15   opined that attorneys may accept nominal gifts from court
16   reporting firms such as pens, coffee mugs, and other
17   advertising gimmicks without client consent; and
18   
19        WHEREAS, the giving and receipt of gifts or awards may
20   lead some litigants to question the neutrality of the court
21   reporter, the neutrality of the judicial process, and the
22   veracity of the subsequently produced transcript; and
23   
24        BE IT RESOLVED by the Senate of the Twentieth Legislature
25   of the State of Hawaii, Regular Session of 1999, the House of
26   Representatives concurring, that the Legislative Reference
27   Bureau is requested to study whether there are legal issues
28   involved in private court reporters giving gifts or awards to
29   attorneys or the attorneys' clients, and if so, whether any
30   legislation is appropriate or necessary to remedy the issue;
31   and
32   
33        BE IT FURTHER RESOLVED that the Legislative Reference
34   Bureau is requested to submit findings and recommendations to
35   the Legislature twenty days prior to the convening of the
36   Regular Session of 2000; and
37   

 
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                                     S.C.R. NO.         219
                                                        
                                                        

 
 1        BE IT FURTHER RESOLVED that a certified copy of this
 2   Concurrent Resolution be transmitted to the Acting Director of
 3   the Legislative Reference Bureau.
 4 
 5 
 6 
 7                         OFFERED BY:  ____________________________