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THE SENATE                           S.C.R. NO.            S.D.1
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            
                                                             
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                    SENATE  CONCURRENT
                        RESOLUTION
  REQUESTING THE HAWAII SUPREME COURT TO REVIEW COURT RULES AND,
    IF NECESSARY, TO ESTABLISH GUIDELINES FOR 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; now,
23   therefore,
24   
25        BE IT RESOLVED by the Senate of the Twentieth Legislature
26   of the State of Hawaii, Regular Session of 1999, the House of
27   Representatives concurring, that the Hawaii Supreme Court is
28   requested to review court rules and, if necessary, to establish
29   guidelines for the giving of gifts or awards by private court
30   reporters to attorneys or the attorneys' clients; and
31   
32        BE IT FURTHER RESOLVED that the Hawaii Supreme Court is
33   requested to submit a report of its findings to the Legislature
34   twenty days prior to the convening of the Regular Session of
35   2000; and
36   

 
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                                  S.C.R. NO.            S.D. 1
                                                        
                                                        

 
 1        BE IT FURTHER RESOLVED that certified copies of this
 2   Concurrent Resolution be transmitted to the Chief Justice of
 3   the Hawaii Supreme Court, the Hawaii Board of Certified
 4   Shorthand Reporters, the Hawaii State Bar Association, and the
 5   Office of Disciplinary Counsel.