STAND. COM. REP. NO.  40

 

Honolulu, Hawaii

                , 2021

 

RE:   H.B. No. 189

 

 

 

 

Honorable Scott K. Saiki

Speaker, House of Representatives

Thirty-First State Legislature

Regular Session of 2021

State of Hawaii

 

Sir:

 

     Your Committee on Judiciary & Hawaiian Affairs, to which was referred H.B. No. 189 entitled:

 

"A BILL FOR AN ACT RELATING TO DESIGNATING SUBSTITUTE JUDGES ON THE INTERMEDIATE COURT OF APPEALS,"

 

begs leave to report as follows:

 

     The purpose of this measure is to authorize the Chief Justice of the Hawaii Supreme Court to designate circuit court judges, retired intermediate appellate judges, or retired supreme court justices to temporarily fill a vacancy on the Intermediate Court of Appeals.

 

     Your Committee received testimony in support of this measure from the Judiciary, Hawaii State Bar Association's Appellate Section, and numerous individuals.

 

     Your Committee finds that the Intermediate Court of Appeals originally consisted of a chief judge and two associate judges.  Your Committee further finds that the Legislature has since doubled the size of the Intermediate Court of Appeals to six judges.  Existing law requires the Intermediate Court of Appeals to decide cases in panels of no less than three judges, and only allows the Chief Justice of the Hawaii Supreme Court to designate temporary judges when the number of available intermediate appellate judges is insufficient to make up a panel because of vacancy or disqualification.  This measure will allow the Intermediate Court of Appeals to continue meeting its substantial and complex caseload by authorizing the Chief Justice to designate circuit court judges, retired intermediate appellate judges, or retired supreme court justices to fill any temporary vacancy on the court.

 

     As affirmed by the record of votes of the members of your Committee on Judiciary & Hawaiian Affairs that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 189 and recommends that it pass Second Reading and be referred to your Committee on Finance.

 

 

Respectfully submitted on behalf of the members of the Committee on Judiciary & Hawaiian Affairs,

 

 

 

 

____________________________

MARK M. NAKASHIMA, Chair