REPORT TITLE:
Judiciary; Law Clerk

DESCRIPTION:
Authorizes the exemption of one law clerk position for land court
judges of the circuit court of the first circuit.


 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        
THE SENATE                              S.B. NO.           886
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            
                                                             
________________________________________________________________
________________________________________________________________


                   A  BILL  FOR  AN  ACT

RELATING TO CIVIL SERVICE EXEMPTIONS FOR THE JUDICIARY.


BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 1      SECTION 1.  Section 76-16, Hawaii Revised Statutes, is
 
 2 amended to read as follows:
 
 3      "76-16  Civil service and exemptions.  The civil service to
 
 4 which this part applies shall comprise all positions in the State
 
 5 now existing or hereafter established and embrace all personal
 
 6 services performed for the State, except the following:
 
 7      (1)  Commissioned and enlisted personnel of the Hawaii
 
 8           national guard as such, and positions in the Hawaii
 
 9           national guard that are required by state or federal
 
10           laws or regulations or orders of the national guard to
 
11           be filled from those commissioned or enlisted
 
12           personnel;
 
13      (2)  Positions filled by persons employed by contract where
 
14           the director of human resources development has
 
15           certified that the service is special or unique or is
 
16           essential to the public interest and that, because of
 
17           circumstances surrounding its fulfillment, personnel to
 
18           perform the service cannot be obtained through normal
 
19           civil service recruitment procedures.  Any such
 

 
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 1           contract may be for any period not exceeding one year;
 
 2      (3)  Positions of a temporary nature needed in the public
 
 3           interest where the need for the position does not
 
 4           exceed one year, but before any person may be employed
 
 5           to render the temporary service, the director shall
 
 6           certify that the service is of a temporary nature and
 
 7           that recruitment through normal civil service
 
 8           recruitment procedures is not practicable;
 
 9      (4)  Positions filled by the legislature or by either house
 
10           or any committee thereof;
 
11      (5)  Employees in the office of the governor and household
 
12           employees at Washington Place;
 
13      (6)  Positions filled by popular vote;
 
14      (7)  Department heads, officers, and members of any board,
 
15           commission, or other state agency whose appointments
 
16           are made by the governor or are required by law to be
 
17           confirmed by the senate;
 
18      (8)  Judges, referees, receivers, masters, jurors, notaries
 
19           public, land court examiners, court commissioners, and
 
20           attorneys appointed by a state court for a special
 
21           temporary service;
 
22      (9)  One bailiff for the chief justice of the supreme court
 
23           who shall have the powers and duties of a court officer
 

 
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                                     S.B. NO.           886
                                                        
                                                        

 
 1           and bailiff under section 606-14; one secretary or
 
 2           clerk for each justice of the supreme court, each judge
 
 3           of the intermediate appellate court, and each judge of
 
 4           the circuit court; one secretary for the judicial
 
 5           council; one deputy administrative director of the
 
 6           courts; three law clerks for the chief justice of the
 
 7           supreme court, two law clerks for each associate
 
 8           justice of the supreme court and each judge of the
 
 9           intermediate appellate court, one law clerk for each
 
10           judge of the circuit court, two additional law clerks
 
11           for the civil administrative judge of the circuit court
 
12           of the first circuit, two additional law clerks for the
 
13           criminal administrative judge of the circuit court of
 
14           the first circuit, one additional law clerk for the
 
15           senior judge of the family court of the first circuit,
 
16           two additional law clerks for the civil motions judge
 
17           of the circuit court of the first circuit, two
 
18           additional law clerks for the criminal motions judge of
 
19           the circuit court of the first circuit, one additional
 
20           law clerk for the judge or judges of the circuit court
 
21           of the first circuit to whom land court matters are
 
22           assigned pursuant to section 501-2, and two law clerks
 
23           for the administrative judge of the district court of
 

 
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                                     S.B. NO.           886
                                                        
                                                        

 
 1           the first circuit; and one private secretary for the
 
 2           administrative director of the courts, the deputy
 
 3           administrative director of the courts, each department
 
 4           head, each deputy or first assistant, and each
 
 5           additional deputy, or assistant deputy, or assistant
 
 6           defined in paragraph (16);
 
 7     (10)  First deputy and deputy attorneys general, the
 
 8           administrative services manager of the department of
 
 9           the attorney general, one secretary for the
 
10           administrative services manager, an administrator and
 
11           any support staff for the criminal and juvenile justice
 
12           resources coordination functions, and law clerks;
 
13     (11)  Teachers, principals, vice-principals, district
 
14           superintendents, chief deputy superintendents, other
 
15           certificated personnel, and not more than twenty
 
16           noncertificated administrative, professional, and
 
17           technical personnel not engaged in instructional work
 
18           in the department of education, the special assistant
 
19           to the state librarian, one secretary for the special
 
20           assistant to the state librarian, and members of the
 
21           faculty of the University of Hawaii, including research
 
22           workers, extension agents, personnel engaged in
 
23           instructional work, and administrative, professional,
 

 
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                                     S.B. NO.           886
                                                        
                                                        

 
 1           and technical personnel of the university;
 
 2     (12)  Employees engaged in special, research, or
 
 3           demonstration projects approved by the governor;
 
 4     (13)  Positions filled by inmates, kokuas, patients of state
 
 5           institutions, persons with severe physical or mental
 
 6           handicaps participating in the work experience training
 
 7           programs, and students and positions filled through
 
 8           federally funded programs that provide temporary public
 
 9           service employment such as the federal Comprehensive
 
10           Employment and Training Act of 1973;
 
11     (14)  A custodian or guide at Iolani Palace, the Royal
 
12           Mausoleum, and Hulihee Palace;
 
13     (15)  Positions filled by persons employed on a fee,
 
14           contract, or piecework basis, who may lawfully perform
 
15           their duties concurrently with their private business
 
16           or profession or other private employment and whose
 
17           duties require only a portion of their time, if it is
 
18           impracticable to ascertain or anticipate the portion of
 
19           time to be devoted to the service of the State;
 
20     (16)  Positions of first deputies or first assistants of each
 
21           department head appointed under or in the manner
 
22           provided in section 6, Article V, of the State
 
23           Constitution; three additional deputies or assistants
 

 
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                                     S.B. NO.           886
                                                        
                                                        

 
 1           either in charge of the highways, harbors, and airports
 
 2           divisions or other functions within the department of
 
 3           transportation as may be assigned by the director of
 
 4           transportation, with the approval of the governor; four
 
 5           additional deputies in the department of health, each
 
 6           in charge of one of the following:  behavioral health,
 
 7           environmental health, hospitals, and health resources
 
 8           administration, including other functions within the
 
 9           department as may be assigned by the director of
 
10           health, with the approval of the governor; an
 
11           administrative assistant to the state librarian; and an
 
12           administrative assistant to the superintendent of
 
13           education;
 
14     (17)  Positions specifically exempted from this part by any
 
15           other law; provided that all of the positions defined
 
16           by paragraph (9) shall be included in the position
 
17           classification plan;
 
18     (18)  Positions in the state foster grandparent program and
 
19           positions for temporary employment of senior citizens
 
20           in occupations in which there is a severe personnel
 
21           shortage or in special projects;
 
22     (19)  Household employees at the official residence of the
 
23           president of the University of Hawaii;
 

 
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                                     S.B. NO.           886
                                                        
                                                        

 
 1     (20)  Employees in the department of education engaged in the
 
 2           supervision of students during lunch periods and in the
 
 3           cleaning of classrooms after school hours on a less
 
 4           than half-time basis;
 
 5     (21)  Employees hired under the tenant hire program of the
 
 6           housing and community development corporation of
 
 7           Hawaii; provided that not more than twenty-six per cent
 
 8           of the corporation's work force in any housing project
 
 9           maintained or operated by the corporation shall be
 
10           hired under the tenant hire program;
 
11     (22)  Positions of the federally funded expanded food and
 
12           nutrition program of the University of Hawaii that
 
13           require the hiring of nutrition program assistants who
 
14           live in the areas they serve;
 
15     (23)  Positions filled by severely handicapped persons who
 
16           are certified by the state vocational rehabilitation
 
17           office that they are able to perform safely the duties
 
18           of the positions;
 
19     (24)  One public high school student to be selected by the
 
20           Hawaii state student council as a nonvoting member on
 
21           the board of education as authorized by the State
 
22           Constitution;
 
23     (25)  Sheriff, first deputy sheriff, and second deputy
 

 
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                                     S.B. NO.           886
                                                        
                                                        

 
 1           sheriff; and
 
 2     (26)  A gender and other fairness coordinator hired by the
 
 3           judiciary.
 
 4      The director shall determine the applicability of this
 
 5 section to specific positions.
 
 6      Nothing in this section shall be deemed to affect the civil
 
 7 service status of any incumbent as it existed on July 1, 1955."
 
 8      SECTION 2.  New statutory material is underscored.
 
 9      SECTION 3.  This Act shall take effect on July 1, 1999.
 
10 
 
11                           INTRODUCED BY:  _______________________