REPORT TITLE:
Judicial Selection/Salary


DESCRIPTION:
Requires Judicial Selection Commission to establish and report to
the Legislature clear criteria for the selection of judges.  Also
requires Commission to establish and report on a proposal to
establish a merit pay system for judges.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                             
THE SENATE                              S.B. NO.           1634
TWENTIETH LEGISLATURE, 1999                                     
STATE OF HAWAII                                                 
                                                             
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                   A  BILL  FOR  AN  ACT

RELATING TO THE SELECTION AND COMPENSATION OF JUDGES.



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

 1      SECTION 1.  The legislature finds that under Article VI,
 
 2 section 3, of the Constitution of the State of Hawaii, the
 
 3 qualifications necessary for appointment to become a judge or
 
 4 justice of the State are that the appointee be a resident and
 
 5 citizen of the State and of the United States and be licensed to
 
 6 practice law by the supreme court.  If an appointee is appointed
 
 7 to fill a vacancy as a justice of the supreme court, a judge of
 
 8 the intermediate appellate court and a judge of the circuit
 
 9 court, the appointee must be licensed for a period of not less
 
10 than ten years preceding nomination.  A prospective judge of the
 
11 district court must be licensed for a period of not less than
 
12 five years preceding nomination.
 
13      Additional constitutional requirements are that the justice
 
14 or judge refrain during the term of office, from engaging in the
 
15 practice of law, or run for or hold any other office or position
 
16 of profit under the United States, the State, or its political
 
17 subdivisions.
 
18      The legislature further finds that aside from these
 
19 relatively general qualifications, no other criteria exists for
 

 
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 1 the public and the judicial selection commission to determine
 
 2 whether an applicant for a judicial seat is qualified for the
 
 3 position.
 
 4      The legislature also finds that Hawaii is the only state in
 
 5 the nation that has not provided its judges with a pay raise in
 
 6 the past nine years.  The legislature believes that to ensure
 
 7 that the citizens of the State receive the highest quality of
 
 8 justice, the acquisition and retention of the most qualified
 
 9 applicants for judicial appointments is imperative to that
 
10 objective.  Hence, the State must make a commitment to carefully
 
11 selecting and fairly compensating judges and justices.
 
12      The purpose of this Act is to establish clear criteria for
 
13 the appointment and compensation for judges and justices of the
 
14 State of Hawaii.
 
15      SECTION 2.  The judicial selection commission shall
 
16 establish written criteria by which it assesses the
 
17 qualifications of judicial applicants.  If no other criteria
 
18 exists other than those listed in Article VI, section 3, of the
 
19 Constitution of the State of Hawaii, then the judicial selection
 
20 commission shall:
 
21      (1)  Consult the Hawaii State Bar Association for
 
22           recommendations on selection criteria; and
 
23      (2)  Hold public hearings on any recommended criteria and
 

 
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 1           receive public input on the matter.
 
 2      The judicial selection commission shall report its findings,
 
 3 recommendations, and any draft legislation to the legislature not
 
 4 later than twenty days prior to the convening of the 2000 regular
 
 5 session.
 
 6      SECTION 3.  The judicial salary commission shall investigate
 
 7 the option of providing judges and justices with merit pay
 
 8 incentives.  The judicial salary commission shall:
 
 9      (1)  Consult the Hawaii State Bar Association for
 
10           recommendations on compensation options; and
 
11      (2)  Hold public hearings on any recommended compensation
 
12           options and receive public input on the matter.
 
13      The judicial salary commission shall report its findings,
 
14 recommendations, and any draft legislation to the legislature not
 
15 later than twenty days prior to the convening of the 2000 regular
 
16 session.
 
17      SECTION 4.  There is appropriated out of the general
 
18 revenues of the State of Hawaii the sum of $         , or so much
 
19 thereof as may be necessary for fiscal year 1999-2000, for the
 
20 purpose stated in section 2.
 
21      SECTION 5.  There is appropriated out of the general
 
22 revenues of the State of Hawaii the sum of $         , or so much
 
23 thereof as may be necessary for fiscal year 1999-2000, for the
 

 
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 1 purpose stated in section 3.
 
 2      SECTION 6.  The sums appropriated in this Act shall be
 
 3 expended by the judiciary for the purposes of this Act.
 
 4      SECTION 7.  This Act shall take effect upon its approval.
 
 5 
 
 6                           INTRODUCED BY:  _______________________