Report Title:

Urging the Judicial Selection Commission to adopt rules terminating the term of any commission member who commits acts of dishonesty.

THE SENATE

S.R. NO.

78

TWENTY-FIRST LEGISLATURE, 2001

 

STATE OF HAWAII

 
   


SENATE RESOLUTION

 

URGING THE JUDICIAL SELECTION COMMISSION TO ADOPT RULES TERMINATING THE TERM OF ANY COMMISSION MEMBER WHO COMMITS AN ACT OF DISHONESTY.

 

WHEREAS, Article VI, section 4 of the Constitution of the State of Hawaii provides for the appointment and composition of the membership of the judicial selection commission; and

WHEREAS, the preamble to the rules of the judicial selection commission provides, "Judicial selection commissioners hold positions of public trust and shall conduct themselves in a manner which reflects credit upon the judicial selection process"; and

WHEREAS, Article VI, section 4 of the Constitution of the State of Hawaii further provides that the commission shall promulgate rules which shall have the force and effect of law; and

WHEREAS, neither the Hawaii constitution, state law or the rules of the judicial selection commission provide for the removal, resignation, or termination of any commissioner who acts dishonestly, or fraudulently; and

WHEREAS, acts of fraud or dishonesty by any commissioner jeopardize the integrity of the commission and discredit the judicial selection process; and

WHEREAS, even the appearance of impropriety on the part of a commissioner is enough to cast serious doubt upon the judicial selection process; and

WHEREAS, any commissioner who commits acts of fraud or dishonesty is unfit to serve as a commissioner or participate in the judicial selection process; now, therefore,

BE IT RESOLVED by the Senate of the Twenty-First Legislature of the State of Hawaii, Regular Session of 2001, that the judicial selection commission is requested to adopt rules providing for the immediate removal, resignation, or termination of any commissioner who commits acts of dishonesty or fraud; and

BE IT FURTHER RESOLVED that the judicial selection commission is also requested to adopt rules providing for the immediate, but temporary, removal or suspension of a commissioner whose conduct gives rise to an appearance of impropriety, until such impropriety has been satisfactorily resolved; and

BE IT FURTHER RESOLVED that a certified copy of this Resolution be transmitted to each member of the judicial selection commission.

 

 

OFFERED BY:

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