STAND. COM. REP. NO.1517

Honolulu, Hawaii

, 2001

RE: H.B. No. 1004

H.D. 1

S.D. 1

 

 

Honorable Robert Bunda

President of the Senate

Twenty-First State Legislature

Regular Session of 2001

State of Hawaii

Sir:

Your Committee on Judiciary, to which was recommitted H.B. No. 1004, H.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO ORIGINAL JURISDICTION OF THE HAWAII SUPREME COURT,"

begs leave to report as follows:

The purpose of this measure is to transfer from the Supreme Court to the Circuit Court original jurisdiction over contested issues relating to the state budget, the procurement code, the Hawaii Tourism Authority, the Hawaii Community Development Authority, and the Kalaeloa Community Development Authority.

Your Committee heard testimony in support of the measure from the Judiciary.

Your Committee finds that taking evidence is a time-consuming matter for the Judiciary that requires examination and cross-examination of witnesses, examination of documents, and rulings on evidentiary disputes under rules of evidence. As the Supreme Court is a multi-member court, and every decision must be made after consultation among the justices and voting by all members of the court, fact-finding by the Supreme Court is cumbersome, expensive, and unnecessary. The Supreme Court is, in the main, a court that decides and should decide disputed issues of law, not issues of fact. A fact-finding court such as the circuit court should take evidence.

Your Committee has amended this measure by deleting all references to the "first circuit", except for petitions filed by the Director of Finance for an opinion regarding the validity of a financing or related agreement entered into.

As affirmed by the record of votes of the members of your Committee on Judiciary that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 1004, H.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as H.B. No. 1004, H.D. 1, S.D. 1.

Respectfully submitted on behalf of the members of the Committee on Judiciary,

____________________________

BRIAN KANNO, Chair