HOUSE OF REPRESENTATIVES

H.C.R. NO.

124

TWENTY-SECOND LEGISLATURE, 2003

 

STATE OF HAWAII

 
   


HOUSE CONCURRENT

RESOLUTION

 

REQUESTING THE CHIEF JUSTICE OF THE hawaii SUPREME COURT TO CONVENE AN AD HOC COMMITTEE TO STUDY THE VIABILITY OF ESTABLISHING AN ENVIRONMENTAL COURT IN THIS STATE.

 

 

WHEREAS, the State of Hawaii has enacted a substantial body of laws to protect its unique environment; and

WHEREAS, prosecuting violators of the State's environmental laws is an integral part of protecting public trust resources; and

WHEREAS, the State of Hawaii maintains distinct courts for tax, land, and family law; and

WHEREAS, environmental courts in other states and countries have focused the court on environmental cases through the establishment of a purposeful court calendar; and

WHEREAS, cases heard in environmental courts receive the attention and expertise necessary to be successfully prosecuted; and

WHEREAS, by separating environmental cases and causing the accused offender to appear before a judge well-versed in environmental law, the violations and judgments will become known and could serve as a deterrent; and

WHEREAS, an environmental court can be established within the existing judicial system without additional costs; and

WHEREAS, the protection of the environment through appropriate judicial action will demonstrate the serious issues these cases pose for the entire State and in the protection of Hawaii's natural and cultural heritage; now, therefore,

BE IT RESOLVED by the House of Representatives of the Twenty-second Legislature of the State of Hawaii, Regular Session of 2003, the Senate concurring, that the Chief Justice of the Hawaii Supreme Court is requested to convene an ad hoc committee to study the viability of establishing an environmental court in the State; and

BE IT FURTHER RESOLVED that the membership of the ad hoc committee shall consist of:

(1) A representative from each of the respective county prosecutor offices;

(2) A representative from the Department of Agriculture;

(3) A representative from the Department of Land and Natural Resources;

(4) A representative from the Department of Health;

(5) A representative from the Attorney General's office;

(6) A representative from the Office of the Public Defender; and

(7) Three members from the general public chosen by the Chief Justice of the Hawaii Supreme Court for their expertise in environmental legal issues;

and

BE IT FURTHER RESOLVED that the ad hoc committee shall:

(1) Study successful environmental court models from other jurisdictions;

(2) Design an environmental court system for the State; and

(3) Submit a report on its findings, recommendations, and proposed legislation establishing an environmental court system in the State;

and

BE IT FURTHER RESOLVED that the report be submitted to the Legislature at least 20 days prior to the convening of the Regular Session of 2004; and

BE IT FURTHER RESOLVED that certified copies of this Concurrent Resolution be transmitted to the Governor, Chief Justice of the Hawaii Supreme Court, Prosecuting Attorney for the Counties of Hawaii, Kauai, and Maui, and the City and County of Honolulu, Chairperson of the Board of Agriculture, Chairperson of the Board of Land and Natural Resources, Director of Health, the Attorney General, and the Public Defender.

 

 

OFFERED BY:

_____________________________

Report Title:

Study on establishing an environmental court