STAND. COM. REP. NO.38

Honolulu, Hawaii

, 2003

RE: S.B. No. 615

 

 

Honorable Robert Bunda

President of the Senate

Twenty-Second State Legislature

Regular Session of 2003

State of Hawaii

Sir:

Your Committee on Judiciary and Hawaiian Affairs, to which was referred S.B. No. 615 entitled:

"A BILL FOR AN ACT RELATING TO SPECIAL ATTORNEYS GENERAL,"

begs leave to report as follows:

The purpose of this measure is to allow the Office of Hawaiian Affairs (OHA) and the Department of Hawaiian Home Lands (DHHL) to each appoint one special deputy attorney general to defend their respective interests against three ongoing court cases, and to make appropriations therefor.

Testimony in support of this measure was received from OHA, DHHL, Ka Lahui Hawaii, and one individual. Testimony in opposition was received from the State Attorney General.

The specific cases involved could determine the future of Hawaiian entitlements and Hawaiian sovereignty. Because of the seriousness and magnitude of these cases, your Committee finds that the outcomes of these cases are a matter of compelling state interest so as to justify representation by separate counsel.

While the quality of legal representation provided by the Attorney General has never been doubted in these cases, there could be times in the course of the litigation where the interests of the State, OHA, and DHHL diverge and each must protect their own respective interests and objectives to fulfill their own unique statutory and constitutional mandate.

As affirmed by the record of votes of the members of your Committee on Judiciary and Hawaiian Affairs that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 615 and recommends that it pass Second Reading and be referred to the Committee on Ways and Means.

Respectfully submitted on behalf of the members of the Committee on Judiciary and Hawaiian Affairs,

____________________________

COLLEEN HANABUSA, Chair