Report Title:

Constitutional Amendment; Justices and Judges

Description:

Amends article VI, section 3, of the state constitution to, among other things, require the appointment of justices, and circuit and district court judges from a 3-nominee list, and to require senate confirmation to renew the term of a justice or judge.

THE SENATE

S.B. NO.

1166

TWENTY-THIRD LEGISLATURE, 2005

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

proposing an amendment to article vi, section 3, of the hawaii constitution, to change the manner of appointment of justices and judges.

 

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

SECTION 1. The purpose of this Act is to propose amendments to Article VI, section 3, of the Constitution of the State of Hawaii to:

(1) Reduce to three the number of nominees presented to the governor for vacancies in the office of chief justice, supreme court, intermediate appellate court, and circuit courts, and to the chief justice for vacancies in the district courts;

(2) Require appointments of judges to the district courts to receive senate confirmation in a manner similar to confirmation given by the senate to other appointments to the various courts of the State; and

(3) Require senate confirmation for the reappointment of justices and judges.

SECTION 2. Article VI, section 3, of the Constitution of the State of Hawaii is amended to read as follows:

"APPOINTMENT OF JUSTICES AND JUDGES

Section 3. The governor, with the consent of the senate, shall fill a vacancy in the office of the chief justice, supreme court, intermediate appellate court, and circuit courts, by appointing a person from a list of not less than [four, and not more than six,] three nominees for the vacancy, presented to the governor by the judicial selection commission.

If the [governor] appointing authority fails to make any appointment within thirty days of presentation, or within ten days of the senate's rejection of any previous appointment, the appointment shall be made by the judicial selection commission from the list with the consent of a majority vote of the senate. If the senate fails to reject any appointment within thirty days thereof, it shall be deemed to have given its consent to such appointment. If the senate shall reject any appointment, the [governor] appointing authority shall make another appointment from the list within ten days thereof. The same appointment and consent procedure shall be followed until a valid appointment has been made, or failing this, the commission shall make the appointment from the list, without senate consent.

The chief justice, with the consent of the senate, shall fill a vacancy in the district courts by appointing a person from a list of not less than [six] three nominees for the vacancy presented by the judicial commission. [If the chief justice fails to make the appointment within thirty days of presentation, or within ten days of the senate's rejection of any previous appointment, the appointment shall be made by the judicial selection commission from the list with the consent of the senate. The senate must hold a public hearing and vote on each appointment within thirty days of any appointment. If the senate fails to do so, the nomination shall be returned to the commission and the commission shall make the appointment from the list without senate consent.] Senate confirmation shall be as provided in the previous paragraph. The chief justice shall appoint per diem district court judges as provided by law.

QUALIFICATIONS FOR APPOINTMENT

Justices and judges shall be residents and citizens of the State and of the United States, and licensed to practice law by the supreme court. A justice of the supreme court, a judge of the intermediate appellate court and a judge of the circuit court shall have been so licensed for a period of not less than ten years preceding nomination. A judge of the district court shall have been so licensed for a period of not less than five years preceding nomination.

No justice or judge [shall], during the term of office, shall engage in the practice of law, or run for or hold any other office or position of profit under the United States, the State or its political subdivisions.

TENURE; COMPENSATION; RETIREMENT

The term of office of justices and judges of the supreme court, intermediate appellate court and circuit courts shall be ten years. Judges of district courts shall hold office for the periods as provided by law. At least six months prior to the expiration of a justice's or judge's term of office, every justice and judge shall petition the judicial selection commission to be retained in office or shall inform the commission of an intention to retire. If the judicial selection commission determines that the justice or judge should be retained in office, the commission, with the consent of the senate, shall renew the term of office of such justice or judge for the period provided by this section or by law[.] by giving notice in writing to the president of the senate of its intention so to do. If within thirty days of the commission's notice to the senate president to retain a justice or judge, the senate fails to reject that retention by majority vote, it shall be considered to have given its consent to the retention.

There shall be a salary commission to review and recommend salaries for justices and judges of all state courts. Justices and judges shall have salaries as provided by law. Their compensation shall not be decreased during their respective terms of office, unless by general law applying to all salaried officers of the State. They shall be retired upon attaining the age of seventy years. They shall be included in any retirement law of the State."

SECTION 3. The question to be printed on the ballot shall be as follows:

"Shall the constitution be amended to change the way in which justices and judges are appointed to require that:

(1) The governor appoint persons to fill vacancies in the supreme court, intermediate appellate court, and circuit courts, and that the chief justice of the supreme court appoint persons to fill vacancies in the district courts from a list of 3 persons presented by the judicial selection commission;

(2) The senate confirm the reappointment of all justices and judges; and

(3) If the chief justice fails to make an appointment of a district court judge within 10 days of a senate rejection of any previous appointment, the judicial selection commission shall make the appointment from the list of 3 nominees with the consent of the senate, and the same procedure shall be followed until a valid appointment has been made, or failing this, the commission shall make the appointment from the list, without senate consent?"

SECTION 4. Constitutional material to be repealed is bracketed and stricken. New constitutional material is underscored.

SECTION 5. This amendment shall take effect upon compliance with article XVII, section 3, of the Constitution of the State of Hawaii.

INTRODUCED BY:

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