Report Title:

Judicial Selection Commission; Budget Appropriation

 

Description:

Makes an appropriation to the judicial selection commission for its operating budget.  Authorizes one full-time position for the judicial selection commission.

 


THE SENATE

S.B. NO.

2450

TWENTY-FOURTH LEGISLATURE, 2008

 

STATE OF HAWAII

 

 

 

 

 

A BILL FOR AN ACT

 

 

Making an appropriation to the judicial selection commission.

 

 

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

 


     SECTION 1.  The judicial selection commission reviews and evaluates applicants for all judicial vacancies, selects the qualified nominees, and then forwards the names of the nominees to the appropriate appointing authority.  The judicial selection commission is an independent, constitutionally-created entity and, pursuant to article VI, section 4 of the Constitution of the State of Hawaii, is attached to the judiciary branch for administrative support only.

     While article VI, section 4 of the Constitution of the State of Hawaii requires that the legislature "provide for the staff and operating expenses of the judicial selection commission in a separate budget," the judicial selection commission, in prior years, has not presented its own budget request to the legislature.  Funding for the judicial selection commission has generally been included as part of the judiciary's budget.

     For example, in fiscal years 2007-2008 and 2008-2009, the judicial selection commission's operations were funded by the Judiciary Appropriations Act of 2007, Act 169, Session Laws of Hawaii 2007 (Act 169).  As part of the appropriations made in section 3 of Act 169, in JUD601 – ADMINISTRATION, the judicial selection commission received a general fund appropriation of $94,283 for fiscal year 2007-2008, and a general fund appropriation of $94,283 for fiscal year 2008-2009.

     The attorney general has advised the judicial selection commission that as article VI, section 4 of the Constitution of the State of Hawaii literally provides that the judicial selection commission should prepare and submit its own budget request to the legislature so that the judicial selection commission's budget appropriations are independent of the judiciary's budget appropriations.

     The purpose of this Act is to appropriate funds for the judicial selection commission's operations for fiscal year 2008-2009.

     SECTION 2.  There is appropriated out of the general revenues of the State of Hawaii the sum of $94,283 or so much thereof as may be necessary for fiscal year 2008-2009 for the staffing and operation of the judicial selection commission.  One position at 1.0 FTE is authorized for the judicial selection commission for fiscal year 2008-2009; provided that this position may be filled without regard to chapters 76 and 89, Hawaii Revised Statutes, and shall serve at the pleasure of the commission.

     The sum appropriated shall be expended by the judicial selection commission for the purposes of this Act.

     SECTION 3.  This Act shall take effect on July 1, 2008.

 

INTRODUCED BY:

_____________________________