STAND. COM. REP. NO. 371

 

Honolulu, Hawaii

                  

 

RE:    S.B. No. 957

       S.D. 1

 

 

 

Honorable Shan S. Tsutsui

President of the Senate

Twenty-Sixth State Legislature

Regular Session of 2011

State of Hawaii

 

Sir:

 

     Your Committee on Judiciary and Labor, to which was referred S.B. No. 957 entitled:

 

"A BILL FOR AN ACT RELATING TO FAMILY COURT,"

 

begs leave to report as follows:

 

     The purpose and intent of this measure is to create a Citizen's Family Law Advisory Committee to assist the Judiciary and the Legislature in improving the Family Court.

 

     Your Committee received testimony in support of this measure from AngelGroup and eight individuals.  Your Committee received testimony in opposition to this measure from the Judiciary and Hawaii State Bar Association Family Law Section.

 

     Your Committee finds that significant barriers to justice exist within Hawaii's Family Court system.  Your Committee further finds that a Citizen's Family Law Advisory Committee will provide within the Judiciary an ongoing and necessary means by which Judiciary personnel, Family Court professionals, related service providers, and the public can participate in and provide feedback about the Family Court and family law matters.

 

     Your Committee has heard the concerns regarding the inclusion of a representative on the Citizen's Family Law Advisory Committee who is or was a party in a Family Court action.  Your Committee notes that the Citizen's Family Law Advisory Committee already includes representation from a community layperson.  Accordingly, your Committee believes that it is not necessary to include a representative who is or was a party in a Family Court action.

 

     Your Committee has also heard testimony concerning the enumerated functions of the Citizen's Family Law Advisory Committee and the separation of powers.  Your Committee recognizes that while the Legislature may create advisory committees to advise the Legislature about possible legislative acts and policies, similar committees cannot serve a comparable role within the Judiciary, which decides individual court matters on the basis of evidence and law.

 

     Your Committee also notes that the Citizen's Family Law Advisory Committee would be empowered by this measure to conduct inquiries and studies, review legislation, evaluate alternatives, and make recommendations.  Your Committee understands that there is a possibility that these functions may infringe on the Family Court's constitutionally mandated independence.

 

     Your Committee has amended this measure by:

 

     (1)  Deleting the provision that would have included a representative on the Citizen's Family Law Advisory Committee who is or was a party in a Family Court action;

 

     (2)  Inserting an effective date of July 1, 2050, to allow for further discussion; and

 

     (3)  Making technical, nonsubstantive amendments for the purposes of clarity and consistency.

 

     As affirmed by the record of votes of the members of your Committee on Judiciary and Labor that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 957, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 957, S.D. 1, and be referred to the Committee on Ways and Means.

 


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

 

 

 

____________________________

CLAYTON HEE, Chair