STAND. COM. REP. NO. 2614
RE: S.B. No. 2118
Honorable Ronald D. Kouchi
President of the Senate
Thirtieth State Legislature
Regular Session of 2020
State of Hawaii
Your Committee on Human Services, to which was referred S.B. No. 2118 entitled:
"A BILL FOR AN ACT RELATING TO DISCRETIONARY TRANSFERS TO THE SUPREME COURT,"
begs leave to report as follows:
The purpose and intent of this measure is to allow parties in child custody appeals to request that their appeal be transferred from the Intermediate Court of Appeals directly to the Supreme Court, except in cases brought under the Child Protective Act.
Your Committee received testimony in support of this measure from the Hawaii State Judiciary and Hawaii State Bar Association Appellate Section.
Your Committee finds that the mission of family court is to provide a fair, speedy, economical, and accessible forum for the resolution of matters involving families and children. This measure does not include appeals from family court matters involving the termination of parental rights because the Supreme Court already has an expedited process in place for those cases.
Your Committee also finds that in other child custody matters, litigants presently are required to wait until the Intermediate Court of Appeals (ICA) issues a decision and then file and application for certiorari with the Supreme Court. This measure would allow the Judiciary to offer litigants in child custody appeals the opportunity for expedited resolution by bypassing the ICA and applying for transfer to the Supreme Court.
As affirmed by the record of votes of the members of your Committee on Human Services that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 2118 and recommends that it pass Second Reading and be referred to your Committee on Judiciary.
Respectfully submitted on behalf of the members of the Committee on Human Services,
RUSSELL E. RUDERMAN, Chair