STAND. COM. REP. NO.  1720


Honolulu, Hawaii

                , 2021


RE:   S.B. No. 639

      S.D. 1

      H.D. 1





Honorable Scott K. Saiki

Speaker, House of Representatives

Thirty-First State Legislature

Regular Session of 2021

State of Hawaii




     Your Committee on Judiciary & Hawaiian Affairs, to which was referred S.B. No. 639, S.D. 1, entitled:




begs leave to report as follows:


     The purpose of this measure is to prohibit courts of appeal from affirming, modifying, reversing, or vacating a matter on grounds other than those raised by the parties to the proceeding, unless the parties are provided the opportunity to brief the court.


     Your Committee received testimony in opposition to this measure from the Judiciary.  Your Committee received comments on this measure from the Department of the Attorney General.


     Your Committee finds that this measure will ensure due process during the appeals process and permit parties, rather than the appellate court, to litigate their cases.


     Your Committee has amended this measure by:


     (1)  Amending its purpose section;


     (2)  Requiring a rehearing to be ordered upon timely petition of any party if the court fails to afford the opportunity for the parties to submit supplemental briefing; and


     (3)  Changing the effective date to July 1, 3021, to encourage further discussion.


     As affirmed by the record of votes of the members of your Committee on Judiciary & Hawaiian Affairs that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 639, S.D. 1, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 639, S.D. 1, H.D. 1, and be placed on the calendar for Third Reading.



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