Hawaii-2018-HCR107-Introduced

WHEREAS, a primary goal of the criminal justice system is to hold offenders accountable and impose punishment where appropriate, while ensuring that they receive the support necessary for their rehabilitation, including substance abuse or mental health treatment, domestic violence intervention, or anger management or parenting classes; and

WHEREAS, congestion in the State's courts and a host of other factors have led to the setting of trial dates that are further into the future, repeated delays in the commencement of trial, and in some cases, eventual dismissal of cases based on the age of the case and resulting violation of the defendant's right to a speedy trial under the federal and state constitutions and Rule 48 of the Hawaii Rules of Penal Procedure; and

WHEREAS, while these issues tend to negatively impact all parties involved, the impacts are especially felt by victims and witnesses in criminal cases, who are often required to appear in court, in person, multiple times before trial has even begun; and

WHEREAS, certain victims of and witnesses to particular types of crimes, including children, the elderly, and survivors of sexual assault and domestic violence, are especially vulnerable with respect to the stress and trauma of having to repeatedly appear in court, only to learn that trial in their case is being delayed yet again; and

WHEREAS, a number of these vulnerable victims and witnesses, having been subjected to repeated delays in the commencement of trial, may: begin to view the court system as an obstacle to their healing as opposed to a venerable institution that serves the interests of justice; become discouraged; be more reluctant to report future crimes; or in some cases, ultimately refuse to comply with a court order to return for trial; and

WHEREAS, a palpable consequence of failing to adequately consider the perspectives and experiences of vulnerable victims and witnesses is the frustration of the criminal justice system's goal of holding offenders accountable, which then intensifies the difficulty of reducing and preventing such crimes as child abuse, elder abuse, sexual assault, and domestic violence; and

WHEREAS, it would therefore be in the State's best interest to minimize the disruption and trauma to vulnerable victims and witnesses in criminal cases that are caused by avoidable delays in the commencement of trials and unnecessary appearances at court prior to trial, without unduly burdening the speedy trial rights and other constitutional rights of defendants; now, therefore,

BE IT RESOLVED by the House of Representatives of the Twenty-ninth Legislature of the State of Hawaii, Regular Session of 2018, the Senate concurring, that the Judiciary is requested to convene a working group to develop and implement protocols for handling criminal cases involving vulnerable victims and witnesses; and

BE IT FURTHER RESOLVED that the working group is requested to consider adjustments to scheduling practices and other procedures by courts, prosecutors, and defense attorneys that would help to reduce the frequency and number of avoidable delays in the commencement of trial and minimize the number of occasions that a vulnerable victim or witness in a criminal case is required to appear in court prior to trial; provided that the constitutional rights of defendants are not unduly burdened; and

BE IT FURTHER RESOLVED that the working group is requested to consist of the following members:

(1) The Chief Justice or the Chief Justice's designee, who is requested to serve as the chairperson of the working group;

(2) A judicial officer from each judicial circuit;

(3) A court administrator from each judicial circuit;

(4) A representative of the Department of the Attorney General;

(5) A member of the House of Representatives, appointed by the Speaker of the House of Representatives;

(6) A member of the Senate, appointed by the President of the Senate;

(7) A representative of the Prosecuting Attorney's Office of each county;

(8) A representative of the Office of the Public Defender for the State of Hawaii;

(9) Four representatives appointed by the Hawaii Association of Criminal Defense Lawyers, including one representative from each county; and

(10) A member of a victim advocacy organization, to be invited by the Chief Justice; and

BE IT FURTHER RESOLVED that no member be made subject to Chapter 84, Hawaii Revised Statutes, solely because of that member's participation as a member of the working group; and

BE IT FURTHER RESOLVED that the Judiciary is requested to provide administrative support to the working group; and

BE IT FURTHER RESOLVED that the working group is requested to submit a report of its findings and recommendations, including any proposed legislation, to the Legislature no later than twenty days prior to the convening of the Regular Session of 2020; and

BE IT FURTHER RESOLVED that certified copies of this Concurrent Resolution be transmitted to the Chief Justice of the Supreme Court of Hawaii, the Administrative Director of the Courts, the Attorney General, the President of the Senate, the Speaker of the House of Representatives, the Prosecuting Attorney of each county, the Public Defender of the State of Hawaii, and the President of the Hawaii Association of Criminal Defense Lawyers.

	OFFERED BY:	_____________________________

Report Title:

Judiciary; Vulnerable Victims and Witnesses; Working Group

HOUSE OF REPRESENTATIVES	H.C.R. NO.	107
TWENTY-NINTH LEGISLATURE, 2018
STATE OF HAWAII