Hawaii-2016-SB2498-Introduced

SECTION 1. The legislature finds that in 2012, two days after the constitutionally mandated thirty-day time period expired, the senate received the governor's appointment to fill a vacancy on the supreme court bench. However, the governor and attorney general deemed the appointment to be valid because notification of the appointment was provided at a news conference five days earlier, which was within the thirty-day period constitutionally provided to the governor to make such judicial appointment.

The attorney general opined that the news conference met constitutional deadlines because it was an open and unequivocal act. Furthermore, the constitution does not specify that written notice to the senate be given when the appointment is made or that written notice be provided in conjunction with the appointment. As a result, the senate's constitutionally mandated thirty-day period to reject the judicial appointment started at the date of the news conference and not when the senate received the governor's appointment.

The purpose of this Act is to propose an amendment to article VI, section 3, of the Constitution of the State of Hawaii to clarify the responsibilities and procedures for judicial appointments.

SECTION 2. Article VI, section 3, of the Constitution of the State of Hawaii is amended to read as follows:

"APPOINTMENT OF JUSTICES AND JUDGES

Section 3. The governor, with the consent of the senate, shall fill a vacancy in the office of the chief justice, supreme court, intermediate appellate court and circuit courts, by appointing a person from a list of not less than four, and not more than six, nominees for the vacancy, presented to the governor by the judicial selection commission.

If the governor fails to make any appointment within thirty days of presentation, or within ten days of the senate's rejection of any previous appointment, the appointment shall be made by the judicial selection commission from the list with the consent of the senate. The senate shall receive written notice of the governor's or judicial selection commission's appointment concurrently with the appointment. If the senate fails to reject any appointment within thirty days [~~thereof,~~] of the senate's receipt of written notice of the governor's or judicial selection commission's appointment, it shall be deemed to have given its consent to such appointment. If the senate shall reject any appointment, the governor shall make another appointment from the list within ten days thereof[.] and provide concurrent written notice to the senate. The same appointment and consent procedure shall be followed until a valid appointment has been made, or failing this, the commission shall make the appointment from the list, without senate consent.

The chief justice, with the consent of the senate, shall fill a vacancy in the district courts by appointing a person from a list of not less than six nominees for the vacancy presented by the judicial selection commission. If the chief justice fails to make the appointment within thirty days of presentation, or within ten days of the senate's rejection of any previous appointment, the appointment shall be made by the judicial selection commission from the list with the consent of the senate. The senate shall receive written notice of the chief justice's or judicial selection commission's appointment concurrently with the appointment. The senate shall hold a public hearing and vote on each appointment within thirty days of [~~any appointment.~~] the senate's receipt of written notice of the appointment. If the senate fails to do so, the nomination shall be returned to the commission and the commission shall make the appointment from the list without senate consent. The chief justice shall appoint per diem district court judges as provided by law.

The judicial selection commission shall disclose to the public the list of nominees for each vacancy concurrently with the presentation of each list to the governor or the chief justice, as applicable.

QUALIFICATIONS FOR APPOINTMENT

Justices and judges shall be residents and citizens of the State and of the United States, and licensed to practice law by the supreme court. A justice of the supreme court, a judge of the intermediate appellate court and a judge of the circuit court shall have been so licensed for a period of not less than ten years preceding nomination. A judge of the district court shall have been so licensed for a period of not less than five years preceding nomination.

No justice or judge shall, during the term of office, engage in the practice of law, or run for or hold any other office or position of profit under the United States, the State or its political subdivisions.

TENURE; RETIREMENT

The term of office of justices and judges of the supreme court, intermediate appellate court and circuit courts shall be ten years. Judges of district courts shall hold office for the periods as provided by law. At least six months prior to the expiration of a justice's or judge's term of office, every justice and judge shall petition the judicial selection commission to be retained in office or shall inform the commission of an intention to retire. If the judicial selection commission determines that the justice or judge should be retained in office, the commission shall renew the term of office of the justice or judge for the period provided by this section or by law.

Justices and judges shall be retired upon attaining the age of seventy years. They shall be included in any retirement law of the State."

SECTION 3. The question to be printed on the ballot shall be as follows:

"Shall the senate receive written notice of the governor's, the chief justice's, or the judicial selection commission's appointment, as applicable, concurrently with the appointment and have thirty days from receipt of the written notice, to reject an appointment to the office of chief justice, supreme court, intermediate appellate court, circuit courts, and to consent to an appointment to fill a vacancy in the district courts?"

SECTION 4. Constitutional material to be repealed is bracketed and stricken. New constitutional material is underscored.

SECTION 5. This amendment shall take effect upon compliance with article XVII, section 3, of the Constitution of the State of Hawaii.

INTRODUCED BY:	_____________________________

THE SENATE	S.B. NO.	2498
TWENTY-EIGHTH LEGISLATURE, 2016
STATE OF HAWAII