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THE SENATE |
S.B. NO. |
680 |
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TWENTY-SIXTH LEGISLATURE, 2011 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to judges.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 601-7, Hawaii Revised Statutes, is amended to read as follows:
"§601-7 Disqualification of judge; [relationship,
pecuniary interest, previous judgment, bias or prejudice.] grounds;
peremptory challenge; procedure. (a) No person shall sit as a judge
in any case in which:
(1) The judge's relative by affinity or consanguinity within the third degree is counsel, or interested either as a plaintiff or defendant, or in the issue of which the judge has, either directly or through such relative, a more than de minimis pecuniary interest; or
(2) The judge has been of counsel or on an appeal from any decision or judgment rendered by the judge;
provided that no interests held by mutual or common funds, the investment or divestment of which are not subject to the direction of the judge, shall be considered pecuniary interests for purposes of this section; and after full disclosure on the record, parties may waive disqualification due to any pecuniary interest.
(b) [Whenever a] A party to any
suit, action, or proceeding, civil or criminal, [makes and files an affidavit
that] may file a motion to disqualify the judge before whom the [action
or proceeding] case is to be tried or heard on the ground that
the judge has a personal bias or prejudice either against the party or in
favor of any opposite party [to the suit, the judge shall be disqualified
from proceeding therein.] or on other grounds for disqualification under
the Hawaii Revised Code of Judicial Conduct. Every [such] motion
shall be supported by an affidavit [shall state] stating the
facts and the reasons for the belief that bias or prejudice exists [and]
or that the judge should be disqualified under the Hawaii Revised Code of
Judicial Conduct. The motion shall be promptly heard and determined by a judge
other than the judge the motion seeks to disqualify, and no other proceedings
shall be conducted in the case that is the object of the motion until an order
disposing of the motion has been entered. If the motion is granted, the
disqualification shall become effective upon entry of the order, and the disqualified
judge shall take no further action in the case that is the object of the motion
thereafter.
(c) A party to any suit, action, or
proceeding, civil or criminal, may file a notice of peremptory challenge and
disqualify a judge before whom a case is to be tried or heard. The notice need
not be supported by facts necessary to establish grounds for disqualification
pursuant to subsection (b), and no inference shall be drawn from filing the
notice that such grounds exist. Notice of peremptory challenge of a judge shall
be filed before the [trial or hearing of the action or proceeding,] judge
begins hearing a dispositive motion or taking evidence at trial in a case, or
good cause shall be shown for the failure to file it [within such] by
that time. The notice shall become effective upon filing or, if not
filed before a judge begins hearing a dispositive motion or taking evidence at
trial, at another time fixed by the court upon a finding of good cause for
failure to do so. The disqualified judge shall take no further action in the
case thereafter. No party shall be entitled in any case to file more than
one [affidavit; and no affidavit] notice of peremptory challenge, and
no notice shall be filed unless accompanied by a certificate of counsel of
record that the [affidavit is made] notice is filed in good faith[.]
and not for purposes of delay.
(d) Any judge may [disqualify
oneself] be recused by filing a certificate with the clerk of
the court of which the judge is a judge [a certificate], that states
that the judge [deems oneself] is unable for any reason to
preside with absolute impartiality in the pending suit or action."
SECTION 2. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 3. This Act shall take effect upon its approval.
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INTRODUCED BY: |
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Report Title:
Judges; Disqualification
Description:
Clarifies that a judge may be disqualified for cause by motion that must be decided by a different judge. Establishes procedure to permit one peremptory challenge of a judge prior to hearing of a dispositive motion or commencement of trial.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.