Bill Text: HI SR46 | 2018 | Regular Session | Introduced

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Bill Title: Requesting The Judiciary To Assess The Current Appellate Process.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2018-03-14 - Referred to JDC. [SR46 Detail]

Download: Hawaii-2018-SR46-Introduced.html

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THE SENATE	S.R. NO.	46
TWENTY-NINTH LEGISLATURE, 2018
STATE OF HAWAII

SENATE RESOLUTION

 

 

requesting the judiciary to assess the current appellate process.

 

 

     WHEREAS, article VI, section 1 of the Constitution of the State of Hawaii establishes that the judicial branch shall consist of one supreme court, one intermediate appellate court, and circuit and district courts as may be provided for by the Legislature from time to time; and

 

     WHEREAS, chapter 602, Hawaii Revised Statutes, and numerous other provisions of law establish the process by which appeals may be made to the intermediate appellate court and to the supreme court; and

 

     WHEREAS, prior to 2006, the supreme court maintained jurisdiction and authority to hear and determine all questions properly brought before it on any appeal allowed by law from any other court or agency; and

 

     WHEREAS, Act 202, Session Laws of Hawaii 2004 (Act 202), substantially revised numerous statutory provisions including chapter 602, Hawaii Revised Statutes, to take effect on July 1, 2006; and

 

     WHEREAS, Act 202 and subsequently Act 93, Session Laws of Hawaii 2006, established a new process for appellate review of decisions from the lower courts according to which the intermediate court of appeals assumed jurisdiction to directly hear appeals from the district, family, and circuit courts and from any agency as allowed by law, and appeals to the supreme court became subject to application of a writ of certiorari or application for transfer based on certain very limited grounds; and

 

     WHEREAS, the changes to the appellate process first came into effect in 2006 and were set to expire in 2010; however, they were subsequently made permanent by Act 109, Regular Session of 2010; and

 

     WHEREAS, the Legislature is concerned that the current appeals process may be resulting in significant delay in important issues being resolved in a fair and timely manner; now, therefore,

 

     BE IT RESOLVED by the Senate of the Twenty-ninth Legislature of the State of Hawaii, Regular Session of 2018, that the Judiciary is requested to provide to the Legislature a detailed report describing the time period required for disposition of all appellate cases handled by the intermediate court of appeals and the supreme court since the inception of the restructuring of the appellate process in 2006 pursuant to Act 202, Session Laws of Hawaii 2004, Act 93, Session Laws of Hawaii 2006, and any other relevant legislative acts since 2006; and

 

     BE IT FURTHER RESOLVED that the report be delivered to the Legislature no later than twenty days prior to the convening of the Regular Session of 2019; and

 

     BE IT FURTHER RESOLVED that a certified copy of this Resolution be transmitted to the Chief Justice of the Supreme Court of the State of Hawaii.

 

 

 

	OFFERED BY:	_____________________________

Report Title: 

Judiciary; Appellate Process; Assessment