Bill Text: HI HB2140 | 2016 | Regular Session | Introduced
Bill Title: Justices and Judges; Term Renewals; Senate Consent; Judicial Selection Commission; Constitutional Amendment (ConAm)
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2016-01-27 - Referred to JUD, FIN, referral sheet 2 [HB2140 Detail]
Download: Hawaii-2016-HB2140-Introduced.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
2140 |
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TWENTY-EIGHTH LEGISLATURE, 2016 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
Proposing an amendment to article VI, section 3, of the constitution of the state of hawaii to amend the timeframe to renew the term of office of a justice or judge and require consent of the senate for a justice or judge to renew a term of office.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that the Hawaii State Constitution requires every justice or judge to petition the judicial selection commission to be retained in office at least six months prior to the expiration of the justice's or judge's term of office. If the judicial selection commission determines that the justice or judge should be retained in office, the judicial selection commission is authorized pursuant to the Hawaii State Constitution to renew the justice's or judge's term. Thus, unlike the original appointment of a justice or judge, senate consent is not required for a justice's or judge's term renewal.
The purpose of this Act is to propose an amendment to article VI, section 3, of the Constitution of the State of Hawaii to amend the timeframe to renew the term of office of a justice or judge and require consent of the senate for a justice or judge to renew a term of office.
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. If the senate fails to reject any appointment within thirty days thereof, 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. 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 hold a public hearing and vote on each appointment within thirty days of any 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] Between twelve and nine 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] The
judicial selection commission [determines that] shall have six months
to determine if the justice or judge should be retained in office, and
if the petition is approved, the commission shall [renew the term of
office of the justice or judge for the period provided by this section or by
law.] immediately provide written notice to the senate for the senate to
consider consent to renew the term of office of the justice or judge for the
period provided by this section or as provided by law. Within ninety days of
receiving written notice from the commission, the senate shall hold a public
hearing and vote on each petition approved by the judicial selection commission.
If the senate fails to do so, the commission shall renew the office of the
justice or judge for the period provided by this section or as provided by law
without senate consent.
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 timeframe for the renewal of the terms of office for justices and judges be extended from at least six months to between twelve and nine months prior to the expiration of a justice's or judge's term of office and shall the renewal of the terms of office for justices and judges be subject to senate consent, rather than left to the sole discretion of the judicial selection commission?"
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.
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INTRODUCED BY: |
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Report Title:
Justices and Judges; Term Renewals; Senate Consent; Judicial Selection Commission; Constitutional Amendment
Description:
Proposing a constitutional amendment to amend the timeframe to renew the term of office of a justice or judge and require consent of the senate for a justice or judge to renew a term of office.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
