Bill Text: HI SB2149 | 2010 | Regular Session | Amended

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Bill Title: Intermediate Court of Appeals; Subpoenas; Oaths

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Engrossed - Dead) 2010-03-03 - (H) Referred to JUD, referral sheet 33 [SB2149 Detail]

Download: Hawaii-2010-SB2149-Amended.html

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STAND. COM. REP. NO. 2376

 

Honolulu, Hawaii

                  

 

RE:    S.B. No. 2149

 

 

 

Honorable Colleen Hanabusa

President of the Senate

Twenty-Fifth State Legislature

Regular Session of 2010

State of Hawaii

 

Madam:

 

     Your Committee on Judiciary and Government Operations, to which was referred S.B. No. 2149 entitled:

 

"A BILL FOR AN ACT RELATING TO THE INTERMEDIATE APPELLATE COURT,"

 

begs leave to report as follows:

 

     The purpose of this measure is to permanently establish the authority of judges of the Intermediate Court of Appeals (ICA) to subpoena witnesses, compel production of evidence, and administer oaths.

 

     Testimony in support of this measure was submitted by the Judiciary.  Written testimony presented to your Committee may be reviewed on the Legislature's website.

 

     Your Committee finds that Act 148, Session Laws of Hawaii 2008, which is due to be repealed on June 30, 2010, granted the ICA judges the express statutory authority to subpoena and compel the attendance of witnesses, to compel the production of books, papers, documents, or tangible things, and to administer oaths.  Notwithstanding the impending repeal of these powers, some statutes that provide for direct appeals to the ICA permit the ICA to receive or require new evidence on appeal, which may require these powers to be exercised by the ICA judges during the course of the proceedings.  Accordingly, your Committee finds it important for ICA judges to continue to have clear authority to exercise these powers in order to fully carry out all of their responsibilities.

 

     As affirmed by the record of votes of the members of your Committee on Judiciary and Government Operations that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 2149 and recommends that it pass Second Reading and be placed on the calendar for Third Reading.

 

Respectfully submitted on behalf of the members of the Committee on Judiciary and Government Operations,

 

		____________________________ BRIAN T. TANIGUCHI, Chair