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i 5 The Judiciary ~ State of Hawaii Annu~l Report~) ~/ " " f"'"'' July 1, 19~(jj.oJune30, 1987 ••<:, ••:<.>,
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U.S. Department of Justice 109520 National Institute of Justice This document has been reproduced exactly as received from the person or organization originating it. Points of view or opinions stated in this document are those of the authors and do not necessarily represent the official position or policies of the National Institute of Justice.
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Hawaii's Administrative '0 Organizational Cbart ,_, d "
n , " Chief Justice Supreme Court
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Intermediate Chief Clerk r--- Court Supreme Court of Appeals
J Circuit Courts State Firsl Judicial Circuit 17 Divisions Law Library I--- I-- Second Judicial Circuit 3 Divisions System Third Judicial Circuit 3 Divisions Office of the Fifth Judicial Circuit I Division Administrative Director - of the Courts I-- Director
The Administrative Land Court Director Services r--- r-- Statewide Program
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Driver Tax Court Education r-- r--- Statewide Program
G Deputy Director
District Courts First Judicial Circuit 14 Divisions State I..,-- I-- Second Judicial Circuit 3 Divisions Sheriff Third Judicial Circuit 3 Divisions Fifth Judicial Circuit 2 Divisions
Traffic Violations I-- Bureau
Appointed Boards, Councils aud Commissions attached to the Judiciary
Judicial Selection Board of Commission on Disciplinary Board Judicial Council Commission Examiners Judicial Discipline of the Supreme Court Serves as an Makes recommendations Administers Investigates Investigates advisory body to for judgeships and examinations for complaints complaints the Judiciary. reappoints judges. admission to the against judges. against attorneys. Hawaii State Bar.
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Hawaii's Judicial Organizational Chart
Supreme Court
Intermediate Court of Appeals -
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Tax Court Land Court
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District Courts Circuit Courts
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Family Court A Division of Circuit Courts
Hawaii's judicial system is organized into The Family Courts, established to deal two Jevels. The appellate level consists of exclusively with children and families, the Supreme Court and the Intermediate form II separate division of Court of Appeal~ (JCA). The trial level the Circuit Courts. consists of the Circuit Courts, the Family The District Courts are non-jury trial, Courts (a division of the Circuit Courts), courts with limited jurisdiction in civil the Oistrict Courts, and two specialized and criminal matters. District Courts have courts: the Land Court, which deals exclusive jurisdiction in petty and criminal primarily with registration oftitIe'for misdemeanors, traffic vioiations, and c fee simple land and easements; the Thx normally, civil cases involving sums of Appeal Court, whlch handles disputes less than $5,000. between the tax assessor and taxpayer. Direct lines of appeal extend to the' CIrcuit and District Courts share Supreme Court from all trial level courts. concurrent jurisdiction in civil matters , An assignment judge, appointed by the where the cOntested amount involves Chief Justice from among those who sit $5,000-$10,000. on the Supreme Court and the ICA bench, decides whether the Supreme Court or the ICA will review an appeal. The Circuit Court$ are courts of general jurisdiction in civil and criminal matters. Circuit Courts have exclusive jurisdiction in criminal felony cases, probate and guardianship cases, and civil cases involving sums of more than $10,000. All jury trials are held in Circuit Courts. -
About the cover: During the renovation of historic Ali'iolani Hale, a workman installs continuous copper flashing on the slate roofing of the building to prevent water leakage onto a newly installed air-conditioning system. In the past year, the Hawaii State Judiciary has undertaken the initial steps in the rebuilding of its organizational structure, with th~ intention of preserving the spirit of the past while moving firmly and decisively into the future. I a CJSZO
11lble of Contents
Executive Summary, Chief Justice Herman Lurn 2
Accomplishments, Fiscal Year 1986-87 4
" Alternative Dispute Resolution 6
• Renovation of Ali 'iolani Hale 8
• Research and Study for Renewal 10
The Judiciary 12
The Courts 22
Courts of Appeal 24
• The Supreme Court 25
.. The Intermediate Court of Appeals 25
Trial Courts 26
• Circuit Courts 28
.. Family Courts, a Division of the Circuit Courts 30 o District Courts 32
.. Specialized Courts: Land Court and Tax Appeal Court 33
The Support Services 34
Boards, Councils and Commissions 44
Court Financial Resources 50
i, - E __ ILL
Executive Summary
To the Honorable Members of the On-going programs did not go Fourteenth Legislature and the unnoticed. Each was examined in Public the context of viability and contin ued relevance to the survival of the I am pleased and privileged to trans Judiciary. For example, regarding mit herewith the Annual Report of the Alternative Dispute Resolution thE Hawaii State Judiciary, Fiscal Program, we began to decide Year 1986-1987 to you, the Mem whether or not its value warrants our bers of the XIVth Hawaii State total, pivotal resolution. Conse Legislature, 1988 Session and the quently, the Judiciary continued to People of Hawaii Nei. nurture the Alternative Dispute As I reflected on the twelve Resolution Program so that its montps covered by this Annual successes in problem 30lving Report, I recalled certain senti naturally evolved outward. Hence, ments I expressed to the Hawaii the Center for International State Bar Association-that Fiscal Commercial Dispute Resolution Year 1986-87 had been an impor (CICDR) was formed, an tant year for the courts, one of re organization established to address form and rebuilding, of intensive international commercial and trade and thoughtful planning and team disputes and to further Hawaii's building, and of laying a foundation own regional opportunities by to take us into the 1990s and be providing such services. yond. At the same time, the year was This year, we opted to form a distinguished by considerable pro Task Force to evaluate the Capital gress made without fanfare. In fact, Improvement needs of the Judiciary we addressed problems with dedi in terms of immediate, intermedi cation and skillfully managed their ate, and long-term perspectives. Al resolution; perhaps an applicable though time-consuming, we felt this commentary is that we sustained approach would provide a blueprint a record of quiet but solid achieve to help us answer questions regard ment. ing what the courtrooms of the Throughout fiscal year 1986-87, future should look like; whether we continued to consider new ideas, they should be fixed or mobile; and approaches, technologies and how technological changes will af processes which would enable the fect the cost as well as the concept judiciary to effectively serve a of court facility for adjudicatory multi-faceted society. We also purposes. assessed existing Judiciary pro Simultaneously, we are very grams to ascertain and determine pleased with the steady pace in the their relevance to the contemporary renovation of Ali'iolani Hale. Phase realities as well as their potential re I is expected to be completed before sponse to future change. This, in the end of January 1988 with Phase turn, manifested the starting of a se II and Ill's anticipated completion ries of studies wherein we examine in 1989. It seems significant that the our organization, structure, pro grams and processes as well as a strategic plan. 2 principal building of the Hawaii cisms which can affect morale and State Judiciary, i.e. Ali'iolani Hale, e The District Court of Honolulu productivity, but llave continued to is being renovated as the Judiciary has initiated an experiment in the perform with diligence. goes through an organizational re use of night court as a public service In closing, we seek a steady, building and operational reforms. to handle traffic violation strong Judiciary to serve the people Interestingly, our plans call for arraignments and pleas. The first of Hawaii now and through the 21st major operational changes to be in rural night court session has been Century. We intend it to be pro place by 1989-at the same time started at the Kaneohe District grammatically and operationally that Ali'iolani Hale completes its Court. solid so that the Judiciary is fully final stages of renovation. You will Q Despite and perhaps partially due responsive to the public as an notice that the pictorial motif of to the excessive workloads being adjudicatory institution which the renovation and renewal of experienced by the Family Court, metes out justice with integrity Ali'iolani Hale throughout this there have been efforts to manage and compassion; which inspires document parallels the reform and relatively easy legal activities such confidence and trust; and pursues rebuilding thrust of the Judiciary in as the uncontested divorce case. excellence throughout. fiscal year 1986-87. Hence night court has been This annual report tells the story Briefly, here is a litany of some established. Further, the Family of the preparatory work in terms of areas in the Judiciary where we feel Court is looking at what can be reforms and rebuilding. But it also progress has happened: done to expedite uncontested affirms that the Judiciary continues • The Sheriff's Office now enjoys divorces so that they can be awarded to be an institution of integrity, stability and direction. Their reloca by petition only. competence, compassion and vision. Further, we are not adrift in tion for administrative purposes is The described activities and pro still pending legislative action. a sea of uncertainty; we are not grams indicate some of the areas simply bobbing in the wind. We Moreover, its operation under Sher where the Judiciary has experienced iff Klattenhoff is much improved. are committed to this course of progress and refinements-again self-improvement; to seeing our underscoring that this has been a o The Driver Education Program selves for what we will be. continues to furnish the Judiciary year of quiet but solid achievement. Therefore, I am pleased to for with a positive initial contact point Progress alld accomplishment exist ward you this report. May it serve with the citizen. in other parts of the judiciary. Many our common cause, namely, the more examples are enumerated in • The examination of how to development of a truly responsive, the contents of this document. sensitive and responsible Judiciary. energize and efficiently manage the I would like to personally and flow of workload with the Traffic publicly thank those members of Sincerely and respectfully yours, Violations Bureau (TVB) is com the private sector who give count pleted. The study done by Professor less hours on task forces, commis Addison Bowman of the William sions, and committees; the people Richardson School of Law, Univer who volunteer their time to organize sity of Hawaii has been completed. conferences, lead court tours, offer Herman T. F. Lum Its context is being reviewed by technical assistance; the dedicated Hawaii Chief Justice principals involved in the process citizens who provide the myriad of December 31,1987 ing of traffic violations for in-kind contributions we at the Judi subsequent decision-making as to ciary receive daily. Furthermore, I legislation required; and, what can personally thank and extend my be done administratively. aloha to the Judiciary work force. They have experienced, at their jobs and in their leisure time, the criti- 3 - mn .,--.
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,~: ~: ~_ '_ • ,~. ,,;: '... ~ .~', ~ •• • • f '." ' , • ~ Accomplishments: Fiscal Year 1986-87 51)H~\SI
, J Every day, the courts are asked to take arbitration and other methods of re on a greater burden. Caseloads con solving disputes within the legal sys tinue to grow and the issues become tem. more complicated, yet the human and This program's successes-to-date technological resources presently seem underscore the Judiciary's commitment to remain, at best, the same. This to developing and further expanding situation prompted the creation of ADR as one of its highest strategic pri the Program on Alternative Dispute orities. It is clear that merely construct Resolution (ADR) in February 1985. ing more courtrooms and hiring more A long-term research, planning and judges to handle the ever-increasing program development effort funded by caseload is not the answer, when the to the Hawaii State Judiciary ai,d a grant tal attendant cost for each new Circuit from the National Institute for Dispute Court judge is between $50,000 and Resolution, the Program on ADR has $500,000. explored new avenues of mediation, The original intent of ADR has been
During 1987. mediators from the Public Disputes Project (PDP) convened settlement discussions involving lawsuits filed by the State of Hawaii against private contractors and designers of the Aloha Stadium. With $40 million at issue. PDP provided neutral assessment and mediation ,ervices for these proceedings.
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During fbcul }car 1986-87. t()rthe re",IUlion ,)1' a working (,Ollllllitte~ met internatillllal commercial rt'glllari} to organ iN and and othef disputes. the t"tahli,h the C','nkr I'll center will he guidt:d in Intemari(1llal Commercial policy and direction by a Di'putc'R.::so!uti,'n Board of Govl'm"rs. with {CIC'J)RI. Cf\!atedto former Hawaii Governor provide Hawaii with a George Ariyoshi as neutral international fadIity president.
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met so that a cost savings exists and meeting ground for international trade affect public environmental and fiscal ensues to the participating litigants and and commerce to provide negotiation resources. C the pUblic; thus far, 44 k of the cases in and arbitration for companies in Since 1980, Hawaii's Family Courts arbitration have been settled. But ADR dispute. have championed the experimental use has expanded considerably its utility to Another innovation has been the of mediation for various kinds of family further benefit the 50th State. In FY Public Disputes Project, which makes disputes including custody, visitation, 1986-87, the Judiciary provided the available a highly qualified panel of and juvenile problems. On January 1, assistance which resulted in the forma court-approved mediators who are 1987, the Family Court of the First tion of the Center for International experienced in handling multi-party, Circuit adopted the Presumptive Medi Commercial Dispute Resolution multi-issue cases. The project was ation rule, which requires all divorcing (CICDR). A non-profit organization. created to address the problems couples to attempt a mediated settle its purpose is to serve as the organiza encountered in complex civil litigation ment of their case within 75 days after tion through which Hawaii can advance involving the allocation, use and the time of filing for divorce. To re its role in international commerce and regulation of public resources. spond to the need for access to family trade through the availability of alterna Potential disputes could focus on site mediators due to this rule, the Program tive dispute resolution to international specific matters such as the construc on ADR published The Directory of disputants, especially within the Pacific tion of bridges. highways, or other pub Family Mediators. containing listings Rim region. Through CICDR, the Judi lic facilities: others could involve local for 35 mediators who specialize In ciary may enhance Hawaii's future as a or regional policy questions that may family and divorce disputes. 7 w = ...
Accomplishment~
~ew ,lr(hit~ctural rr~-(a,r Phase 1 of the restoration of AWiolani of King Kamehameha V, for whom the raill!l~!~ v,,'.:rc in')talh:d [0 Hale, which houses the Supreme Court, building was later named. With the con march tht: t:'\iqin~ f,~iJirg..; the Administrative Director Services struction of this building, the barracks "I ,""II'lillam Hak. and a Ltl'<>rt:!' add, ,,\~ 1<: fini,hin" Offices and the Supreme Court Law li and the post office, the King hoped to ~nt1dl::\ illl ~! h:.ilu..,tr~Hk dtop brary, began in November 1986. Work show other nations that Hawaii was a tbe' ,lld iJuildm;;, Tilrnurh· centered on the 1940's addition, with stable, independent kingdom. out th~" ti"L'ai :~1 .. ar. the the renovation of the first and second The edifice then known as the New ll.?nl.!'·ath!n lli ,-\li"lobni floor interiors of the makai portion, and Government Building was completed in Hdk l:~!~Til>d on .it a "'!'.?~td: the building of the hip roof of the top of 1874, seven years before Iolani Palace, 1'"",:: PlEbe Ii, L"lk'Ctc'd li\ bL' L·"mpkkd hdi \1'" Ih~ L'I1J the building. A rotunda was added in and housed the courts and parliament of ,.f January l'iXX \\ ith Ph,,,,, the makai portion in alignment to the the executive department. Given its il ,mel Ill', auticipate"! one in the mauka portion to allow for present name by King Kalakaua, ,..>,)!npk!toll in 19x9, eventual connection on the second floor Ali'iolani Hale was also used in the level. An elevator has been installed at evenings for official receptions and the makai entrance, with another dances. planned for the mauka side, to allow for An important chapter in the history access to the handicapped, and more of modern Hawaii was staged here on space and mezzanines have been added January 17, 1893, when the Committee to the Law Library. of Safety marched on the bUilding. Or Ali'iolani Hale, "the House of Heav ganized to overthrow the monarchy, the enly Kings," boasts a colorful history. group delivered a proclamation on the Ground was broken for this historic steps of Ali' iolani Hale deposing 8 structure on Feb. 19, 1872, in the reign Queen Liliuokalani and establishing a provisional government until terms of ,,..,.-----.. -. -.~-~~--,..-:--- I annexation were negotiated with the United States. The following year, a Constitutional Convention was con vened in the Supreme Court Room, and by 1898, Hawaii was annexed to the United States. In 1974, Ali'iolani Hale celebrated its 100th birthday by being placed in the National Register of Historic Places. Hawaii's judicial history will be inter preted in film exhibits and publications at the proposed Judiciary History Cen ter, which will be located on the ground floor of the building. Its construction began along with the Phase 1 renova tion plans, and is presently scheduled to open in Summer 1989 to coincide with the national meeting of the Ameri can Bar Association here in Honolulu. The History Center will be a permanent educational institution that will re search, collect, and preserve infor mation and objects relating to Hawaii's judicial past. Efforts for this project began in 1983, when Chief Justice Herman Lum appointed the board for the Friends of the Judiciary History Center. Headed by retired Chief Justice William S. Richardson, the Friends organization reviews plans for the History Center and the renovation of Ali'iolani Hale. In 1987, the Friends of the Judiciary History Center became a public non-profit organization with a public membership.
A copper ridge cap is been matched to the roofing in~tallcd on the new slate of the original building as it roof to prevent water looked in 187"+. The clock !t~akage onto air conditioning visible in the background and plumbing equipm.:nt. was added later that same Thi, ,late roof protecting year. at ac:ost of $400. mechanical equipment has
9 Accomplishment:
\\(lrkmen haul a metal stairv:ay fixture into the n~wiy-rcmodeled Suprl'me Court Law Librar~; two menanine le\d, ",ere later added to ac(o!lltllodatc the Lifg~ \olumc of hook, and perimlic: ak During the last theal y.:ar. the Ta,k Fom: .. 'In Capital IiflproVCIlll.?nt examined the illJlnediate and hmg-t.:rm need, of the Judidar}. ",ilh th.: intent III helping the e 10 TIle' purpn,,~ "I" th~ S'r,1t.:gil: si[!nili.'ant impact 'lVerthc S).,tC'lll' Plan :nitialt'd in next five ~eafs, tht' plan Ii,cdl ~.:ar J%6-X7 wa' doe ... not call for the men: tp c,t.lblt,h ;j "h.:matk cxpcdi<:i1cy 'Jf paper flow, framc\\(lrh t(lf the' hut the marked improwment Judie af;' 's IN: "f (omput.:[\ of both judicial sen ices illld and inhlriUation ~}~t~rn" in the judicial mimagemcnt the 11llurc. Meant to have a pmc'css, In fiscal year 1986-87, the Judiciary cuit District Court Judge Tany Hong Young, Judiciary 1987. This report rec began a thorough self-examination of and First Circuit Court Administrator ommends an organizational structure its personnel, budget, program and Clyde Namuo. The task force will help of the Judiciary's administration that process. A series of studies were initi the Judiciary effectively address its fa addresses and corrects previously iden ated on the Judiciary's ability to meet its cility needs so that the planning and titied deficiencies and provides for an institutional mission and related objec execution of capital improvement proj effective organizational framework for tives through its present organization ects produces designs and structures the future. and structure. that are less costly and more adaptable Each study conducted was intended to the environment and public use. o Another important study by Prof. to assist the Chief Justice and Adminis Addison Bowman at the William S. trative Director of the Courts, as policy o "The Strategic Systems Plan," by Richardson School of Law investigated makers, to further articulate the direc Robert K. Vierck and Ralph H. the decriminalization and administra tion of the Judicial Branch-especially Sprague. Jr., Decision Support Serv tive adjudication of certain traffic in terms of planning, programming and ices, Inc., the Judiciary 1987. This doc offenses, to offset the caseload handled budgeting. Research study efforts ument strives to balance the automation by the Traffic Violations Bureau at First included: and computerization of the Judiciary, Circuit's District Court. enabling a management information o .. An Agenda for Action: The Strate processing system to be modern, gic Plan of the Hawaii Judiciary ( 1988- timely, relevant and flexible. Such 1993), the Judiciary 1987. This study flexibility will be crucial in terms of ensures the Judiciary's responsiveness enabling refinements and newer tech to the multi-faceted aspects of the nologies to be readily incorporated into society it serves. the Judiciary's automation capability. o The Task Force on Judiciary Capital o "An Organization Review of Admin Improvement, co-chaired by First Cir- istrative Support Functions," by Arthur 11 The Judiciary DO 00 ----DO Justices of the Supreme Court The highest level of the State's court system is occupied by the justices of the Supreme Court, who review appeals from Hawaii's trial courts. Their responsibilities include the making of rules for the courts; determining judicial fitness: and the examining, licensing and disciplining of attorneys. The Chief Justice and four associate justices are appointed by the Gov Judges of the Intermediate Court of Appeals Judges of the Intermediate Court of Appeals have concurrent appellate jurisdiction with the Supreme Court in specially designated cases. The Governor appoints a Chief Judge and two associate judges to ten-year terms, with the consent of the Sen"te. Each appointment is made from a list of no less than six names compiled by the Judicial Selection Commission. 14 - III :sam- I.U;ll, Chid' Jlhtl·"c" j'ls.', '-\"..,dl'Wk' JU-.tH:C lq·I.\O·-~·n: 1 LtllL. D. PadgdL A.... ·,\ll·l:L1l' hi,!,,'" l'ls2; J'UBI." H \'taLtt .... uk!. /\:,'"!o.:iak ju,tic'.:, I 'lin , The Hav.aii Stal<.> Intermediate Co un ,,) :\Pl'l'ak trom I,' Walter \1. He,:n, :\",,"ciJte ludi'e. l'1~i.:;: 1m:'" S. BUOb. Chid JlHi~l".\ IQS.2. A<,~.i\:idh~· JUd~':L' ll},";o- t(~, HJrI\ I T,lIl"t..lt. '\""Y,'lat( Ju,J~c, l<:lr-::. 15 Judges of the Circuit Courts Judges at the trial level-circuit, fam ily, district, tax and land courts-serve a total de facto population of 1,178,100 in four judicial circuits. * Circuit Court judges serve at Hawaii's trial court level in all four judicial circuits. The First Judicial Circuit serves a de facto population of 877 ,445. The area includes the island of Oahu and the settlement of Kalawao on Molokai. The Second Judicial Circuit serves a de facto population of 120,100, and in cludes the islands of Maui, Molokai (excluding the settlement of Kalawao), and Lanai. The Third Judicial Circuit serves a de Shortly after hh facto population of 120,000; Adminis appointment in 198~, Chid' tering Hawaii County, this circuit is Ju~tice Herman Lum divided into the two districts of Hilo ordered the impl~mentati\ltl and Kona. l'f a ma,ter cakndaring The Fifth Judid:.: Circuit serves a de system tilr cri!:1inal ca;cs at First Cirmit enurt. Sine.: facto population of 60,500, and in the inc.:ption of this 'yqcm, cludes the islands of Kauai and Niihau. criminal termin:Jtion:;ha\c The Governor appoints circuit judges incrca<,cd in th~ fiN Circuit to a term of ten years, pending approval from 986 III Ii seal year by the Senate; they are selected from a 19RZ-H3 to L.'~.' in fiSl'al list of not less than six candidates year 19f16-~7 --3 net incre'N: of 35 pcr<:l'ni. submitted by the Judicial Selection Commission. An administrative judge for every circuit is appointed by the Chief Justice, except for the First Judicial Circuit, where he has appointed one administrative judge each for both the civil and criminal cal endars. The total number of judgeships legislatively authorized for Hawaii's circuit level is twenty-four. *De facto figures refer to the number of persons physically present in an area regardless of their usual place of residence. These figures include visitors but exclude temporarily absent residents. The numbers given are the latest official figures from the Hawaii State Department of Planning and Economic Development. 16 First Circuit Court ~"'>'- , '" /)'1 " ,., """"c / .~"\"""" ,:~,r,"'''''_''--/ ." : ... ,l~ /~//ll,\?1 /".- "".1,.- ~jJt~, ____ ~ .:< .... _.', '-. ',' Robert W. B. Chang * Ronald B. Greig ~Philip T. Chun Wendell K. Huddy Administrative Judge Administrative Judge Criminal Calendar Civil Calendar Richard y.c, Au Donald K. Tsukiyama Simeon R. Acoba, Jr. Ronald T. Y. Moon Leland H. Spencer Edwin H. Honda Patrick K.S.L. Yim Robert G. Klein Marie N. Milks Frank T. Takao Wilfred K. Watanabe Daniel G. Heely 17 *Retired 6 130 187: Judge Daniel Heely was appointed Admin. Judge, Criminal Calendar effective 7 ! 1/87_ Second Circuit Court Boyd F. Mossman Richard R. Komo E. John McConnell Administrative Judge Third Circuit Court ,/,./ ~tt:~ .eo::: ~ ~'! 111/ ~: ~;;. \) ...~ Ernest H. Kubota Shunichi Kimura Paul M. deSilva Administrative Judge Fifth Family Circuit Court Court First Circuit ~ / ".'L ct·'•. L\ KeiHirano Betty M. Vitou,ek Senior Judge 18 - Judges of the District Courts Also presiding at Hawaii's trial level are the District Court judges. The Chief Justice appoints each judge to a six-year term from a list of six candidates cho sen by the Judicial Selection Commis sion. The Chief Justice also appoints eight District Family Court judges to serve in the First Judicial Circuit, and assigns a district court administrative judge for each circuit. The Chief Justice is legislatively au thorized to appoint twenty-two district judgeships, and also appoints eight Family Court judgeships. Per diem district court judges are ap pointed by the Chief Justice as needed, in accordance with the Hawaii State Constitution and the Hawaii Revised Statutes #604.2. There are thirty-six per diem judges statewide, and they in clude: Bruce S. Ames; Ronald G. S. Au; Joel E. August; Marilyn Carlsmith; Lawrence W. Cohn; Joseph L. Dwight, Jr.; Raymond E. Engle; David L. Fong; Ben H. Gaddis; Albert Gould; Allen K. Hoe; Douglas H. Ige; Walter H. Ikeda*; Mary Blaine Johnston; James R. Judge; George Y. Kimura; Gerald N. Y. C. Lam; K wan Hi-Lim; Rosalyn Loomis; Colin L. Love; DonaldH.C. Low; Leslie W.S. Lum; Melody K. MacKenzie*; George M. Masuoka; David K. Namal 19 District Court of the First Circuit Melvin K. Soong Richard M. C. Lum 1. Norman Lewis TanyS. Hong Administrative Judge Tenney Z. Tongg Hiroshi Oshiro Edwin Sasaki Marilyn Lee Marcia 1. Waldorf Herbert K. Shimabukuro James H. Dannenberg 20 Bambi E. Wei! Francis 1. Yamashita nm77F ====-=- ::we District Family Court Judges ~ '.,~;.~,":~.~t& Evelyn B. Lance Darryl Y.c. Choy \(- Mat:iorie H. M1muia Frances Q.F. Wong Togo Nakagawa LindaK.C. Luke District --;<----.-~- Court (-,.,,"~ .~,'~~'"~'- -" " of the -~\~. Second ( Circuit ) .J I \ J \\ I \, \.~ . -"'~N:'~ 4 Eric Romanchak Douglas S. McNish Yoshio Shigezawa Clifford 1. Nakea Administrative Judge Administrative Judge District District Court Court of the of the Third Fifth Circuit Circuit William S. Chillingworth Cyril Kanemitsu Gerald S. Matsunaga 21 Administrative Judge l, ------,-.-- The Courts 18 ( 7 · ~. -~--~iI· CR,A...CKS, TYf. =o~ C'-OC..::. 7oV-:E'<. '1.o..r<.AI 2i-:!VAiiON f SEe :;'~2. 7H1S ~rlT 1 "1( ... Figure 1. Caseload Activity in the Courts of Appeal· Fiscal Years 1976-77 to 1986-87 Courts of Appeal Number of Cases (In Hundreds) 40 The Judiciary's appellate level is com posed of the Supreme Court and the 35 Intermediate Court of Appeals (lCA). .- .. This level hears appeals from all trial • • •••• e. • e. courts and from specific State boards 30 • • •• and agencies. Appeals are filed with the Chief 25 Clerk of the Supreme Court. The Chief c;o· •• .It ...... -.0. • _._ Justice appoints an assignment judge •••• from the appellate level, who then 20 ••••• assigns the case to either the Supreme .'" Court or the ICA. The Supreme Court 15 ." generally handles cases that involve the ... . • . formulation and development of law; .... the ICA usually reviews cases involving 10 trial court error or the application of settled law. With rare exceptions, court rules mandate that Supreme Court decisions be rendered within a year of oral o argument and that ICA decisions be 1977 1978 1979 1980 1981 1982 1983 1984 1985 1986 1987 rendered within six months of oral Fiscal Year Ending June 30 argument. An ICA decision may be reviewed """' ...... Filings o •• 0 o. Caseload -- Terminations ...... Pending by the Supreme Court upon request by any party, although the Supreme Court exercises its discretion in such matters. Supplemental proceedings arise out Fifty-seven SUGh requests were made Status of Pending Cases: There were of primary cases and are motions, in fiscal year 1986-87, with ten ac 409 primary cases and 8 supplemental cepted for review. special stipulations or applications for proceedings pending in the Courts of certiorari. In fiscal year 1986-87, Appeal at the end of the fiscal year. Of Actions Filed: Primary case filings in 1,886 supplemental proceedings were these 417 pending cases, 59% were the Courts of Appeal numbered 750 filed in the Courts of Appeal, a 2% being briefed, 21 % were ready to be during the 1986-87 fiscal year-695 decrease from fiscal year 1985-86. scheduled for a hearing (or in the case appeal filings and 55 original proceed Terminations: The Courts of Appeal of supplemental proceedings, ready ings. This represents a 2% increase in terminated 721 primary cases during and awaiting decision), 4% were set for filings from the 1985-86 fiscal year fiscal year 1986-87, in contrast to 823 hearing, and 16% had been taken under for primary cases which include cases primary cases in the previous fiscal advisement and were awaiting decision. appealed from the trial courts or year; this reflects a 12% decrease in the government agencies and original proceedings. termination of primary cases. Termina tions of supplemental proceedings de creased by 5%-from 1,989 to 1,899. 24 The Supreme Court Actions Filed: During fiscal year The Supreme Court may review an 1986-87, 749 primary cases were filed ICA decision upon the request of any in the Supreme Court-up by 2% over party, but the Supreme Court employs As the highest appellate court in the the prior year; of these, 10 cases previ discretion in assessing the merits of State, the Hawaii Supreme Court hears ously decided by the Intermediate each request. questions of law from lower trial Court of Appeals were redocketed in courts. These cases are reviewed by the Actions Filed: A total of 134 primary the Supreme Court for review. The cases and 107 supplemental proceed Chief Justice or his designee and, de 1,783 supplemental proceedings filed pending upon certain factors, may be ings were filed in the Intermediate represent a decrease of 3% from fiscal Court of Appeals in fiscal year assigned to either the Supreme Court or year 1985-86. the Intermediate Court of Appeals. 1986-87-an increase of 9% in filings. Such cases may concern interpretation Terminations: Terminations of pri Primary cases are assigned to the Inter of the state or federal constitution; the mary cases decreased 13%, from 821 mediate Court of Appeals from the validity of state statutes, city ordi cases in fiscal year 1985-86 to 712 Supreme Court while supplemental nances, and agency regulations; issues cases in fiscal year 1986-87. Included proceedings may be filed directly with relating to inconsistent decisions in the terminations are the 133 cases the Intermediate Court of Appeals or between ICA and the Supreme Court; assigned to the Intermediate Court of transferred from the Supreme Court. or a life imprisonment sentence without Appeals. The number of opinions Terminations: During fiscal year parole in a criminal case. terminating appeals also dropped from 1986-87, 142 primary cases and 107 Serving on the Supreme Court are 374 in fiscal year 1985-86 to 312 in supplemental proceedings were termi four Associate Justices (presently fiscal year 1986-87, a decrease of 17%. nated in the Intermediate Court of Ap Edward H. Nakamura, Frank D. Status of Pending Cases: At the end of peals, representing an 11 % increase Padgett, Yoshimi Hayashi, and James the fiscal year, 365 primary cases and 7 over the prior year. H. Wakatsuki) and the Chief Justice supplemental proceedings were pend Status of Pending Cases: Pending at (Herman T. F. Lum) who also acts as ing. Of the primary cases, 244 or 67% the end of the 1986-87 fiscal year were administrative head of the Judiciary. were being briefed, 48 or 13% were 44 primary cases, 24% of the total Each judge is selected from a list of six ready to be scheduled for a hearing, 16 primary caseload for the year, and 1 nominees sent to the Governor for ap or 4% were set for hearing, 31 or 9% supplemental proceeding. pointment upon consent of the Senate. were argued and taken under advise Of all pending cases, 2% were being The term of office for a justice is ten ment, and 26 or 7% were taken under briefed, 76% were ready to be sched years with mandatory retirement at age advisement without argument. All uled for a hearing (or in the case of sup seventy. pending supplemental proceedings plemental proceedings, ready and The Supreme Court hears all ques were ready and awaiting decision. awaiting decision), and 22% had been tions of law or mixed law and fact, and argued and were awaiting decision. it has both appellate and original juris diction. The Court may issue writs of The Intermediate mandamus, certiorari, prohibition, Court of Appeals habeas corpus, and all other neces sary and proper writs. In addition to appellate functions, the Supreme Court The second highest court in the state, is responsible for formulating rules for the Intermediate Court of Appeals all courts, disciplinary measures for (ICA) shares concurrent jurisdiction judges and lawyers, and the examining with the Supreme Court in reviewing and licensing of attorneys within the legal matters brought before the Court State of Hawaii. of Appeals. The ICA is composed of a Chief Judge and two associate judges, each appointed by the Governor for a term often years from a list of six nomi nees submitted by the Judicial Selection Commission. 25 Trial Courts The Fifth Judicial Circuit serves the county of Kauai, which includes the is lands of Kauai and Niihau. A circuit Hawaii's trial level is comprised of the judge, two district judges and a per Circuit Courts, which include the Fam diem judge are designated to serve a de ily Court; the District Courts; the Land facto popUlation of 60,500. Court; and the Tax Appeal Court. Trial courts function in four judicial circuits Actions Filed: A total of 933 ,300 cases that service approximately the same was filed in trial level courts in fiscal geographic areas as counties. Only year 1986-87, a decrease of 7% from the Land and Tax Appeal Courts are the 1,008,420 cases filed in fiscal year located solely in Honolulu to serve 1985-86. Of the trial level cases filed in the entire State. the 1986-87 fiscal year, 882,335 cases The First Judicial Circuit serves the or 95% were filed in the District City and County of Honolulu, which Courts; 37,639 or 4% were filed in the includes the island of Oahu and the Family Courts; 13,213 or 1% were filed settlement of Kalawao on Molokai. in the Circuit Courts; and 113 or less Seventeen circuit judges, fourteen than one percent were filed in the Land district judges, eight Family Court and Tax Appeal Courts. judges, and thirty-six per diem district Terminations: During fiscal year judges-five of these assigned to 1986-87, 858,247 cases were termi Family Court-are designated to serve nated by trial level courts, a 9% de a de facto population of 877 ,445. crease from the 947,575 cases termi The Second Judicial Circuit consists nated during the previous fiscal year. of Maui County, which includes the is Status of Pending Cases: At the end of lands of Maui, Molokai (excluding the the fiscal year, a total of 429,327 cases settlement of Kalawao), and Lanai. was pending at the trial court level. The Three circuit judges, three district majority of these cases, 367,036 or judges and four per diem judges are 85% was pending in the District designated to serve a de facto popula Courts. tion of 120,100. The Third Judicial Circuit, divided into the two districts of Hilo and Kona, administers Hawaii County. Three cir cuit judges, three district judges and five per diem judges are designated to serve a de facto population of 120,000. The Fourth Judicial Circuit is no longer used as a circuit designation, having merged into the Third Circuit in 1943. 26 rr First Judicial Circuit Fifth Judicial Circuit Comparison of Cases Filed, Comparison of Cases Filed, Fiscal Years 1985-86 and 1986-87 Fiscal Years 1985-86 and 1986-87 Percent Percent Cases Filed 1985-86 1986-87 Change Cases Filed 1985-86 1986-87 Change All Courts 847,002 764,782 - 9.7% All Courts 23,824 25,755 + 8.1% Circuit Court 9,266 8,397 - 9.4% Circuit Court 847 785 - 7.3% Family Court 24,064 26,544 +10.3% Family Court 1,698 2,079 +22.4% District Court 813,672 729,841 -10.3% District Court 21,279 22,891 + 7.6% Second Judicial Circuit AU Judicial Circuits Comparison of Cases Filed, Comparison of Cases Filed, Fiscal Years 1985-86 and 1986-87 Fiscal Years 1985-86 and 1986-87 Percent Percent Cases Filed 1985-86 1986-87 Change Cases Filed 1985-86 1986-87 Change All Courts 71,142 80,665 + 13.47(' All Courts 1,008,420 933,300 - 7.4% Circuit Court 1,883 1,733 - 8.0% Circuit Court 14,297 13,326 - 6.8% Family Court 2,893 3,418 + 18.1% Family Court 33,902 37,639 +11.0% District Court 66,366 75,514- +13.8% District Court 960,221 882,335 - 8.1% Third Judicial Circuit Comparison of Cases Filed, Fiscal Years 1985-86 and 1986-87 Percent Cases Filed 1985-86 1986-87 Change All Courts 66,452 62,098 -6.6% Circuit Court 2,301 2,411 +4.8% Family Court 5,247 5,598 +6.7% District Court 58,904 54,089 -8.2% 27 Circuit Courts The staff of the First Circuit will be gin working on the development and implementation of the one day lone The Circuit Courts are courts of general trial system of jury service. In order to jurisdiction in civil and criminal start this program, the court will need to matters where all.iury trials are heard. design a totally new system of jury They maintain exclusive jurisdiction service. Forms, selections procedures, over probate, guardianship, criminal summoning, and even the voir dire felony trials, and civil cases where the process need to be revised, evaluated, contested amount exceeds $10,000. and updated with new procedures for In addition, Circuit Courts share each step of the process. concurrent jurisdiction with the District Courts in civil, non-jury cases Actions Filed: Filings in the Circuit involving amounts between $5,000 and Courts Proper totaled 13,326 cases $10,000. Jurisdiction also extends over during fiscal year 1986-87, a slight mechanic's liens, naturalization, and decrease from the 14,297 cases filed misdemeanor violations that are during fiscal year 1985-86. Of the transferred from the District Courts for cases filed in fiscal year 1986-87, jury trials. 5,987 or 45% were civil cases, and In each Circuit Court, the Adminis 2,932 or 22% were criminal cases. trative Judge supervises the Chief Terminations: During the fiscal year, Clerk, who oversees the progress of 10,604 cases were terminated; this rep actions filed in that court; submits the resents 23% of the total caseload. budgets to the Office of the Administra Status of Pending Cases: At the end of tive Director; and collects funds for the fiscal year, 34.910 cases were pend court trusts. The Chief Clerk, named ing in the Circuit Courts Proper, an in personal representative in all small es crease of 7% from the 32,518 cases tate matters, becomes responsible for pending at the end of the previous fiscal all Estate and Guardianship actions. year. Placed under the guidance of the Cir cuit Court, the Court-Annexed Arbitra tion Program-which became manda tory under the Tort Reform Act passed in the last Legislative Session-pro cesses eighty cases a month; this intake of cases represents an increase of three to four times from the previous year. In preparation for jury trials, a jury com mission prepares and certifies lists of prospective jurors for each calendar year. Jurors are selected as needed after an initial screening; they serve on grand juries for one year, and petit juries for one month. 28 PI Adult Probation Figure 2. Division CaseIoad Activity in the Circuit Courts Proper-Fiscal Years 1976-77 to 1986-87 Number of Cases (In Thousands) Since 1931, when probation as a dispo 55 sition for adult felons was first statuto ..... rily established, the Adult Probation .e. • ••. 50 e.- -. Division of the First Circuit has grown ... .. D.. steadily in size and sophistication. Due 45 " .- .. •.- ...... -.. . to the volume of cases in the First Cir .. .. •• cuit, the Adult Probation Division op 40 ...... erates independently of the Family .. • 35 Court. -•••• The primary functions of the division •• ... 30 •• • 0 are the investigations and completion of ••••• .. - pre-sentence and predispositional 25 reports for the eight criminal divisions of the First Circuit; and the supervision of all adult felons placed on probation or subject to court-ordered control, 15 , including offenders released from the ",,' Hawaii State Hospit~l. The division 10 ___-- "" 1-...... _-", --'" informs victims of crimes about --- the parole or suspended sentence of the 5 offender, and of the potential for restitution or criminal compensation. With the completion of the imple 1977 1978 1979 1980 1981 1982 1983 1984 1985 1986 1987 mentation phase of the management Fiscal Year Ending June 30 classification system in December 1986, the division established a founda ...... ""'" Filings .... 0 0 0 Caseload - Terminations .... 1111.. Pending tion of management and operations to meet the anticipated challenges of the near future. In the handling of criminal In the fiscal year 1986-87, the prediction instrument developed and matters, the Adult Probation Division division assisted the Hawaii Paroling validated by the division to objectively is distinguished by its interface with Authority in implementing a similar determine sentence recommendations. both law enforcement and correctional management classification system. This method will eliminate subjective, components. Thus, developments in Reflecting a commitment to address the individualized decision-making, thus electronic surveillance, drug testing, needs of the offender, the division reducing disparities in sentences meted communications, risk control, renewed service contracts with residen out by the judges. Assuming wide management information systems tial treatment programs in the commu usage of such objectively determined and research are expected to present nity and helped plan a sex offender recommendations, the division forsees a significant impact on the division, treatment program. The projected improvement in both public safety the courts, and corrections. development of a home detention and appropriate use of resources by program (an intensive probation enabling judges to determine supervision program, authorized in accurately the need of confinement per June of 1987, utilizing surveillance criminal. devices) is intended to promote a higher degree of public safety. A significant internal improvement will be the implementation of a risk 29 The Honorable Richard children in foster care, 1. Fitzgerald, a full-time delivered the keynote judge, faculty memher of specch at a conference the University of Louisville entitled" A Sy,tem Adrift School of Law and No t.Iore; Permanent renowned authority on Planning for Children in permanency planning for Substitute Care." Family Court, A Division of Circuit Courts The Family Courts were first established to deal specifically with problems arising in the family environ ment. While directing trials for juvenile criminal offenders, the Family Courts also administer hearings for domestic situations and marital actions. Cases may include truancy and educational neglect, abandonment, spouse and child abuse, divorce, custody, and paternity suits. The Family Courts also encompass Detention Homes and the Juvenile and Family Crisis Services Branch which provides counseling to youths and their families. A major project is in the planning process that is scheduled to computer ize Family Court operations. The Application and Transfer Process, an Figure 3. intensive study attempting to refine Caseload Activity in the Family Courts' Fiscal Years 1976-77 to 1986-87 the flow of information within the Number of Cases (In Thousands) Court, is the essential fIrst step toward the goal of computerization. This 70 process is being coordinated with the •••• .. - Judiciary's plan on technology. 0" 60 s· 0- •••• Actions Filed: A total of 37,639 cases •• .. - was filed in the Family Courts during $. .. 50 fIscal year 1986-87, an 11 % increase .. -0- .. - over the previous fiscal year. Total fil •• .-." ings consisted of 29,375 primary cases 40 ••••• •• ..... and 8,264 supplemental proceedings. ..- ••••• Terminations: Terminations number 0-.. - 30 ing 40,130 in fIscal year 1986-87 signi fIed an increase of 16% from the fiscal year 1985-86. Terminated primary cases numbered 29,144; terminated supplemental proceedings, 10,986. 10 Status of Pending Cases: There were 27,381 cases pending by the end of fIs o cal year 1986-87, representing an 8% 1977 1978 1979 1980 1981 1982 1983 1984 1985 1986 1987 decrease over the previous fiscal year. Fiscal Year Ending June 30 ...... - Filings .. G " • ... Caseload -- Terminations ...... Pending 30 1 Tk goal of Family C"urt is abuse allegations in divorce tv keep the family intact. ,a,es. as well as que,lions To thi., end, the Judiciary's of ethics and propriety in f'amily Court ha~ facilitated dealing with both child ,ont<:rcnce, addrc"ing a victims and juvenile law wide rangc of topi.:" from oftenden., fo~Mr l'ure planning to ,cx Semor Judge Betty Vitousek of the First Circuit Family Court, center, participates in a workshop on Family Court issues during the annual Judicial Conference. Each year, justices and judge, from all four circuits gather to confer on common topics of legal adminis· tration; this conference occurs in tandem with the Hawaii State Bar Association Convention. ~.~~ .' t.rull.ln'}, _ ~~:-~:~;.;:~.:-:-,.{:;,~.- .,.;'~;'>~:::""~~.... ~::,~. 31 I ilL______.. ______... __... ______...... _ ..... ~.i'"."' ...... n .. :ii'''DiIio·.. • ....,.·''',,'''· .. • .. 'j'.. •· ..·• .... • .. • ...... ···~-·;;.ro:~~~\;!,~~~\'''-'-.",lli:~&AO''W-.,w.H!'';,.'rtl£ ... .ilI!~ = District Courts Figure 4. Caseload Activity in the District Courts· Fiscal Years 1976-77 to 1986-87 Operating as non-jury trial courts, the Number of Cases (In Millions) District Courts have exclusive jurisdic tion in traffic cases, petty and criminal 1.4 misdemeanors, and most civil cases involving sums of less than $5000. 1.2 They have limited jurisdiction in civil .. -••••••••••• and criminal matters and share current •••••••• jurisdiction with Circuit Courts 1.0 for civil matters where the contested amount involves $5,000-$10,000. O.S Program components of the District Courts include the Traffic Violations Bureau, the Counseling and Probation 0.6 Services Division, the Division of Driver Education, and the Office of the 0.4 Sheriff...... The Traffic Violations Bureau proc ..,.... esses all traffic violations. Statewide 0.2 ...... records for traffic violations are main ...... IiI .... •• tained at the Honolulu TVB office. 0.11 The Counseling and Probation 1977 1978 1979 1980 1981 1982 1983 1984 1985 1986 1987 Division has two functions. The first Fiscal Year Ending June 30 function is to prepare presentence reports and make appropriate _ ...... Filings e e It 0 0 0 Caseload ...... Pending recommendations to the District Court --.... Terminations judges. During fiscal year 1986-87, 2,351 new presentence cases were added to the 901 cases still open from for the division. These changes include State detention facilities, including the previous year. Action was the implementation of home detention youth correctional institutions and the completed on 2,450 of these which supplants incarceration with Hawaii State Hospital. presentence cases and 802 remained at confinement to the home, and the provi The Division of Driver Education was the end of the fiscal year. sion of terms and conditions to defend created in 1967 in accordance with the The second function of the ants placed on probation and other National Highway Act of 1966 to reduce Counseling and Probation Divison is to forms of release. Classification of pro traffic accidents, fatalities, injuries, and aid the victims of crimes and to bationers is being initiated and on-line property damage. To accomplish these supervise probationers. There were access is expected to connect other objectives, the division coordinates and 4,567 new supervision cases during criminal justice systems with the administers a comprehensive traffic fiscal year 1986-87 which were added computer terminal in the division. safety education program. This preven to the 3,707 from the previous year. Of Also located at Honolulu's District tive and rehabilitative educational effort these cases, 3,856 supervision cases Court building, the Office of the Sheriff is designed for both adults and juvenile were closed and 4,418 cases were still provides security for court buildings traffic offenders. Services encompass all pending at the end of the fiscal year. and personneL Deputy sheriffs are re islands, and include counseling, instruc Changes have occurred within the sponsible for serving court-related doc tion, public information, and commu penal code as of the last legislative uments regarding the judicial system, nity education. session which are being implemented governmental agencies and attorneys in private practice. Other duties include bailiff services and the transportation of prisoners between the courts and all 32 In the fiscal year of 1986-=87, infor violation cases and a 7% decline in Actions Filed: In fiscal year 1986-87, mation campaigns focused on the terminations of other violations. 14 contested cases were filed in the safety-belt laws, drinking and driving Terminations of criminal actions Land Court. In addition, 14 original problems, pedestrian safety, speeding increased by 6% and terminations of land registration cases and 42 contested and other traffic related laws and civil cases remained at the same level as cases were pending at the start of the issues. Community education efforts the prior fiscal year. fiscal year, bringing the total caseload continued with schools, the military, Pending Cases: The pending caseload of the Land Court to 70 cases in fiscal and various community and business stood at 367,036 cases at the end of year 1986-87. groups having an opportunity to see fiscal y-:..tr 1986-87, reflecting an Ex parte petitions, one-party peti traffic information and court experi increase of 26% from the beginning of tions not requiring court action, ence combine for an informative the fiscal year. For each case category, increased by 17% from 4,746 filings in presentation. the percent increases were: civil fiscal year 1985-86 to 5,572 in fiscal While continuing to address the actions, 28%; traffic violations, 26%; year 1986-87. needs of the individual driver through other violations, 28%; and criminal Terminations and Pending Cases: its rehabilitative efforts, the division actions, 13%. A total of 13 contested cases was ter anticipates the need to develop preven minated during fiscal year 1986-87, tive approaches in facilitating a safer leaving 57 cascs-14 original land reg traffic environment for the general pub Land Court istration cases and 43 contested lic. The implementation of various cases-pending at the end of the fiscal technological advancements over the The Land Court is a statewide court of year. next decade should enable the division record that has jurisdiction over appli to better serve court-referred indi cations for original registrations of viduals and to reach out into the land. The Court also presides over peti Tax Appeal Court community. tions for subdivisions; designations and Actions Files: During the 1986-87 deletions of easement; erosions and The Tax Appeal Court has jurisdiction fiscal year, 882,335 cases were filed in accretions of Land Court estates; in disputes between the tax assessor and the District Courts, a decrease of 8% and clarifications and updating of the the taxpayer that include excise, liquor, from the previous fis(:al year. Traffic status for Land Court Property. income, property and insurance taxes. violation cases constituted the bulk of Land Court registrars serve as court Actions Filed: In fiscal year 1986-87, the filings-90% of all case filings. clerks; research and process applica 99 cases were filed in the Tax Appeal Civil actions represented approxi tions; resolve disputes outside the Court. Including the 144 cases pending mately 2% of the filings; other Court when possible; and offer at the beginning of the fiscal year, there violations, 4%; and criminal actions, research assistance to the lay, legal was a total caseload of 243 cases in fis 4%. and business communities. With the c[;l year 1986-87. Terminations: A total of807,513 cases anticipated computerization of record Terminations and Pending Cases: was terminated in the District Courts in keeping at the Bureau of Conveyances, Sixty-nine cases were terminated dur the fiscal year. Overall case termina Land Court will be able to access data ing the 1986-87 fiscal year. This repre tions decreased 10% from fiscal year on land records utilizing a "Modem' sents 28% of the court's total caseload. 1985-86. This reflects an 11% linkage. This would eliminate the A pending caseload of 174 cases existed decrease in terminations in traffic necessity of having to call upon the Bureau for information necessary in at the end of the fiscal year. reaching a decision on Ex Parte Petitions. 33 The Support Services -"miL'l' \Vnlf. the i\cimini,· tratlV<' DireL'l\>[ 1 The Support Services Support functions for the Hawaii State Judiciary are provided by the Adminis trative Director Services Program, Included in this program are the Budget and Fiscal Office; the Children's Advocacy Center; the Computer Sys tems Office; the Office of the Public Guardian; the Judiciary Museum Pro ject; the Personnel Office; the Planning and Statistics Office; the Program on Alternative Dispute ,Resolution; the Program Services Office; the Public In formation Office (PIO); and the Staff Attorney's Office, The Administrative Director The Administrative Director of the Courts is appointed by the Chief Program on and manacies various contracts and Justice, with the approval of the Su grants related to alternative dispute res preme Court. The Director bears re Alternative Dispute olutions. sponsibility for the daily operations of During the fiscal year 1986-87, the the judiciary. Resolution (ADR) staff began implementing a program of The duties of the Director include the mandatory. non-binding arbitration for examination and improvement of Ad The Program on Alternative Dispute all First Circuit tort cases with a value ministrative practices. the development Resolution is responsible for research of $150,000 or less. The Program also of uniform adjudicative and adminis ing, planning, and developing dispute initiated an experimental mediation trative forms and procedures; the im resolution procedures. ADR is a program for complex. public interest plementation of new programs in the comprehensive term for a number of cases which is currently underway and Judiciary; the preparation of various techniques that include mediation, other planning activities related to the court-related reports: and the process arbitration, fact-finding, structured establishment of an international Dis ing of grant requests. negotiations, md conferences involv pute Resolution Center in Hawaii. ing special masters and referees-new Other activities included the publica tools that are available to judges, deci tion of ADR Trends and Abstracts. a sion-makers, and disputants looking for quarterly newsletter reporting the latest alternatives to traditional litigation. information on ADR from around the The staff gathers and disseminates nation, and the Directory oj Famil.v up-to-date information on alternative Mediators for the State of Hawaii. methods of resolving disputes; ex plores, tests. and evaluates new uses for ADR methods; helps institutionalize these methods to make the fullest use of 36 their potential wherever appropriate; I ~ Budget and Fiscal Office The Budget and Fiscal Office is respon sible for accounting, auditing, and budgeting in the Judiciary. During the fiscal year 1986-87, the accountir.,5 staff made improvements in the central payroll system and purchas ing system. The audit staff reorganized snd overhauled the financial policies and procedures directing the District Courts of th..:. Second, Third, and Fifth Circuits. The audit staff also conducted a follow-up _mdit examination of the Office of the Sheriff. And the budget staff coordinated planning Ibudgeting workshops during the preparations for the 1987-1989 bi-annual budget. The Office began preparing reorgan ization of functions and structure to enhance the auditing capability and integrate the budgeting and planning functions. Computer Systems Office The Computer Systems Office is re sponsible for adoption of new technol ogy in Hawaii's court system. During the fiscal year 1986-87, the Office as sisted the Chief Justice's Executive Committee in preparing the Judiciary's General Plan on Technology. Mean while, the Civil Division automation project at First Circuit Court completed the installation of computer equipment, along with the implementation of a case folder tracking system, a calendar sys The Budget and Fiscal accounting staff reorganized tem, a compliance-to-rules monitoring Office b responsible for all the financial policies and system, and an electronic mail system. accounting. auditing and procedure'i of the Di,trict The Office is currently planning for budgeting in the JUdiciary. Courts of the Second. Third automation of the Family Court of the In fiscal year 1986~7, the and Fifth Circuit.,. Budget and Fiscal Office's First Judicial Circuit, a one day lone trial jury system, and further enhance ments to the computer systems for the District Courts of the First Circuit. 37 Personnel Office The Training and Safety Branch fa Planning and cilitates the development and coordina tion of training programs. This section Statistics Office The Personnel Office administers the also monitors the working conditions civil service system for approximately and oversees the health and well-being The Planning and Statistics Office as 1,400 Judiciary employees. Each of Judiciary employees. sists management in developing the section in the Personnel Office is re The Special Services Branch, a new comprehensive planning capability of sponsible for a functional area of per section in the Personnel Office, serves the Judiciary. In addition, the Office sonnel management: (1) Recruitment as the troubleshooter for problems and maintains the Judiciary statistical data and Examination, (2) Administrative sensitive conditions in the personnel system which generates statistics used Services, (3) Classification and Pay, (4) area which require immediate for a variety of quantitative reports on Labor Relations, (5) Training and attention. court caseload activity. Thus, the Office Safety, and (6) Special Services. During the fiscal year 1986-87, the offers management information which The Recruitment and Examination Personnel Office received 4,372 helps shape the direction, rate, and Branch, probably the most visible of applications for employment consider character of growth of the Judiciary and the personnel functions, recruits ation and promotional opportunities. the services that it provides to the employees, develops and administers Significant changes in the Personnel citizens of the State. examinations, and maintains lists of Office included the recruitment and During the fiscal year 1986-87, the qualified applicants for public employ selection of a new Court Personnel Office focused its efforts on research ment and for promotional opportunities Administrator. services and administrative support in a within the Judiciary. During the past fiscal year, the staff variety of areas including, among The Administrative Services Branch has participated in training seminars others, strategic planning and grants ensures that all personnel actions are in and workshops in the areas of examina management. The Office continues to compliance with applicable laws, rules, tion and development, classification, publish its newsletter, Nu HOll regulations and union contracts. This worker's compensation, and labor rela Kanawai, which tracks and analyzes section administers programs on em tions. Program goals for the upcoming emerging issues, trends and research ployee assistance, performance evalua fiscal year include automating the findings. Developed by the futures re tion, and incentive and service awards; recruitment process, developing more search component of the Office, this it also maintains information systems effective examinations, cutting down newsletter serves to keep the Judiciary on classified and exempt services. the 'response time on classification abreast of court innovation alternatives The Classification and Pay Branch requests, reduction in the loss of work and responsive to the changing judicial maintains the position classification time and expense in the areas of needs of the community. system and a compensation plan for the worker's compensation, and providing Given the importance and centrality Judiciary's civil service positions. Posi more informational sessions and train of information in the emerging tion classification categorizes similar ing opportunities for staff develop information economy, the Planning and positions on the basis of the nature and ment. Statistics Office intends to enhance its the level of the work performed. This research capabilities so as to section develops the class descriptions improve management's ability to direct and the minimum qualification stand the complex activities of a modern-day ards for civil service positions. Reallo court system. In the long-term, the Of cation and repricing reviews are fice plans to develop various interpre conducted by this section. tive and quantitative judicial and The Labor Relations Branch is administrative simulation models responsible for handling grievances, which will integrate trend forecasts and arbitration cases, and contract interpre goal setting, thus providing a quantum tations. This section ensures a uniform jump in policy-oriented research. interpretation of contract agreements, dispute settlements, Federal and State laws, and applicable civil service rules and regulations. 38 In Spring 1987. the business communities. This Judiciary's Program conference was aimed at Service~ Offices launched making young law violators the Juvenile Monetary accountable for losses Restitution Program with suffered by their victims, a two-day conference that while providing a po~itive brought together members aspect to the violatdr's of both the legal justice and probation. Program Services Office The Program Services Office is de signed to promote citizen awareness and involvement within the judicial sys tem statewide. Citizen participation in the courts is encouraged among a cross section of the community through five program components. Volunteers in Public Service to the Courts (VIPS) is the first component, which in fiscal year 1986-87 involved placement of 370 volunteers into thirty positions similar to those held by Judi ciary employee counterparts. These volunteers contributed more than 38,600 hours of service, an in-kind equivalence of more than $287,000. The second component is an orienta tion tour of the courts. Over 660 adults and 4,800 students from 168 groups statewide gained exposure to the court system. A third component, the Community Service Sentencing Program (CSSP), screened and placed 7,742 adult and juvenile offenders to perform public service as a condition of their sentence, generally imposed in lieu of a fine. These offenders were sentenced to a to tal of 408,629 community service hours. Offenders completed over 370,000 hours in the fiscal year at 520 non-profit or public agency work sites throughout the state. At the minimum wage rate, the in-kind value of the community service teer homes to 223 days for the specialist In fiscal year 1987-88, the office will amounted to $1,125,000. homes. be developing a monetary restitution During fiscal year 1986-87, the The fifth component is the Volunteer program component for the Family fourth Program Services component, Guardians Ad Litem (VGAL) Program. Court, based on matching grant funds the Foster Parenting Program (FPP), A statewide total of 13:'; volunteer available through the U.S. Justice recruited, screened, and trained 29 new guardians were assigned to 196 cases Department and the State of Hawaii. stipended and volunteer parents to meet involving 216 minor children who were The project is designed to provide pre the foster care needs of adolescents referred to the Family Court for abuse employment training and work place who are under Family Court jurisdic and lor neglect. VGALs represent the ment for juvenile offenders who have tion statewide. A total of 66 volunteer best interests of the minors in court pro been ordered by the Family Court to homes and 10 Foster Care Specialists ceedings. They conduct their own in make monetary restitution payment to provided care for 84 youths during the vestigation and make an independent their victims. year. Length of placements ranged recommendation to the court concern from an average of 102 days for volun- ing the welfare of the minor. 39 Each year, the Public arguing their cast!S beillre Information Office (PIO) actual court judges. During helps to coordinate the semi fiscal 1986-87 ,PIO also final and final rounds of the planned on-site visits to High School Mock Trial District and Circuit Courts Tournament with teams for secondary students and from competing schools their teachers. Public Information Office (PIO) The primary function of the Public In formation Office (PIO) is to educate the general public about Hawaii's courts and to promote greater knowledge of the legal justice system. These objec tives are achieved through various means, including seminars, news re leases, and publication of brochures and booklets. PIO also publishes an employee newsletter and, with the courts' Planning and Statistics Office, the Judiciary's annual report. During fiscal year 1986-87, PIO continued to coordinate monthly day long conferences for Oahu public and private high school students at District and Circuit Courts of the First Circuit. With the assistance of District Court's Division of Driver Education and Cir cuit Court Administrators, these con ferences offered orientation by court personnel, classroom presentations on The Cameras in the Courtroom Staff Attorney traffic law, courtroom visitation of ac experiment was coordinated by PIO tual trials and arraignments and facili during the past fiscal year as well, tated a variety of activities in celebra receiving and processing applications The Staff Attorney's Office provides le tion of the Bicentennial of the for extended media coverage and gal counsel and related services to the Constitution, including the coordina maintaining statistical data on this ex Administrative Director, the adminis tion of a Bicentennial essay contest for periment. On December 7, 1987, the trative support services, and the various Hawaii high school students. In con Hawaii Supreme Court amended its state courts. junction with the Public IPrivate Part rule allowing such media coverage, The Office researches, drafts, and nership in Law-Related Education, PIO making Cameras in the Courtroom a monitors legislation requested by the also coordinated a substance abuse permanent condition for the foresee Judiciary. In addition, the Office drafts poster contest for Oahu high school stu able future. most Judiciary testimony given on Judi dents. Entitled "The Future is Yours ciary and other bills; monitors, with Build A Good One!," this contest en Family Court assistance, all bills that couraged students to illustrate healthy affect the Judiciary; provides informa alternatives to substance abuse in their tion on bills to affected Judiciary divi daily lives. sions; responds to inquiries on legisla tion from the Governor and the Department of Budget and Finance; and distributes copies of the Acts enacted by each legislative session. 40 Located in Ali'iolani Hale. publications that will be the Supreme Court Law tran,ferred onto non- Library provides legal book formats. With the reference materials for the .:omrleti,m of Ali'iolani courts and the general Hale's Phase II renovation. public. Renovation efforts the Law Library will be during the last fiscal year housed in larger quarters facilitated the weeding more accommodating to its out of older. little-used collection. Office of the Public Guardian The Public Guardian is appointed as personal guardian for mentally incapacitated adults when the Family Court determines that there is no other person, association, partnership, or corporation available which, in the Court's opinion, is both willing and suitable to serve as guardian. The guardian works closely with the ward's caregiver, case manager, and significant others to maintain a support system which respects the ward's dig nity and best interest, and promotes the ward's self-expression and self-deter mination. Also, as a surrogate decision maker, the guardian makes decisions conforming as much as possible with the ward's value system. Medical deci sions are made after consultation with the attending physician, family mem bers, medical specialists, significant Supreme Court were to be transferred to the DR Law others, and when appropriate, the facili Library; non-book forms will be re ty's ethics committee. The guardian Law Library placing these materials. Circulation makes every attempt to explore the use may have been lower due to the inacces of limited guardianship and seek the The Supreme Court Law Library is re sibility of pre-1986 law material, but least restrictive alternate support sponsible for providing the court.; and reference assistance has increased and resource. their staffs necessary legal reference overdues have decreased. In addition, materials and information. The Law the Law Library has installed a Danyl Library also serves as a public outlet for debit card Icoin system which permits those who have need for legal research the patron easier access to the copier. and study. The most significant activity Library collection has increased to a to during the fiscal year of 1986-87 was tal of l34,018 fiche and 554 tapes, the relocation of the entire collection~ while decreasing hard bound volumes the office was shifted to different rooms to 77,195. and the basement for temporary quar Before the shifting of Library facili ters. This move assisted in weeding out ties, a law library was initiated in the older but little-used publications that Third Circuit in Kona. The nucleus of the collection in Kona was donated by the law firm of Carlsmith, Wichman, Case, Mukai, and Ichiki (6,902 vol umes of regional reporters) and attor ney Richard Trethway of Kailua-Kona (l,OlD volumes of the Pacific Reporter). 41 Members of the Advisory Services, the Honolulu Committee for the Police Department, the Children's Advocacy Center Office of the Prosecuting have signed an interagency Attorney, the Sex Abuse agreement to meet once a Treatment Center, the month in planning for the OUker of the Attorney center's future. Agencies General, and the U.S. represented include the Armed Services. Department of Human Materials Available The following brochures, pamphlets, and booklets may be obtained through the Public Information Office. Informational: Art in Honolulu's District Court Building, a pamphlet describing works of art that have been placed in District Court by the Art in Public Places Program of the State Foundation on Culture and the Arts. District COllrt, a brochure explaining procedures of District Court. Divorce in Hawaii, You are Still Par ents and Children and Divorce, three brochures prepared by the Family Court providing couples in divorce pro ceedings with a better understanding of their responsibilities. Children's and criminal court actions; and 5) to Drunk Driving, a brochure explain Advocacy Center coordinate the activities of all the ing the procedures and consequences of agencies involved with the child. being arrested for drunk driving. Cooperating in the planning and op Foster Parenting, a brochure recruit The 1986 Hawaii State Legislature erating of the Center are representa ing volunteers who wish to become established the Children's Advocacy tives of the Department of Human foster parents to teenagers through Center under the State Judiciary and Services, the Attorney General, the Family Court. provided operating funds, Created Prosecuting Attorney, the Honolulu The Guardian Advocacy Program, a as a coordinated approach to dealing Police Department and thl.! S0X Abuse pamphlet explaining the Guardian with child sexual abuse, the Center Treatment Center. Comprehensive Advocacy Program and the services focuses on the needs of the child rather training packages for social workers, and resources it provides. th(\n on the separate needs of the agen detectives, and judges have been The Hawaii Judiciary, a brochure cies and professionals involved, and developed for improving skills and giving the history and organization of works to prevent the revictimizing of sensitivity in working with sexually the Hawaii JUdiciary. children and families while providing abused children. Hawaii State Judiciary Appellate support and linkage with counseling The Center has made available a wit Courts, a pamphlet describing the Su services. ness room for children at Kaahumanu preme Court and the Intermediate The Children's Advocacy Center has Hale, First Circuit Court. Furnished Court of Appeals. five main purposes: 1) to provide a with toys, books, magazines, a televi Hawaii State Judiciary Circuit supportive, homelike setting where sion and other accessories, the space Courts, a pamphlet describing the work children can be interviewed; 2) to mini was provided to help relieve children's and jurisdiction of the Circuit Courts, mize the number of interviews and anxiety while awaiting testimony. The including Family Court. interviewers who speak with the child Center expects to open its doors in Hawaii State Judiciary District and provide continuity for the Spring 1988, on a site owned by the Courts, a pamphlet explaining the divi child throughout the lengthy process of Episcopal Church in Nuuanu. sions and functions of the District their involvement with the system; 3) to Courts. provide specialized training for the Hawaii State Judiciary Map ofBuild professionals interviewing children in ings, a map showing locations of state order to secure a neutral, professional courts in downtown Honolulu. 42 investigation; 4) to coordinate the civil Juror Orientation Package, a series of three brochures explaining juror du ties and responsibilities in the First Judicial Circuit. License Suspension, a brochure describing the cost and consequences of having a driver's license suspended. Love Our Children: Volunteer Guardians Ad Litem Program, a bro chure recruiting volunteers who wish to assist abused and neglected children. Moped, a brochure outlining Hawaii's moped laws. TJze Point System, a brochure prepared by the Driver's Education Division of the District Court explaining the penalty point system assessed against drivers who violate ordinances. Sheriff" Hawaii State Judiciary, a brochure prepared by the Office of the Sheriff informing the public about the work of the office and the recruitment pictorially depicting the early days of nally to the U.S. Supreme Court. Also of potential deputy sheriffs. the Hawaii judiciary. available through the Hawaii Crime Small Claims Court, a brochure The Restoration of Ali'iolani Hale, a Commission. Beta only. 55 minutes. explaining procedures of the Small 12-page pamphlet describing the his "Responsible Parties" is a fictional Claims Court. tory and restoration of the Judiciary ized account of two teenaged shop-lift Volunteering in the Courts, a recruit Building. ers and their individual experiences ment brochure prepared by the Volun with the legal system. Also described Periodicals: teers in Public Service (VIPS) describ are the Family Court trial process, ing the court's volunteer program. 'Aha'ilono, a bi-monthly Judiciary community service sentencing, law-re A Child's Guide to Law, a booklet for newsletter reporting current events at lated education and the Honolulu Po elementary students explaining the the Hawaii State JUdiciary. lice Department's Juvenile Diversion laws pertinent to their age group. Na Po' e Malama, a quarterly news Program and Law and Justice Aware Law-Related Education Makes It letter prepared by VIPS reporting on ness Program. VHS only. 30 minutes. Happen, a brochure prepared by the activities by and for the courts' volun "The Trial ofJohn Peter Zenger" is a U.S. Department of Justice explaining teers. dramatized account of the trial of the importance of law-related educa Nu Hou Kanawai, a newsletter pre Zenger in 1735 that demonstrates the tion. pared by the Judiciary Planning Office evolution of the American legal and Public! Private Partnership in Law describing issues, trends and research democratic process. Zenger published Related Education, a pamphlet de findings. an independent newspaper that was scribing the Partnership's programs Videos: highly critical of the British Monarchy and activities. Videos that may be borrowed from the and he was subsequently imprisoned Also available are translations of Cir Public Information Office include the for libel. Noted lawyer Alexander Ham cuit Court, District Court and Judiciary following: ilton defended Zenger and argued a Maps and the Drunk Driving brochure "Hawaii:~ Criminal Justice System" point of law hinging on truth and fair in Korean, Vietnamese, Samoan and is an introductory, instructional re ness rather than sovereign authority. Filipino languages. source that describes all of Hawaii's VHS and Beta. 40 minutes. Historical: State court system and the roles of key "The Verdict-Guilty! What Hap pens Next." This tape reviews sentenc A Pictorial Glimpse of Bench & Bar support staff members. A case is fol in the Hawaiian Monarchy, a booklet lowed from apprehension by the police, ing in Hawaii. Beta only. 29 minutes. through the State court system and fi- 43 Boards, Councils and Commissions to \ ....,} .• -~ \ . ---~ 1.. ~11111 ~~-(l... iGt-ir Judicial Selection Jury Commissions Commission Every judicial circuit has a five member Judicial Council Jury Commission, each of which .is The Judicial Selection Commission, chaired by the Chief Clerk of that Clr created and operating under the Hawaii The Judicial Council serves as an advi cuit. The Commissions are responsible State Constitution, reviews applicants sory board to the Hawaii Supreme for compiling a master list of randomly for judgeships and submits a list of six Court, and assists with the administra selected prospective jurors. The Com nominees to the appointing authority of tion of the judicial system. The missions also review qualification each vacancy. From this list, the members, who serve staggered three forms and prepare a certified list of Governor, with Senate consent, year terms, represent a cross-section persons to serve on juries within the appoints Supreme Court Justices, of business, education, government, calendar year. Intermediate Court Judges and labor and legal fields. The Chief Justice Commissioners of the First Judicial Circuit Court Judges. The Chief Justice acts as chairman of the Council. Circuit are Clyde W. Namuo, chairper appoints District Court and District During fiscal year 1986-87, the son; Lilyan C. Tom; Hilda Bond; Anna Family Court Judges. The Judicial Council submitted nominations to the Stewart; and Henry Wong. . Selection Commission has sole Governor for appointments to the State Commissioners of the Second Jud! authority to act on reappointments to Ethics Commission. Members are: cial Circuit are Robert M. Monden, Herman T. F. Lum, Chairman; Dr. judicial office. . chairperson; Ethel Miyahira; Cynthia Nine members serve on the Commls Mary Bitterman; Walter Chuck; Orsted; Ethel Saka; and Diane Carol sion for staggered terms of six years. Masato Doi; and James E. Duffy. Siebert. Two members are appointed by the Commissioners of the Third Judicial Governor, two by the Chief Justice, and Circuit are Eleanor Mirikitani, one each by the Senate President and chairperson; Miki Murashige; Gloria House Speaker. . Bartolome; Anne Eguchi; and In fiscal year 1986-87, the Commls Masunobu Oga. sion screened and selected nominees Commissioners of the Fifth Judicial for two vacancies in the District Family Circuit are Steven Okihara, chairper Court, First Circuit, two vacancies in son; George Susterich; George Kruse; the District COurt First Circuit, and one Richard Wong; and Emilio Olivas. vacancy in the District Court of the Third Circuit. The Commission reap pointed one District Court, First Circuit Judge and denied retention to two District Court First Circuit Judges. One First Circuit Court Judge retired. Commission members are: Bert T. Kobayashi, Jr., chairperson; Momi Cazimero, vice-chairperson; Gerard A. Jervis, secretary; William L. Flem ing; Harold K. M. Lau; Kenne~h Matsuura; Howard I. Mukai; ClaudiO R. Suyat; James Takushi; Raymond J. Tam; and Tommy Trask. 46 ... '8iWo I Chief Justice Herm3" Lum Judiciary buildings is and Administrative Director selected with the advice Janice Wolf assist Reverend of the Judiciary Arts Mealii Kalama in blessing Committee, headed by the the newly-instailed mural, Judiciary's Admini~trative "Hawaii's First Supreme Director, and coordinated Court," as artist Mataumu with the State Foundation Alisa observes in the on Culture and the Arts, foreground. Art for Commission on For the 1986-87 fiscal year, 34 com plaints were filed against 46 judges. Of Judicial Discipline the 34, two were forwarded with rec ommendations for informal action. The The Commission on Judicial Discipline rest were dismissed for lack of merit or ,:r~ was established when responsibility for conclusive evidence, or because they the disciplining of juJges wa:; transfer lay outside Commission jurisdiction. red from the Governor's Office to the Seven cases w..:re pending at the end of Supreme Court. The commis,;lOn the period. appoints seven commissioners to staggered three-year terms. Rules of the court require that the board seat three licensed attorneys and four "citizens" who are not or haVe not served as attorneys or judges. 47 A special ses,ion of the Court Clerk provide, Hawaii State Supreme -: lerical ,md admini,trative Court is convened in the dutie, for the Board (,,' St'lle Senate Chamber" Examiner". which to admit new members to administer, the Hawaii bar the Hawaii State Bar. The I.!xamination tlliet: yearly. Office of the Supreme The Disciplinary Board of the Hawaii Supreme Court The Disciplinary Board, founded by the Hawaii Supreme Court in 1975, investi gates allegations of misconduct by at torneys, and upon sufficient evidence, issues disciplinary action when necessary. Gerald H. Kibe, Chief Disciplinary Counsel, heads the Office of Disciplinary Counsel which acts as the operational arm of the Disciplinary Board. During the fiscal year 1986-87, 239 complaints were submitted while Board investigations resulted in 220 disposi tions. At the end of the year, 208 complaints were still pending which included carry-overs from previous years. The Board's operations are funded entirely by annual license fees paid by the state's practicing attorneys. At ;:he end offiscal year 1986-87, there were 3,509 such attorneys. Board members are: C. Frederick Schutte, Chairman; James H. Kamo, Vice-Chairman; C. Jepson Garland, Secretary; Edward Y. C. Chun; Albea C. K. Chun-Hoon, M.D.; Helen Gillmor; John Jubinsky; Ivan M. Lui-Kwan; Linda K. C. Luke; B. Martin Luna; Marjorie Higa Manuia; Noboru Nakagawa; Clifford L. Nakea; Dwight M. Rush; Manuel R. Sylvester; Allen C. Wilcox, Jr.; and Stanley F.H. Wong, D.D.S. Oflhe 376 applicants who legal skills before gaining took the bar examination. entrance to the bur by 278. or 73,9 percent. passed representing juvenile die,1ts and :86 wert )icenscd I., through the Juvenik Legal practice law in Hawaii, Defense Clinic of the Ptlblk Law Mudent; can hone their Defender's Office, 48 During an actual trial, cameras in the courtroom television. radio and since its inception III newspaper reporters watch January 1984. By the end the proceedings in a monitor ofi'iscal year 1986-87.641 room nearby. Hawaii's applications for l!xtended Cameras in the Courtroom media coverage had been experiment has allowed the filed for court proceedings. use of television and still Board of Examiners The Board of Examiners is responsible for testing and certifyIng all applicants for the Hawaii Bar. Members include: Daniel G. Heely, chairman; Linda K. C. Luke, vice-chairman; Nathan T. K. Aipa; Clifford Arinaga; John R. Aube; Michael L. Biehl; Edward E. Case; Catherine O. Y. Chang; Annette Y. W. Chock; Robert A. Chong; Darryl Y. C. Choy; William F. Crockett; William H. Dodd, Jr.; Helen W. Gillmor; Matthew S. Goodbody; Colleen K. Hirai; Allen K. Hoe; Matthew T. Ihara; Gerald H. Kibe; Robert G. Klein; James E. T. Koshiba; Benjamin A. Kudo: Valri L. Kunimoto: Collin K. C. Lau; Gary B.K.T. Lee; James W. Lid:e; Laurie A. Loomis; Cora K. Lum; Melody K. MacKenzie; Howard A. Matsuura; William McCorriston; Roy M. Miyamoto; Nola N. Miyasaki; John P. Cmneras in the Moon; Michael 1. Moroney; Miki Okumura; Seth M. Reiss; Sandra A. Courtroom Evaluation Simms; James 1. Stone; Stanley Committee D. Suyat; Fa'auuga L. To'oto'o, Ruth 1. Tsujimura; Lillian R. Uy; Diana L. The two-year Cameras in the Court Van De Car; Iwalani D. White; Donna room Experiment that began in January M. Woo; Dean M. Yamashiro; Patrick 1984 has been twice extended to allow K.S.L. Yim; William W. L. Yuen. cameras into court trials for media and In the fiscal year 1986-87. 420 educational purposes. Surveys of persons filed applications for the bar participants, including defendants, examination. Of the 376 who took the attorneys. judges, jurors and journalists bar examination, 278-or 73.9 percent have been tallied to ascertain the suc -passed and 286 were licensed to cess and benefits of the experiments. practice law in Hawaii. In order to rep The committee will be filing a report resent the statewide legal profession, with the Chief Justice. neighbor island examiners from Committee members include: the Kauai, Maui, and the island of Hawaii Hon. Bambi Weil. chairperson; Peter have been appointed to the Board to Carlisle; John Darvill; Gerald Kato; Ah be an integral part of the bar Jook Ku; James Manke; Barbara Mar examination process. shall; the Hon. Edward Nakamura; Matthew S.K. Pyun Jr.; and Gerald A. Sumida. 49 ~~" ., -, ~ ~. 1 • • ~ ~'4 .," L, > .' -<-, ,'.- >,' ,;:-' -' ~ Court Financial Resources r4~ \, ) T t- L+. -1----1. -- T - ....!'===-__~~c.,~,,~ .. __~~.=.~~ I A.A~Te;F. Ctl.:l . lZ .. rlOVtl'- ~I~~ 12orUNOp... z,.;;;>I! 'IJ L___ ! ~~~~-'-~":-~~~i~~='!~ The Hawaii State Judiciary Expenditures by Source of Funding and Amounts July 1, 1986 to June 30,1987 Court Financial Resources Trust Funds 0.11 % ($58.435) The Hawaii State Legislature makes Federal Funds appropriations for the State Judiciary 0.15o/c ($80,985) with the fiscal year beginning on July 1 State Special and ending on June 30. The Legislature Revenue Fund every biennium determines the Judici 2.23% ($1,198.889) ary's operating and capital improve State Capital ments budget with monies allocated Project Fund from the State General Fund and State 13.99~~ ($7,517,950) Capital Project Fund, respectively. The Total == $53.745,854 Judiciary gets more than 97% of its funds from the State General Fund and State Capital Project Fund. Other sources include federal funds, trust The Hawaii State Judiciary funds and special revenue funds such as Sources and amounts of revenue assessments against each insured motor with disposition of revenue Fiscal Year 1986-87 vehicle. The Judiciary places monies Revenue collected from court costs, fees, fines, and forfeitures into the State General Fund for allocation and disbursement Miscellaneous Revenues to various State departments through 1. 74'7c ($256.999) the Legislature. More than 77% of the Interest court's revenues come from fines and 1.06ck ($156,604) forfeitures. The second largest source, Court Costs. Fees, more than 19%, is made up of court and Charges costs, fees and other charges. 19.56% ($2,884,424) Total == $14.749,941 Disposition of revenue Trust and Agency Funds 0.52<;( ($76,241) State Special Fund Parking Revolving Fund 0.919c ($134,056) State Special Fund Driver Education and Training Fund 9.40'7c ($1,385,990) Total == $14.749,941 52 = The Hawaii State Judiciary The Judiciary's operating State Appropriations by amount and percent of totals General Fund appropriations for fiscal State General Fund and State Capital Project Fund Fiscal Year 1986-87 year 1986-87 was $50,335,387. The Judiciary's centralized purchas ing, payroll and voucher offices work The Judiciary The Judiciary closely with the State Department of $50,335,387 $300,000 Accounting and General Services to 2.91% implement the capital improvement projects. Capital improvement expend itures in recent years have been larger than usual because of increased construction and renovation activity. The Legislature appropriated $300,000 in fiscal year 1986-87 to the Judiciary from the State Capital Project Fund in general obligation bonds. The Hawaii State Judiciary Appropriation for both Circuit Courts and District Courts State General Fund Appropriations by amount and percent of total, Fiscal Year 1986-87 Molokai, Oahu Maui,Lanai Hawaii Kauai, Niihau First Circuit Second Circuit Third Circuit Fifth Circuit $29,442,880 $4,347,774 $3,503,222 $1,379,285 58.49% 8.64% 6.96% 2.74% Statewide Operations Courts of Appeal $ 2, ")1 ,846 4.18% Land Court ITax Court 164,542 .33% Administrative Director Services 8,682,249 17.25% Law Library 713,589 1.41% Total $50,335,387 53 For further information regarding the Hawaii State Judiciary, write to the Public Information Office, 417 S. King Street, Honolulu, ill 96813