Senate Judiciary committee advances wide bill package; defers TRO jail-time increase and debates reapportionment, juror processes and court funding

The Senate Committee on Judiciary met Jan. 28 in Room 016 and by videoconference to consider a multi-bill package, advancing measures on jury administration, court-appointed counsel pay, additional judgeships, family-court compensation and reapportionment while deferring one measure on temporary restraining orders.

The hearing matters because it moves multiple criminal-justice, court-administration and constitutional-amendment proposals closer to final action and records substantive debate on how the judiciary will implement changes such as online juror forms, pay adjustments for jurors and lawyers, and a pilot childcare program for parties and witnesses.

Darsha Forrester, deputy public defender, testified in opposition to SB94, which would raise the mandatory minimum jail term for a first conviction of knowingly or intentionally violating a temporary restraining order from 48 to 72 hours. "We don't see what the efficacy is gonna be," Forrester said, arguing the proposal would "lump everybody into one category without any distinction" between minor technical violations and threatening conduct and urging either deferral or language that requires mental-health assessment and tailored responses. Angeline Mercado, executive director of the Hawaii State Coalition Against Domestic Violence, also urged deferral and warned that the bill's mental-health assessment language could produce harmful conflations of causality and that the State lacks sufficient qualified evaluators to perform the assessments the bill would require.

The committee deferred SB94, with the chair citing the measure's narrow focus on TROs and the existence of several companion bills addressing protection-order violations.

Law and consumer-finance topics drew extended discussion. Marvin Dang, testifying for the Hawaii Financial Services Association on SB115 (attachment/execution of real property), asked the committee to clarify that the exemption applies to creditor attachment and not real-property taxation and to consider limiting the exemption to primary residences. Committee discussion centered on raising both exemption categories to $90,000 and removing gendered language; the chair recommended passage with amendments to make the definition gender-neutral and set the exemption at $90,000.

SB124, a proposed constitutional amendment to require reapportionment be based on resident population counted in the decennial census rather than the state's current "permanent resident" language, prompted extended, divided testimony. Scott Smart, a longtime participant in reapportionment proceedings, argued the current permanent-resident rule produces arbitrary district assignments for military and other residents and urged counting residents for representation. Shannon Mattson, a Hawai'i Island resident, testified in opposition, arguing rural undercounts (PO boxes, limited internet, inaccessible parcels) could further shortchange fast-growing districts such as Puna. The committee moved the measure forward with amendments to the ballot preamble and language; the record shows at least two senators registered no votes on the measure.

Jury administration and juror pay were a focus. The committee advanced SB261, which raises daily juror pay, and discussed increasing the committee-report figure to $75 per day (the bill text sought $50). Michelle Acosta, deputy chief court administrator, described modernization plans and told the committee the judiciary is considering ways to make jury service less burdensome. The committee also advanced SB262, which would let the judiciary determine the format and means of delivering and returning the juror qualification form (for example, mailed questionnaires with QR codes and an online portal). The Office of the Public Defender and others urged safeguards for populations with limited internet or mail access; one senator asked that the judiciary adopt court-rule-like procedures so the bar and public have notice before any change. The committee passed SB262 with amendments and recorded a stated reservation from a senator about giving the judiciary broad discretion without rulemaking.

The shortage of attorneys willing to accept court-appointed criminal cases was raised repeatedly during hearings on SB263 (raise compensation and maximums for court-appointed counsel in criminal proceedings). Jennifer Wong, staff attorney for the Criminal Administrative Division, and Deputy Public Defender Darsha Forrester described shrinking appointment lists, especially in Kona, and urged higher pay to attract and retain counsel. Several retired or part-time attorneys described travel burdens and lack of paralegal billing as barriers. The committee advanced SB263 and noted a committee-report appropriation request of $2,890,000 for the biennium.

Related court-administration bills advanced included SB264 (compensation for private-sector examiners who evaluate penal responsibility or fitness to proceed; committee report notes an increase to $2,000 per exam and a biennium appropriation of $975,000) and SB265 (increase compensation caps for court-appointed counsel and guardians ad litem in family-court proceedings). The committee also advanced SB266 and SB267 to authorize one additional district-court judgeship in the First Circuit (Oahu) and a second district-court judge in the Third Circuit (Kona) respectively; written testimony and Judiciary witnesses documented heavy caseloads in Kona and the First Circuit.

The committee approved a three-year judiciary pilot to provide free childcare services for minor children of parties and witnesses attending hearings in the First Circuit (SB173). Rodney Miley, administrative director of the courts, and Deputy Public Defender Forrester described frequent disruptions and the risk of losing parties or witnesses when childcare is unavailable. The committee's report will note a $400,000 appropriation request for the pilot.

Votes at a glance

- SB94 (temporary restraining orders: increase mandatory minimum jail time 48 -> 72 hours): Deferred. Chair cited narrow scope and overlapping bills; public defender and domestic-violence coalition urged deferral. (Action: deferred)

- SB115 (attachment/execution of real property; increase exemption): Passed with amendments (chair recommended $90,000 for both classes; conforming, gender-neutral definition). (Action: passed with amendments)

- SB117 (protect certain claimants from defamation suits unless malice proven): Passed (committee recommended moving the measure forward). (Action: passed)

- SB121 (allow Senate more time to confirm judicial appointments when not in regular session): Passed unamended. (Action: passed)

- SB124 (constitutional amendment: reapportionment based on resident population): Passed with amendments to preamble/language; recorded no votes noted in the record. (Action: passed with amendments; dissent recorded)

- SB175 (increase mandatory retirement age for judges/justices 70 -> 75): Passed with technical amendments; at least one no vote recorded. (Action: passed with amendments)

- SB173 (pilot childcare for parties/witnesses in First Circuit): Passed with amendments; committee report to note $400,000 appropriation request. (Action: passed with amendments)

- SB261 (increase juror pay): Passed with amendments; committee report will state a proposed daily rate of $75 and deferral of explicit appropriation amounts. (Action: passed with amendments)

- SB262 (juror qualification form: allow judiciary to determine format/method): Passed with amendments; at least one committee reservation recorded about judiciary discretion and rulemaking. (Action: passed with amendments; reservation noted)

- SB263 (increase rates/caps for court-appointed counsel in criminal cases): Passed with amendments and committee-report appropriation noted ($2,890,000 biennium). Testimony described a statewide shortage of appointed counsel. (Action: passed with amendments)

- SB264 (compensation for private examiners evaluating fitness/penal responsibility): Passed with amendments; committee report notes increased per-exam payment and a $975,000 biennium appropriation. (Action: passed with amendments)

- SB265 (increase rates and caps for court-appointed counsel and guardians ad litem in family court): Passed unamended; committee noted support from judges and legal-aid stakeholders. (Action: passed)

- SB266 (one additional First Circuit district-court judgeship): Passed unamended; written testimony confirmed prior legislative funding of the salary. (Action: passed)

- SB267 (additional Third Circuit/Kona district-court judgeship): Passed unamended; testimony documented heavy Kona caseload (one judge handling ~16,000 cases annually). (Action: passed)

What the record shows about next steps

Most measures were advanced to the next stage with committee recommendations recorded in the hearing transcript and committee report notes (appropriation requests, effective-date deferrals, and suggested amendments). Several witnesses asked the committee to refine statutory language (for SB94 and SB115) or to require the judiciary to publish procedures before changing juror-qualification delivery practices (SB262). The transcript records both agreement and dissent: members explicitly registered no votes or reservations in committee on several measures; those notations are captured in the committee minutes and will be reflected in the committee report.

Ending: The committee concluded business and scheduled the next meeting; several measures moved forward with amendments and committee-report appropriation notes while SB94 was deferred for further work.