Law Revision Commission of Hawaii

Law Revision Commission of Hawaii
Name	Law Revision Commission of Hawaii
Formation	1953
Headquarters	Honolulu, Hawaii
Jurisdiction	State of Hawaii
Leader title	Chair
Leader name	Appointed commissioners
Parent organization	Hawaii State Legislature

Law Revision Commission of Hawaii is a statutory body created to facilitate systematic review, clarification, and modernization of the statutory law of the State of Hawaii by preparing revisions, recommendations, and proposed legislation. It operates within the statutory framework established by the Hawaii State Legislature and interacts with the Hawaii Supreme Court, Governor of Hawaii, and executive agencies such as the Hawaii Department of the Attorney General and Hawaii State Archives. The Commission’s work influences codification processes connected to the Hawaii Revised Statutes, legislative sessions of the Hawaii State Legislature, and administrative rulemaking by the Hawaii Administrative Rules.

History

The Commission traces origins to mid-20th century statutory reform movements paralleling efforts in states like California, New York, and Massachusetts. Established by enactment in the Territory of Hawaii transition era and reorganized after statehood, the Commission’s early docket included harmonization with decisions of the Hawaii Supreme Court and revision projects reflecting federal developments such as the Uniform Commercial Code and federal decisions by the United States Supreme Court. Over decades, the Commission coordinated with bodies including the National Conference of Commissioners on Uniform State Laws and engaged with scholars from institutions such as the University of Hawaii at Manoa and the William S. Richardson School of Law. Its history intersects with events like the promulgation of the Hawaii State Constitution amendments and legislative reform waves following reports by the American Law Institute and the National Legal Aid & Defender Association.

Organization and Structure

Statutorily constituted commissioners, appointed by the Governor of Hawaii with advice from the Hawaii Senate, comprise the Commission and serve alongside staff attorneys and researchers recruited from legal centers such as the University of Hawaii Law Library and the Hawaii State Public Defender. Administrative support is coordinated with the Hawaii State Legislature’s legislative staff and the Legislative Reference Bureau. The Commission sets internal committees modeled on comparable entities like the New York State Law Revision Commission and engages consultants from firms and institutions including the American Bar Association, Hawaii State Bar Association, and think tanks such as the Hawaii Appleseed Center for Law and Economic Justice. Its office in Honolulu liaises with county entities including the City and County of Honolulu and the offices of county prosecutors.

Functions and Responsibilities

The Commission prepares proposed revisions, statutory annotations, and technical edits to the Hawaii Revised Statutes, addresses conflicts arising from decisions of the Hawaii Supreme Court and interpretations by the United States Court of Appeals for the Ninth Circuit, and drafts legislative bills for introduction in the Hawaii State Legislature. It reviews session laws following enactments by the Hawaii State Legislature and offers consolidation proposals reflecting federal acts such as the Civil Rights Act of 1964 where state implementation requires statutory adjustment. Responsibilities include redrafting obsolete provisions cited in decisions by the United States Supreme Court and producing uniform acts in concert with the National Conference of Commissioners on Uniform State Laws and recommendations to the Governor of Hawaii and standing legislative committees like the House Judiciary Committee (Hawaii) and the Senate Judiciary Committee (Hawaii).

Major Projects and Publications

Notable Commission projects have included comprehensive recodification efforts of criminal statutes paralleling model codes from the American Law Institute, revisions to family law influenced by decisions in Loe v. Rehm-style litigation, and updates to administrative procedure statutes aligning with trends in the Administrative Procedure Act (United States). The Commission issues reports, draft bills, and annotated compilations used by the Hawaii State Law Library, the William S. Richardson School of Law, and practitioners in cases before the Hawaii Intermediate Court of Appeals. Publications have informed legislative responses to federal mandates such as those from the United States Department of Justice and policy initiatives by the Office of Hawaiian Affairs. The Commission’s reports are cited in legislative histories and by scholars publishing in journals associated with the University of Hawaii Law Review and the Hawaii Bar Journal.

Impact on Hawaii Law and Policy

Through technical revisions and substantive recommendations, the Commission has shaped statutes implicated in litigation before the Hawaii Supreme Court, administrative rulings by agencies such as the Department of Hawaiian Home Lands, and statutes governing institutions like the Hawaii Health Systems Corporation and the Hawaii Public Utilities Commission. Its drafting work affects statutory clarity for entities including the Hawaii State Judiciary, municipal governments like the County of Maui, regulatory boards such as the Hawaii Medical Board, and public-interest organizations including the ACLU of Hawaii and the Hawaii Appleseed Center for Law and Economic Justice. The Commission’s influence extends to statutory implementation relating to federal programs administered through the Department of Housing and Urban Development and coordination with federal courts in the Ninth Circuit.

Criticism and Controversies

Critiques have focused on perceived partisanship in appointments tied to the Governor of Hawaii and the Hawaii Senate confirmation process, debates over transparency compared with other bodies such as the California Law Revision Commission, and disputes about deference to recommendations by interest groups like the Hawaii State Bar Association and the Chamber of Commerce of Hawaii. Scholars at the University of Hawaii at Manoa and advocates from organizations including the ACLU of Hawaii have questioned the balance between technical cleanup and substantive policy change, prompting legislative oversight hearings by committees such as the House Judiciary Committee (Hawaii). Controversies have also arisen when Commission drafts intersected with constitutional claims litigated before the Hawaii Supreme Court and the United States Supreme Court.

Category:Legal organizations based in Hawaii Category:Hawaii law Category:State law reform commissions