TheBuzz
Erika Engle
New Hawaii business
court gets gaveled
into possibilityTo have or not to have, that is the question. A 15-member committee will study whether Hawaii needs a business court.
The Special Committee on Business Courts was assembled by the Hawaii Chapter of the American Judicature Society.
"This is a mere inquiry into whether Hawaii should or should not have a business court. It would be a specialized court, very much like you see drug court," said Judge James Burns, chapter chairman.
There are no preconceived notions, he said. "It's merely because people across the country have done it and the question is, shall we?"
The Hawaii State Bar Association has seen the issue buzzing around for years, according to Executive Director Coralie Chun Matayoshi.
Business courts handle cases involving volumes of documents and often several parties, she said. "It's not meant for the kind of stuff that would end up in Small Claims Court, it's more specialized."
Eleven states have business courts, according to Honolulu attorney Lawrence Okinaga, board member and former national president of the Judicature Society.
Business courts came out of attempts to make judicial administration more effective, he said.
"In addition, there was perceived need that with technology and complex high-tech coming in, that there was a need for specialized judges and special types of courts that have judges who can really understand businesses and who like to handle those kinds of cases."
Different states have different guidelines on the types of cases that qualify for business court.
But that all jumps the gun.
"This committee is not necessarily saying that business courts are a good thing for Hawaii," Okinaga said. "There are issues that this committee needs to face." Materials are being assembled for the committee's first meeting April 23.
There are people who might say business courts are elitist, serving businesses at the expense of the consumer. There is the question of how to incorporate a business court into the structure of the state Judiciary. Not all judges enjoy reviewing accounting statements or the detail of business cases and documentation.
"There're a lot of aspects to look at and AJS wanted to be sure that the committee represented as many views relating to whether or not Hawaii should adopt business courts," he said.
The committee is primarily made up of judges and attorneys but includes representatives from the business and nonprofit sectors as well.
"We want to be an objective committee with open minds, to deliberate and make the best decision for our state and the judiciary."
American Judicature Society
Erika Engle is a reporter with the Star-Bulletin.
Call 529-4302, fax 529-4750 or write to Erika Engle,
Honolulu Star-Bulletin, 500 Ala Moana Blvd., No. 7-210,
Honolulu, HI 96813. She can also be reached
at: eengle@starbulletin.com