Attorney general says
last-minute resolution
unneeded

The law allows state senators to
convene outside the regular
session to pick leaders

If Senate members want to reorganize chamber leadership during the interim, they can do so at any time and did not need to pass a resolution on the final day of the regular session allowing them to return in special session to do so, the Attorney General's Office said.

Under the state Constitution, "the Senate may meet at any time to choose its officers or to adopt or amend its procedural rules, regardless of whether the Senate or the Legislature is in session," according to an opinion dated Friday and written by Deputy Attorney General Charleen M. Aina.

"We also note that we believe that a court would likely find a controversy over these issues nonjusticeable and would likely not reach the merits to affirm or overturn the adoption of Senate rules or the election of Senate officers."

No decision has been made by the Senate on whether to return in special session. Lawmakers also could decide to return in special session to override any vetoes issued by Gov. Linda Lingle.

The resolution, which passed by a 13-12 vote, was seen as a power struggle and an attempt to oust Senate President Robert Bunda (D, Kaena-Wahiawa-Pupukea).

Bunda's office had asked the attorney general to review the legality of the resolution.

"My overriding concern has always been the stability and integrity of the institution," Bunda said in a statement. "Although we anticipated the outcome, we asked for clarification from the attorney general so there would be no doubt or confusion over the rules in the event that the Senate is reorganized in the interim."

Senate Majority Leader Colleen Hanabusa, who rounded up the votes along with Senate Vice President Donna Kim, said Democrats were considering new leadership because the 20-member caucus lacked direction and leadership.

"I think that the attorney general is correct and not interfering with how we govern ourselves," Hanabusa (D, Nanakuli-Makua) said. "It's not that it's needed, it's about how we govern ourselves -- if we want to put it in the rules, we put it in the rules."

Hanabusa had previously challenged Bunda for the presidency, and Kim had been a Bunda supporter who stopped supporting him this year. Bunda also lost the support of Sen. Shan Tsutsui, Democratic caucus leader.

After the resolution passed, Bunda said he also would consider a reorganization.