RETENTION OF PETITIONERS

A. When a judge or justice petitions the commission pursuant to Section 3 of Article VI of the Constitution of the State of Hawai‘i to be retained in office, the commission shall promptly upon receipt of such petition commence an investigation into qualifications of the petitioner for continued judicial office. Every petitioner shall complete forms prescribed by the commission. The petitioner, by giving notice to the commission, may withdraw the petition for retention before the issuance of an order by the commission under Rule 12F. B. The commission shall publicize the fact that the judge or justice has petitioned for retention in such a manner as it deems appropriate to the need that all persons who might have an interest in the subject matter be given an opportunity to submit their views. C. At any meeting of the commission held for the purpose of considering a petition filed pursuant to this rule, the chairperson or acting chairperson may administer oaths and affirmations to any person testifying at such meetings. D. The commission may compel by subpoena the attendance of witnesses by hearings under this rule and the production of pertinent books, papers and documents. Writs of subpoena shall be signed by the chair or acting chair and attested to by the secretary or acting secretary. The circuit court of any circuit in which a subpoena is served or in which the attendance is required may, upon proper application, enforce the attendance and testimony of any witness and the production of any documents so subpoenaed. Subpoena and witness fees and mileage shall be the same as in civil cases in the circuit courts. E. The commission shall interview the petitioner and may hold hearings which, at the discretion of the commission, may be either opened or closed to the public and which interested parties may testify before the commission ; provided, however, that the opening of such hearing shall preserve and enforce the confidentiality requirements of Rule 5, Section Two, A of these rules. The commission shall make a determination that the petitioner should or should not be retained in office, and the commission shall attempt to make its decision within ninety days prior to the expiration of the petitioner’s then current term of office. Voting by the commissioners on the question of the granting or denial of the petition shall be by secret ballot. Prior to voting, the commission members may engage in discussion as to whether the petitioner should or should not be retained. The term of a petitioner may not be extended except by a majority vote of the commissioners as provided by Rule 6D. (Amended and effective 10/19/21; further amended and effective 11/09/2021; further amended and effective 3/16/2022) F. The commission shall issue an order upon making a determination that the petitioner should or should not be retained in office. The order shall renew the term of office of the petitioner for the period provided by law if the determination is that the petitioner should be retained in office. The order shall state that the petition has been denied if the determination is that the petitioner should not be retained in office.