UNITED STATES DISTRICT COURT
DISTRICT OF HAWAII
300 ALA MOANA BLVD., C-415
HONOLULU, HAWAII 96850

Commission on Structural Alternatives
for the Federal Courts of Appeals
Thurgood Marshall Federal Judiciary Bldg.
One Columbus Circle NE
Washington, D.C. 20544

Your Honors:

The undersigned submits the following statement in conjunction with his testimony before your Commission at the hearing in San Francisco on May 29, 1998.

All of the Judges of the United States District Court for the District of Hawaii are in agreement that the Ninth Circuit should remain fully intact. We strongly oppose any split of the Ninth Circuit. We feel that it is in the best interest of Hawaii to be a member of the largest and perhaps most influential circuit. We believe that, notwithstanding its size and several judicial vacancies, the Ninth Circuit is operating in a relatively efficient manner. Moreover, the Ninth Circuit has been a pioneer in the areas of self-study and creative innovation in adapting to change. Additionally, with the significant increase in number of cases being filed each year and the corresponding need for additional judges, it is evident that in the near future other circuits will likewise need to cope with similar problems now faced by the Ninth Circuit. It is further our conclusion that the interests of Hawaii have been well represented and recognized within the Ninth Circuit (with the exception that Hawaii does not have an active Judge on the Ninth Circuit Court of Appeals).

Any split of the Ninth Circuit would generate substantial expense. Administrative expense alone would probably double, and at least one new appellate court building would have to be constructed. Finally, implementation of any split of the Ninth Circuit would be extremely disruptive to the judicial process as well as to the personnel involved.

However, in the alternative, should it be determined that the Ninth Circuit must be split, then all of our Judges feel that it would be in the best interest of Hawaii to be included with the Northwest Pacific states (sometimes referred to as the proposed new Twelfth Circuit) rather than being aligned with California and perhaps one or two other states (sometimes referred to as the proposed Ninth Circuit). While Hawaii has an affinity to California law as well as commercially and in other respects, we feel that this nexus is sharply outweighed by the status Hawaii would have as an inconsequential adjunct district in a circuit dominated by California. Moreover, Hawaii has similar ties to the Pacific Northwest.

Thank you for the opportunity to present to you the position of the Judges of the District of Hawaii.

Very truly yours,

Alan C. Kay

ACK:ask
cc: Judge David A. Ezra
Judge Helen Gillmor