Chief Justice Mark E. Recktenwald's Response to Report of the 2023 Bench-bar Conference

• Citation: Vol. 28 No. 10
• Year: 2024

Chief Justice Mark E. Recktenwald's Response to Report of the 2023 Bench-Bar Conference

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INTRODUCTION

On behalf of the Hawai'i State Judiciary, I want to thank all those who participated in the 2023 Bench-Bar Conference. In addition, I express my appreciation to the Hawai'i State Bar Association ("HSBA") Committee on Judicial Administration ("JAC"), in particular co-chairs Associate Justice Simeon R. Acoba (ret.) and Associate Justice Vladimir Devens, for organizing the conference and preparing the resulting report.

The Bench-Bar Conference always provides an invaluable opportunity for the Judiciary to engage in robust discussions with the bar to improve the administration of justice. This year, nearly 250 people attended the conference, which was held remotely through the Zoom meeting platform on September 29, 2023. Participants included 190 attorneys, over 50 justices and judges, and a number of court administrators. We particularly appreciate those from Maui who participated despite the tragic wildfires, which occurred less than two months before. The Judiciary is committed to carefully considering all of the feedback and comments raised at the conference. As in past years, the suggestions from the report of the 2023 Bench-Bar Conference were reviewed and considered by me, our Chief Judges, and the Administrative Director of the Courts. The report has also been shared with all our judges.

As I do every year, it is my privilege to support the important work of the JAC and provide this response to the conference report.

COMMON TOPICS

The common topics this past year focused on key areas that are fundamental to the practice of law and administration of justice: civility, training and continuing education, and communication.

Civility is a core underlying principle of professionalism that contributes to effective advocacy and the integrity of the justice system. I was encouraged to hear that the consensus among most of the groups was that both the bench and bar are respectful to one another and have embraced the aspirational tenets set forth by the Guidelines of Professional Courtesy and Civility for Hawai'i Lawyers. The discussion around this topic served as a reminder to everyone that we must all work to uphold these values. In the past, a joint Hawai'i State Trial Judges Association ("HSTJA") and the HSBA Committee served as a productive forum to resolve these types of concerns about judges and attorneys in a confidential manner. In her role as President of the HSTJA, Judge Kirstin Hamman has been in communication with HSBA President Jesse Souki about reinvigorating the work of HSTJA-HSBA Committee. I truly appreciate their efforts to pursue this as an option to improve the profession on an ongoing basis.

Over the past few years, the courts have evolved with the integration of remote hearings into operations across the state, and accordingly it was an opportune time to discuss how to promote civility in this new environment. In August 2023, the Judiciary in partnership with the HSBA co-sponsored a continuing legal education ("CLE") presentation entitled: "A View from the Bench: Decorum, Ethics and Civility During the Age of Remote and Hybrid Court," which also touched upon similar issues. The panel was led by Judge Melanie May together with Judge Brian Costa, Judge M. Kanani Laubach, and Judge James Rouse. They discussed courtroom decorum, ethics, and

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professionalism, as well as the benefits and challenges of remote hearings, including the expectations for attorneys appearing remotely. The turnout for this event was excellent, with almost 100 attorneys attending the event live and receiving their mandatory ethics credit. For those of you who were not able to join, a recording of the event is available on the HSBA CLE Webcast Recordings Library.

Ongoing training and continuing education are essential to professional development for both the bench and the bar. We are committed to providing the judges with training opportunities and convene judicial education conferences twice a year on a diverse range of topics. There is a Judicial Education Committee ("JEC") in place that plans the programming for these judicial conferences held over two days in the fall and in the spring. I am grateful to the JEC for all their efforts throughout the year to ensure these events are informative and productive. My thanks go out to Judge Gary Chang (ret.) for his longstanding leadership of the JEC over the past 15 years, and to Judge Kevin Morikone who will carry on this work as the current Chair, as well as Supreme Court liaison Justice Todd Eddins.

One of the suggestions from the Circuit Court Civil Groups was that judges should receive uniform training on the handling of settlement conferences. Following the Bench-Bar Conference last year, I referred this recommendation to the JEC for consideration. I am pleased to report that as a result, a two-hour session conducted by the Mediation Center of the Pacific on this issue was included as part of the Spring Judicial Conference held in April of this year.

Another topic that was recommended as an area ripe for additional training for judges was artificial intelligence ("AI"). At the past two judicial conferences, there were presentations about generative AI, which included a demonstration of the tools being marketed commercially to the public and to

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the legal profession, as well as discussion of new rules and court orders from across the country concerning the use of AI in court proceedings. As interest and widespread use of AI grows, we must be prepared to respond. In light of this, I established the Committee on Artificial Intelligence and the Courts ("CAIC") to carefully research and consider how this emerging technology might be used effectively in the courts. Among other things, the CAIC will: identify AI capabilities, limitations, and risks; explore how to appropriately implement AI into court operations; provide guidance...