A state House resolution asking the Legislative Reference Bureau to study the cost of a possible constitutional convention has caught the attention of the state Attorney General and some lawmakers who wonder whether it is politically motivated.

State House Majority Leader Kirk Caldwell, D-24th (Mänoa, McCully), proposed the resolution so voters would have some idea of the cost when they vote in November whether to hold a convention. The LRB report would be due in September to give lawmakers and voters enough time to review the results.

“I think it’s really important to know how much a con-con is going to cost,” said Caldwell, who added he has not made up his mind about whether a convention is necessary.

But state Attorney General Mark Bennett and others question why the study would not look at all of the possible alternatives for a convention instead of just the most expensive.

A People’s Pulse winter poll found that the number of people who oppose a convention increased when the projected cost was higher. For example, 53 percent oppose a convention that would cost between $10 million and $15 million; 65 percent oppose a convention that would cost between $15 million and $19 million; and 75 percent oppose a convention that would cost $20 million or more.

Here’s how the resolution describes a convention for the LRB study:

(1) Convene not less than five months prior to the next regularly scheduled general election;

(2) Be held at a leased facility in Honolulu large enough to accommodate the general operations of the constitutional convention, including plenary sessions, large committee meetings, and informational sessions and to house offices for the delegates;

(3) Be likely to have one hundred two delegates;

(4) Require appropriate staff to ensure public input and facilitate operation of the constitutional convention; and

(5) Involve adequate compensation for both delegates and staff;

Bennett described it as the “Cadillac or Lamborghini of con-cons” and urged lawmakers to consider estimates involving fewer delegates, the use of public buildings, and government employees as staff. “It shouldn’t be prejudged,” he said.

State Rep. Della Au Belatti, D-25th (Tantalus, Makiki, McCully), said cost is an important factor and should be fully examined. She has an alternative resolution that would create a task force of administration officials and lawmakers to look into the cost of a convention.

“It would be unfortunate, I think, to be accused of playing politics,” Belatti said.

The House Judiciary Committee is expected to vote on Caldwell’s resolution this afternoon.

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State Senate President Colleen Hanabusa, D-21st (Nänäkuli, Mäkaha), will get the chance to choose a new member of the influential state Judicial Selection Commission when Melvin Chiba, the president and chief executive officer of the Kaua’i Community Federal Credit Union, completes his six-year term in April.

Insiders believe Hanabusa will pick George Masuoka, a retired Kaua’i Circuit Court judge who is respected in the legal community. But there is a wrinkle. The state constitution -- Article VI, Section 4 -- states that no more than four of the nine commission members can be licensed attorneys.

Masuoka would be the fifth but he has voluntarily put himself on the inactive list.

Some argue that a Masuoka appointment would be an obvious attempt to get around the constitution. “No matter how you spin it, this is contrary to the intent of the constitution,” one source said.

Hanabusa said in a statement last night that any discussion about who she may appoint is “purely speculative.”

However, in general, we should keep in mind that while the Hawai’i Constitution limits the number of members of the Commission who are `licensed attorneys,’ there is no limitation on the number who may have had training or experience in the law.

The wording of the constitutional provision leaves that possibility open, and I think that was intentional.

I believe it is perfectly consistent with the letter and the spirit of the law to consider candidates who have had legal experience, but who do not hold active licenses. I also think it would be a real benefit to the Commission to include a member who has had actual experience on the bench.

The Judicial Selection Commission vets applications for all judicial vacancies and forwards potential nominees to the governor and the chief justice of the state Supreme Court. The commission also does performance evaluations that determine whether judges should be retained in office.

The feud between state Rep. Josh Green, D-6th (N. Kona, Keauhou, Kailua-Kona), and the Hawai’i Medical Service Association is on full tilt.

Green, a Big Island doctor and chairman of the House Health Committee, had a staffer yesterday call HMSA to return a courtesy lunch cooler with a basil plant and assorted goodies promoting HMSA’s “Eat Healthy” campaign.

Last session, Green said he sent back HMSA cupcakes and brownies and he is in the process of returning $550 in campaign contributions from 2005 and 2006 from HMSA’s political action committee.

“Last year, they sent over a bunch of cupcakes and brownies, and I returned them because they were trying to make up for calling me a liar,” Green said. “This year, they’ve killed many of my bills with their government relations team and they deliver me some kind of basil. You know, I’d rather they spend the time coming to talk to me about some of the healthcare problems.

“They can have their money and their plant and their cupcakes back.”

HMSA distributed the lunch coolers, plants and goodies to all lawmakers, not just to Green. Lawmakers got basil, parsley or oregano with healthy recipes to match the herb. HMSA will have a table at the state Capitol on Thursday for Ag Day.

“It’s sort of a theme of sustainability for yourself. Eat healthy, eat well, sustain yourself,” Jennifer Diesman, HMSA’s director of government relations, explained.

Diesman chose not to comment on any beef with Green. “I don’t really know what to say about that, to be honest,” she said. “We work with all legislators. We provide information to all legislators. We take the role to educate on healthcare issues seriously.”

State Sen. Brian Taniguchi, D-10th (Mänoa, McCully), the chairman of the Senate Judiciary and Labor Committee, asked news media and law enforcement leaders to meet by Friday to see if there is potential for a compromise on a proposed shield law for reporters.

The main issues in dispute:

*How to cover bloggers or citizen journalists. The state Attorney General's office believes the bill is so broad it would protect bloggers, people who pass out leaflets, or one-time posters on Internet Web sites.

*Whether a three-part balancing test for disclosure of information should apply to civil or criminal cases. The test requires the party seeking the disclosure to show by convincing evidence that the information is unavailable despite the exhaustion of all reasonable alternatives, is noncumulative, and is necessary and relevant to the case.

*Whether there should be an exception for law enforcement investigations.

*Whether there should be an exception for reporters who are witnesses to crimes.

*Whether unpublished notes or other material should be protected even if there is no expectation from the source that the material is confidential.

Jeff Portnoy, an attorney representing a group of traditional news media interests, academics and bloggers, said the group would prefer no bill to a flawed bill that contains too many exceptions and does not protect unpublished material.

He said much of the public discussion about shield laws is over protecting the identities of confidential sources but that, in practice, many news media subpoenas involve unpublished material where there were no promises of confidentiality.

“We’d probably take our chances in court,” Portnoy said after a committee hearing on the bill today.

State Attorney General Mark Bennett said he supports the concept of the bill and is willing to meet with Portnoy.

Bennett and Portnoy agree that the three-part test for disclosure, if included, should apply to criminal cases, where a reporter’s privilege would be weighed against a defendant’s right to a fair trial.

Traditional news media organizations, Portnoy said, would also prefer that the test apply only to bloggers.

But there is likely less common ground on an exception for law enforcement investigations or on protecting unpublished material.

Taniguchi said he wanted to see if any progress could be made by Friday. He is willing to give the parties involved until next Tuesday to draft a compromise.

Taniguchi said that, if he chooses to move a bill, he may add provisions not found in the House version to position for debate in conference committee.

“I’m not clear whether the bill is right to be passed this session,” he said. “But we may just pass something on to conference to further the discussion.”