Rule 102.1  Effect of commentary.  The
commentary to these rules when published may be used as an aid in understanding
the rules, but not as evidence of legislative intent. [L 1980, c 164, pt of §1]



 



RULE 102.1 COMMENTARY



 



  This rule has no Fed. R. Evid. counterpart.  It
closely resembles Hawaii Rev. Stat. §701-105 (1976), which limits the effect of
the penal code commentary because, as the commentary to that section points
out, "of the strong judicial deference given legislative committee reports
and other evidence of legislative intent authored by the Legislature or its
staff."  See State v. Aiu, 59 H. 92, 98, 576 P.2d 1044, 1049 (1978); State
v. Anderson, 58 H. 479, 483, 572 P.2d 159, 162 (1977); State v. Alo, 57 H. 418,
426-27, 558 P.2d 1012, 1017 (1976); State v. Nobriga, 56 H. 75, 77, 527 P.2d
1269, 1273 (1974).