HAWAII REVISED STATUTES TITLE 32
COURTS AND COURT OFFICERS
CHAPTER 602
COURTS OF APPEAL
(Updated November 1, 1997)
PART I: SUPREME COURT
602-1 HOW CONSTITUTED
602-2 SALARY, SUPREME COURT JUSTICES
602-3 ABSENCE, DISABILITY, ETC., OF CHIEF JUSTICE
602-4 SUPERINTENDENCE OF INFERIOR COURTS
602-5 JURISDICTION AND POWERS
602-5.5 DISPOSITION OF JUDICIARY RECORDS
602-6 CRITERIA FOR ASSIGNMENT OF CASES
602-7 OATHS, SUBPOENAS
602-8 TERMS
602-9 SESSIONS, WHERE
602-10 FULL COURT; ORAL ARGUMENT; SUBSTITUTE JUSTICES
602-11 RULES
602-12 REPEALED
602-13 REPEALED
602-16 REPEALED
602-21 RENUMBERED.
602-22 TO 602-24 REPEALED
602-31 TO 602-34 REPEALED
602-36, 602-37 REPEALED
PART II: INTERMEDIATE APPELLATE COURT
602-51 HOW CONSTITUTED
602-52 SALARY
602-53 TERMS
602-54 SESSION, WHERE
602-55 PANELS; SUBSTITUTE JUDGE
602-56 ABSENCE, DISABILITY, OF THE CHIEF JUDGE
602-57 JURISDICTION
602-58 MOTION FOR CERTIFICATES OF REASSIGNMENT TO THE SUPREME COURT
602-59 APPEALS FROM DECISION OF THE INTERMEDIATE APPELLATE COURT, CERTIORARI
PART I. SUPREME COURT
HRS Section 602-1 How constituted
The supreme court, pursuant to section 2 of article VI of the Constitution, shall consist of a chief justice and four associate justices.
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HRS Section 602-2 Salary, supreme court justices
Effective January l, 1989, the salary of the chief justice of the supreme court shall be $90,699 a year and the salary of each associate justice of the supreme court shall be $89,699 a year. Effective January 1, 1990, the salary of the chief justice of the supreme court shall be $94,780 a year and the salary of each associate justice of the supreme court shall be $93,780 a year.
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HRS Section 602-3 Absence, disability, etc., of chief justice
Wherever, by the provisions of any law of the State, any act is required to be performed by the chief justice of the supreme court, the act may (unless otherwise expressly provided) be performed, in case of a vacancy in the office of chief justice, or if the chief justice is ill, absent, or otherwise unable to serve, by an associate justice of the court designated in accordance with the rules of the supreme court.
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HRS Section 602-4 Superintendence of inferior courts
The supreme court shall have the general superintendence of all courts of inferior jurisdiction to prevent and correct errors and abuses therein where no other remedy is expressly provided by law.
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HRS Section 602-5 Jurisdiction and powers
The supreme court shall have jurisdiction and powers as follows:
(1) To hear and determine all questions of law, or of mixed law and fact, which are properly brought before it on any appeal allowed by law from any other court or agency;
(2) To answer, in its discretion, any question of law reserved by a circuit court, the land court, or the tax appeal court, or any question or proposition of law certified to it by a federal district or appellate court if the supreme court shall so provide by rule;
(3) To entertain, in its discretion, any case submitted without suit when there is a question in difference which might be the subject of a civil action or proceeding in the supreme court, circuit court, or tax appeal court, and the parties agree upon a case containing the facts upon which the controversy depends;
(4) To exercise original jurisdiction in all questions arising under writs directed to courts of inferior jurisdiction and returnable before the supreme court, or if the supreme court consents to receive the case arising under writs of mandamus directed to public officers to compel them to fulfill the duties of their offices; and such other original jurisdiction as may be expressly conferred by law;
(5) To issue writs of habeas corpus, or orders to show cause as provided by chapter 660, returnable before the supreme court or a circuit court, and any justice may issue writs of habeas corpus or such orders to show cause, returnable as above stated;
(6) To make or issue any order or writ necessary or appropriate in aid of its appellate or original jurisdiction, and in such case any justice may issue a writ or an order to show cause returnable before the supreme court;
(7) To make and award such judgments, decrees, orders and mandates, issue such executions and other processes, and do such other acts and take such other steps as may be necessary to carry into full effect the powers which are or shall be given to it by law or for the promotion of justice in matters pending before it.
(8) All cases addressed to the jurisdiction of the supreme court or of the intermediate appellate court shall be filed with the supreme court as shall be provided by rule of court. The chief justice or the chief justice's designee from any of the associate justices or the intermediate appellate judges, shall receive each case and shall assign the case either to the intermediate appellate court or to the supreme court within twenty days of the filing deadline for the last document permissible to be filed in the case pursuant to court rule.
(9) The supreme court may order the immediate reassignment of a case to itself after its assignment to the intermediate appellate court whenever the supreme court in its discretion deems that the case concerns an issue of imperative or of fundamental public importance.
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HRS Section 602-5.5 Disposition of judiciary records
Notwithstanding the provisions of section 94-3, the supreme court shall determine the care, custody, and disposition of all judiciary case, fiscal, and administrative records. A record of dispositional activity shall be maintained stating whether a record was retained by the judiciary, transferred to public archives, the University of Hawaii, the Hawaiian Historical Society, or other agency, or destroyed. This record shall be kept on forms specified by the supreme court. The original copy of the record shall be filed in the public archives. One copy of the record shall be filed with the court in which the records originated, one copy with the office of the attorney general, and one copy with the comptroller.
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HRS Section 602-6 Criteria for assignment of cases
In assigning a case to the appropriate court of appeal under section 602-5(8), the chief justice or the chief justice's designee may consider the following among other relevant matters and their substantiality in determining whether the case involves a question of such importance that it should be assigned to the supreme court:
(1) Whether the case involves a question of first impression or presents a novel legal question; or
(2) Whether the case involves a question of state or federal constitutional interpretation; or
(3) Whether the case raises a question of law regarding the validity of a state statute, county ordinance, or agency regulation; or
(4) Whether the case involves issues upon which there is an inconsistency in the decisions of the intermediate appellate court or of the supreme court; or
(5) Whether the sentence in the case is life imprisonment without possibility of parole.
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HRS Section 602-7 Oaths, subpoenas
The supreme court may compel the attendance of witnesses and the production of books, papers, documents or tangible things, and any justice may administer oaths.
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HRS Section 602-8 Terms
The supreme court shall be deemed to be in continuous session. The court shall be deemed always open for filing papers, issuing and returning process, and issuing orders.
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HRS Section 602-9 Sessions, where
The supreme court shall sit in Honolulu; provided that the chief justice may appoint a different place for the sitting of the court, pro tempore.
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HRS Section 602-10 Full court; oral argument; substitute justices
Parties shall be entitled to bring an appeal before a full court. Oral argument shall be before a full court; provided that in an appropriate case the court in its discretion may dispense with oral argument. In case of a vacancy, or if a justice of the supreme court is disqualified from sitting in any case pending before the supreme court, or is unable to attend, or is absent, or is excused or has been excused, the vacancy or the place of such justice may be temporarily filled by a circuit judge designated by the chief justice or by the appointment of a justice who has retired from the supreme court. Such retired justice chosen to serve as substitute justice shall not be actively engaged in the practice of law. A retired justice, when sitting as substitute justice, shall be compensated at a rate of pay of associate justices of the supreme court. When necessary, the court may consist of five circuit judges, so designated or five retired justices so appointed or any combination of circuit judges and retired justices. After oral argument of a case, if a vacancy arises or if for any other reason a justice is unable to continue on the case, the case may be decided or disposed of upon the concurrence of any three members of the court without filling the vacancy or the place of such justice.
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HRS Section 602-11 Rules
The supreme court shall have power to promulgate rules in a civil an criminal cases for all courts relating to process, practices, procedure and appeals, which shall have the force and effect of law. Such rules shall not abridge, enlarge, or modify the substantive rights of any litigant, nor the jurisdiction of any of the courts, nor affect any statute of limitations.
Whenever in a statute it is provided that the statute is applicable "except as otherwise provided," or words to that effect, these words shall be deemed to refer to provisions of the rules of court as well as other statutory provisions.
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HRS Section 602-12 Repealed
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HRS Section 602-13 Repealed
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HRS Section 602-16 Repealed
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HRS Section 602-21 Renumbered as Section 602-11
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HRS Sections 602-22 to 602-24 Repealed
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HRS Sections 602-31 to 602-34 Repealed
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HRS Section 602-36 Repealed
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HRS Section 602-37 Repealed
PART II. INTERMEDIATE APPELLATE COURT
HRS Section 602-51 How constituted
The intermediate appellate court shall consist of a chief judge and three associate judges. The chief judge, who shall be specifically selected, shall supervise the administrative duties of the court.
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HRS Section 602-52 Salary
Effective January 1, 1989, the salary of the chief judge of the intermediate appellate court shall be $87,199 a year and the salary of each associate judge shall be $85,699 a year. Effective January 1, 1990, the salary of the chief judge of the intermediate appellate court shall be $91,280 a year and the salary of each associate judge shall be $89,780 a year.
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HRS Section 602-53 Terms
The intermediate appellate court shall be deemed always to be in continuous session. The court shall be deemed always open for filing papers, issuing and returning process, and issuing orders.
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HRS Section 602-54 Session, where
The intermediate appellate court shall sit in Honolulu; provided that the chief judge may appoint a different place for the sitting of the court, pro tempore.
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HRS Section 602-55 Panels; substitute judge
Parties shall be entitled to a hearing before a panel of not less than three intermediate appellate judges. In the event the number of available intermediate appellate judges is insufficient to make up a panel because of vacancy or disqualification, the chief justice of the supreme court may designate circuit judges or retired intermediate appellate judges or retired supreme court justices to temporarily fill such need. The assignment to a panel shall rest in the discretion of the chief judge. A judge serving temporarily shall not be actively engaged in the practice of law. Substitute judges shall be compensated per them at a rate of pay equivalent to that of associate intermediate appellate judges.
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HRS Section 602-56 Absence, disability, of the chief judge
Whenever, by the provisions of any law of the State, any act is required to be prepared by the chief judge of the intermediate appellate court, the act may be performed, in case of a vacancy, or illness, absence or disability, by an associate judge designated in accordance with the rules of the supreme court.
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HRS Section 602-57 Jurisdiction
The intermediate appellate court shall have concurrent jurisdiction with the supreme court on all matters set out in section 602-5(l) through (7), subject to assignment of cases set out in section 602-5(8).
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HRS Section 602-58 Motion for certificates of reassignment to the supreme court
(a) The intermediate appellate court may entertain a motion at any time before its issuance of a decision, requesting reassignment of the case to the supreme court.
(b) The moving party shall state the grounds of such motion indicating how the case on appeal involves a question of such importance as to warrant a direct appeal to the supreme court.
(c) The issuance of a certificate for reassignment to the supreme court shall be discretionary upon the intermediate appellate court, and acceptance or rejection of such certification shall be discretionary upon the supreme court. Neither the failure to issue such certification by the intermediate appellate court or the rejection of such certification by the supreme court shall be subject to appeal.
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HRS Section 602-59 Appeals from decision of the intermediate appellate court, certiorari
(a) After issuance of a decision by the intermediate appellate court, a party may appeal such decision only by application to the supreme court for a writ of certiorari, the acceptance or rejection of which shall be discretionary upon the supreme court.
(b) The application for writ of certiorari shall tersely state its grounds which must include (1) grave errors of law or of fact, or (2) obvious inconsistencies in the decision of the intermediate appellate court with that of the supreme court, federal decisions, or its own decision, and the magnitude of such errors or inconsistencies dictating the need for further appeal.
(c) An application for writ of certiorari may be filed with the supreme court no later thin ten days after the filing of the decision of the intermediate appellate court; the supreme court shall determine to accept the application within ten days of its filing. The failure of the supreme court to accept within ten days shall constitute a rejection of the application.
(d) Upon the acceptance of the application, the clerk of the intermediate appellate court shall forward the complete file of the case to the clerk of the supreme court. Supplemental briefs shall be accepted from the parties only upon the request of the supreme court.
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