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Hawaii’s court system serves more than 1.2
million residents of the state and handles more than 550,000 cases
that are filed each year. The system has 78 authorized judgeships and
about 2,000 employees, with an annual judicial system budget of about
$108 million.
About Hawaii's Supreme Court
The
Supreme Court of Hawaii is the state’s court of last resort. It
hears appeals that are brought before the court upon application for
writs of certiorari to the
Intermediate Court of Appeals, and on applications for transfer
from the Intermediate Court of Appeals.
The high court also hears: reserved questions of
law from the circuit courts,
Land Court and
Tax Appeal Court; certified questions of law from federal courts;
applications for writs to judges and other public officers; and,
complaints regarding elections.
The Supreme Court also: makes the rules for the
practice of law in Hawaii and courtroom procedures in the state;
licenses, regulates and disciplines attorneys; and, disciplines
Hawaii’s judges as necessary.
Each appeal to the court is decided based on
prior written records. In some cases, the court may decide to hear
oral arguments. The court’s
five justices sit “en banc,” that is, will all justices present.
Should a justice be absent, a substitute from the
Intermediate Court of Appeals or
Circuit Court can be called to participate in that justice’s
stead.
The chief justice until March 30, 2013, is
Ronald T.Y. Moon.
The
supreme court’s opinions are available online, as is an
online audio archive of oral arguments.
Hawaii's Intermediate Court of Appeals
The
six judges who sit in panels of three on the
Intermediate Court of Appeals are entrusted with hearing nearly
all appeals arising from Hawaii’s trial courts and some state
agencies. The present chief judge of the court is
Mark E. Recktenwald, serving a term until April 30, 2017.
The Intermediate Court of Appeals has
discretionary authority to entertain case submitted without a prior
suit when there is a question of law that could be the subject of a
civil action or other proceeding in
Circuit Court or
Tax Appeal Court, and when the parties agree upon the facts of the
case.
Cases in the Intermediate Court of Appeals can be
transferred to the state Supreme Court upon application to the high
court under circumstances set out in the Hawaii Revised Statutes. The
intermediate court’s judgments on appeal and dismissal orders are
subject to review by the Supreme Court at that court’s discretion by
way of an application for a writ of certiorari.
The
oral arguments schedule is available online, as are the Court of
Appeals’
opinions.
Hawaii's Circuit Court
Hawaii’s
Circuit Court system provides the state with courts of general
jurisdiction where jury trials are held.
The circuit courts have exclusive jurisdiction
over probate, guardianship and criminal felony cases, and in civil
cases where the amount contested exceeds $20,000. Circuit Court shares
concurrent jurisdiction with District Court in civil non-jury cases in
which the amounts in controversy are between $10,000 and $20,000.
Other cases heard by the Circuit Court include
mechanics’ liens and misdemeanor violations that are transferred from
District Court in order to be heard by a jury.
Circuit Court judges are appointed by the governor to serve
10-year terms. The governor must choose them from a list of four to
six nominees provided by the Judicial Selection Commission. Circuit
judges, like the courts above them, can render
opinions which are available online.
Hawaii’s circuit courts are as follows:
First Circuit (Oahu);
Second Circuit (Maui, Molokai and Lanai);
Third Circuit (Hawaii);
Fourth Circuit (Kauai);
Hawaii District Court
About
two dozen full-time judges serve in Hawaii’s District Court
system, but since more than 500,000 cases are filed in District Court
any given year, the chief justice of the Hawaii Supreme Court has the
power to appoint jurists from a list of “per
diem judges” who step up to the bench and help handle the
caseload.
Hawaii’s district courts have exclusive
jurisdiction over traffic violations, summary possession, eviction
proceedings regardless of amount in contest, non-jury civil trials
where the relief sought is below $10,000, and small claims cases with
the amount involved does not exceed $3,500. The district courts also
have jurisdiction over civil cases where the debt, damages, or value
of the property $20,000, and where the remedy sought is valued under
$20,000. The courts also handle criminal offenses that are punishable
only by fine or by a jail term not to exceed one year, cases that
arise from violations of county ordinance, and petitions for
restraining orders and injunctions in cases of alleged harassment.
District Court venues are located on
Oahu,
Maui,
Hawaii and
Kauai.
Numerous online resources are available for
Hawaiians who find themselves headed to District Court. The court
system’s
Self-Help section includes information on
small claims and
regular claims,
landlord-tenant relations and
traffic cases.
While there usually aren’t many of them listed,
opinions rendered by District Court judges also are noted online.
Hawaii's Family Court
A small group of
14 judges, augmented by
per diem judges, handle about 35,000 cases per year that pass
through Hawaii’s
Family Court system.
Established by statute in 1965, the family
courts’ mission is to provide a fair, fast, economical and accessible
venue for the resolution of matters involving families and children.
The court hears legal matters involving children
that include
delinquency, status offenses, abuse and neglect, termination of
parental rights, adoption, guardianship and detention. The court hears
domestic relations matters pertaining to
divorce,
child support, paternity, uniform child custody jurisdiction cases
and miscellaneous custody matters. The court’s jurisdiction also
includes domestic violence cases, including requests for
civil restraining orders against family members, hearings for
persons charged with abuse of family and household members, and
felonies that are limited to offenses allegedly committed against
household members.
Finally, the court also hears civil commitment
cases, elder abuse cases and matters involving the guardianship of
adults in need of care.
Family Court venues are found on
Oahu,
Maui,
Hawaii and
Kauai. |