Title 32, Courts And Court Officers

§601-1 Judiciary. There shall be a branch of government, styled the judiciary. [L 1892, c 57, §1; RL 1925, §2211; RL 1935, §3570; RL 1945, §9571; RL 1955, §213-1; am L 1959, c 259, §1(a); HRS §601-1; am L 1974, c 159, §14]

§601-1.5 Emergency period; suspension of deadlines. (a) During an emergency period proclaimed by the governor under chapter 127A, the chief justice shall be authorized to order the suspension, tolling, extension, or granting of relief from deadlines, time schedules, or filing req…

§601-13 Publication of notices and process. (a) All notices or process required or permitted by law, by the rules of any court, or by judicial order to be published or advertised in judicial proceedings in the State shall be published or advertised in a newspaper or newspapers ha…

§601-15 Style of process. The style of process in the state courts shall run in the name of "The State of Hawaii", and all prosecutions shall be carried on in the name and by the authority of the State of Hawaii. [L Sp 1959 1st, c 5, §7; Supp, §213-12; HRS §601-15; am L 1972, c 8…

§601-17 Use of credit and debit cards to pay for court costs, fees, expenses, and other charges. (a) Costs, fees, bond forfeitures, fines, expenses, and other charges that are due and owing to the courts may be paid by use of credit cards or debit cards acceptable to the administ…

§601-17.5 Collection of delinquent court-ordered payments. The judiciary may contract with a collection agency bonded under chapter 443B or with a licensed attorney to collect any delinquent court-ordered penalties, fines, restitution, sanctions, and court costs, including juveni…

[§601-18] Interest income. Interest income earned on court deposits shall be credited to the depositor specified in the court order or to the State of Hawaii if not otherwise specified by statute. [L 1993, c 42, §1]

§601-2 Administration. (a) The chief justice shall be the administrative head of the judiciary. The chief justice shall make a report to the legislature, at each regular session thereof, of the business of the judiciary and of the administration of justice throughout the State. T…

[§601-20] Court annexed arbitration program. (a) There is established within the judiciary a court annexed arbitration program which shall be a mandatory and nonbinding arbitration program to provide for a procedure to obtain prompt and equitable resolution of certain civil actio…

[§601-21] Substance abuse treatment monitoring program. (a) To determine the effectiveness of substance abuse treatment services and maintain accurate numbers of individuals receiving publicly funded substance abuse treatment, the judiciary shall comply with the requirements of t…

§601-3 Administrative director. (a) The chief justice, with the approval of the supreme court, shall appoint an administrative director of the courts to assist the chief justice in directing the administration of the judiciary. The administrative director shall be a resident of t…

[§601-3.2] Reporting of non-general fund information. No later than twenty days prior to the convening of each regular session, the judiciary shall submit to the legislature a report for each non-general fund account, which shall include but not be limited to the following:

§601-3.5 Supreme court law library revolving fund. There is established a revolving fund for the statewide supreme court law library system into which shall be deposited all fines, fees, and other revenue derived from the system's operations. Moneys deposited in this fund may be …

§601-3.6 Spouse and child abuse special account; judiciary. (a) There is established within the state treasury a special fund to be known as the "spouse and child abuse special account", and to be administered and expended by the judiciary. (b) The proceeds of the account shall b…

§601-3.7 Judiciary computer system special fund. (a) There shall be established in the state treasury a special fund to be known as the judiciary computer system special fund, which shall contain the following: (b) The fund shall be used for: (c) The fund may be used for other ex…

§601-4 Judicial council. The supreme court shall provide for the appointment of a judicial council which shall serve in an advisory capacity only. The judicial council shall give continuing consideration to the administration of justice in the courts of the State. It shall make r…

§601-5 Independence of judiciary. The judiciary branch and the several judges and other judicial officers thereof shall be independent of both the executive and legislative departments. The governor shall have no power to interfere with, alter, or overrule any order, writ, judgme…

§601-7 Disqualification of judge; relationship, pecuniary interest, previous judgment, bias or prejudice. (a) No person shall sit as a judge in any case in which: provided that no interests held by mutual or common funds, the investment or divestment of which are not subject to t…

§601-8 Practice of law forbidden. Justices of the supreme court, judges of the intermediate appellate court, judges of the circuit court, and full-time judges of the district court and of the district family court shall not engage in the practice of law during their terms of offi…

§601-9 Same, other instances. No attorney shall be employed, or allowed to appear before any court, in any action or proceeding which has been previously tried before the attorney as a judge. [CC 1859, pt of §821; RL 1925, §2214; RL 1935, §3574; RL 1945, §9575; RL 1955, §213-5; H…

PART I. SUPREME COURT §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. [L 1892, c 57, §49; am L 1903, c 32, §13; RL 1925, §2221; RL 1935, §3590; RL 1945, §9601; RL 195…

§602-10 Full court; oral argument; substitute justices. Parties to a proceeding before the supreme court shall be entitled to consideration by a full court. Oral argument shall be before a full court; provided that in an appropriate case, the court in its discretion may dispense …

§602-11 Rules. The supreme court shall have power to promulgate rules in all civil and 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 substanti…

§602-2 Salary, supreme court justices. Effective July 1, 2004, the salary of the chief justice of the supreme court and the salary of each associate justice of the supreme court shall be as last recommended by the judicial salary commission. Effective July 1, 2007, and every six …

§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 offi…

§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. [L 1892, c 57, §50; RL 1925, §2223; RL 1…

§602-5 Jurisdiction and powers; filing. (a) Except as otherwise provided, the supreme court shall have jurisdiction and powers as follows: (b) All cases addressed to the jurisdiction of the supreme court or of the intermediate appellate court shall be filed with the clerk of the …

§602-5.5 Judiciary records. (a) Notwithstanding the provisions of any other law to the contrary, the supreme court shall determine whether, and the extent to which, the judiciary, will create, accept, retain, or store in electronic form any case, fiscal, and administrative record…

PART II. INTERMEDIATE APPELLATE COURT §602-51 How constituted. The intermediate appellate court shall consist of a chief judge and six associate judges. The chief judge, who shall be specifically selected, shall supervise the administrative duties of the court. [L 1979, c 111, pt…

§602-52 Salary. Effective July 1, 2004, the salary of the chief judge of the intermediate appellate court and the salary of each associate judge shall be as last recommended by the judicial salary commission. Effective July 1, 2007, and every six years thereafter, the salary of t…

§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. [L 1979, c 111, pt of §3; am L 1984, c 106, §2]

[§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. [L 1979, c 111, pt of §3]

§602-55 Panels; substitute judge. Parties shall be entitled to a hearing before a panel of not less than three intermediate appellate judges. In case of vacancy, or if the number of available intermediate appellate judges is insufficient to make up a panel because of disqualifica…

[§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…

§602-57 Jurisdiction. Notwithstanding any other law to the contrary, the intermediate appellate court shall have jurisdiction, subject to transfer as provided in section 602-58 or review on application for a writ of certiorari as provided in section 602-59:

§602-58 Application for transfer to the supreme court. (a) The supreme court, in the manner and within the time provided by the rules of court, shall grant an application to transfer any case within the jurisdiction of the intermediate appellate court to the supreme court upon th…

§602-59 Review of decision of the intermediate appellate court, certiorari. (a) After issuance of the intermediate appellate court's judgment or dismissal order, a party may seek review of the intermediate appellate court's decision and judgment or dismissal order only by applica…

[§602-60] Subpoenas; oaths. The intermediate appellate court shall have the power to subpoena and compel the attendance of witnesses from any part of the State and to compel the production of books, papers, documents, or tangible things. Any judge of the intermediate appellate co…

§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. [L 1892, c 57, §52; RL 1925, §2226; RL 1935, §3595; RL 1945, §9606; RL 1955, §214-6; HRS §602…

§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. [L 1892, c 57, §54; am L 1901, c 22, §1; RL 1925, §2227; RL 1935, §3596; RL 1945, §9607; RL 195…

§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. [L 1892, c 57, §55; am L 1901, c 22, §2; RL 1925, §2228; RL 1935, §3597; RL 1945, §9608; RL 1955, §214-8; HRS …

PART I. CIRCUITS AND JUDGES §603-1 Judicial circuits. The State is divided into four judicial circuits, as follows:

PART II. SESSIONS §603-11 Separate sessions at same time. There may be one session of the circuit court of any circuit, or separate sessions of the court at the same time, each of which may be held by one, but not more than one, of the judges of the circuit court of that circuit …

§603-12 Sessions, held where. Except as otherwise provided by statute, the sessions of the circuit courts shall be held as follows: In the first circuit, at Honolulu; in the second circuit, at Wailuku; in the third circuit, at Hilo and Kona; in the fifth circuit, at Lihue. [L 189…

§603-14 Place of trial; signature of judge. (a) A jury trial shall be conducted in the circuit in which the case is pending, at the place designated by section 603-12 or at such other place or places within the circuit as may be designated by the chief justice from time to time. …

§603-16 Continuance of hearing or trial. If the judge of any circuit court, or any other circuit judge authorized to preside in the circuit, fails to attend any trial or hearing at the time appointed, a clerk thereof shall continue any case or matter then before the court for tri…

§603-2 Title. There shall be established in each of the judicial circuits of the State a court with the powers and under the conditions hereinafter set forth, which shall be styled the circuit court of such circuit, as, for instance, the circuit court of the third circuit. [L 189…

§603-21.5 General. (a) The several circuit courts shall have jurisdiction, except as otherwise expressly provided by statute, of: (b) The several circuit courts shall have concurrent jurisdiction with the family court over:

§603-21.6 Probate. The several circuit courts shall have power to:

§603-21.7 Nonjury cases. The several circuit courts shall have jurisdiction, without the intervention of a jury except as provided by statute, as follows: