reglab/statecodes huggingface dataset:
2023 Hawaii Revised Statutes › Title 31. Family › 587D. Safe Place for Newborns › 587D-5 Immunity.

§587D-5 Immunity.
(a) A hospital with responsibility for performing duties under this chapter, any health care provider, or hospital personnel working at the hospital, a fire station and any firefighter or fire personnel, a police station and any police officer or police personnel, and emergency services personnel acting in good faith in receiving a newborn child shall be immune from:
(1) Any criminal liability that otherwise might result from their actions; and
(2) Any civil liability that otherwise might result from merely receiving a newborn child.
(b) A hospital performing duties under this chapter and any health care provider or hospital personnel working at the hospital, a fire station and any firefighter or fire personnel, a police station and any police officer or police personnel, and any emergency services personnel who are mandated reporters under section 350-1.1 shall be immune from any criminal or civil liability that otherwise might result from the failure to make a report under section 350-1.1 if the person is acting in good faith in complying with this chapter. [L Sp 2007, c 7, pt of §2]
2023 Hawaii Revised Statutes › Title 31. Family › 587D. Safe Place for Newborns › 587D-6 Authority to reunite; placement.

§587D-6 Authority to reunite; placement.
(a) Upon receiving custody of a newborn child who has been discharged from a hospital that received the newborn child pursuant to section 587D-3, the department may reunite the newborn child with the newborn's parents.
(b) The department may:
(1) Search for relatives of the newborn child as a placement or permanency option; or
(2) Implement other placement requirements that give a preference to relatives;
provided that the department has information as to the identity of the newborn child, the newborn child's mother, or the newborn child's father. [L Sp 2007, c 7, pt of §2]
2023 Hawaii Revised Statutes › Title 31. Family › 587D. Safe Place for Newborns › 587D-7 Status of child.

§587D-7 Status of child.
For purposes of proceedings under this chapter and adoption proceedings, a newborn child left at a hospital, fire station, or police station, or with emergency services personnel under section 587D-2 shall be considered an abandoned child. [L Sp 2007, c 7, pt of §2]
2023 Hawaii Revised Statutes › Title 31. Family › 588. Children's Justice Program › 588-1 Children's justice program; establishment, purpose.

§588-1 Children's justice program; establishment, purpose.
(a) There is established a children's justice program within the judiciary. The mission of the program is to provide for the special needs of children as witnesses by promoting coordination for appropriate investigation, treatment, and legal processes, thereby reducing and preventing unnecessary trauma to children and ensuring justice for children and their families.
(b) The purposes of the program shall be to:
(1) Develop, achieve, and maintain interagency and interprofessional cooperation and coordination in the investigation of and management of cases involving suspected or confirmed:
(A) Victims of child sex abuse, serious physical child abuse, child sex trafficking, commercial sexual exploitation of children, and other child maltreatment; and
(B) Child witnesses to crime or violence;
(2) Facilitate in an impartial manner the professional gathering of information by public and private agencies and their providers for court proceedings involving child victims and witnesses;
(3) Reduce to the absolute minimum the number of interviews of child victims and witnesses so as to minimize revictimization of the child;
(4) Coordinate the therapeutic and treatment program for child victims and witnesses and their families;
(5) Provide for a multidisciplinary team and case management approach that focuses on the needs of, first, the child victim or witness; second, family members who are supportive of the child and whose interests are consistent with the best interests of the child; and third, law enforcement and prosecuting agencies;
(6) Provide for the training and continuing education of skilled professional interviewers of child victims and witnesses; and
(7) Serve as the focus of information and referral for child victim and witness programs. [L 1986, c 169, pt of §1; am L 2001, c 219, §3; am L 2022, c 17, §1]
2023 Hawaii Revised Statutes › Title 31. Family › 588. Children's Justice Program › 588-1.5 Coordination function. (a) The program shall promote the sharing of information among agencies providing services to the child and family, for purposes of implementing this chapter. (b) All agencies and their providers that have information regarding the mental, physical health, or other information relating to the best interest of the child shall share the information among the agencies working with the child unless otherwise prohibited by federal or state statute or rule. No agency shall further disclose any confidential information unless written consent expressly authorizing further disclosure is obtained from the person who is the subject thereof, or disclosure is permitted by law. [L 2001, c 219, §2]

§588-1.5
Coordination function.
(a) The program shall promote the sharing of information among agencies providing services to the child and family, for purposes of implementing this chapter.
(b) All agencies and their providers that have information regarding the mental, physical health, or other information relating to the best interest of the child shall share the information among the agencies working with the child unless otherwise prohibited by federal or state statute or rule. No agency shall further disclose any confidential information unless written consent expressly authorizing further disclosure is obtained from the person who is the subject thereof, or disclosure is permitted by law. [L 2001, c 219, §2]
2023 Hawaii Revised Statutes › Title 31. Family › 588. Children's Justice Program › 588-2 Definitions of child abuse.

§588-2 Definitions of child abuse.
For purposes of this chapter:
"Child sexual abuse" means any of the offenses described under chapter 707, part V, when committed against a person under the age of eighteen years or as set forth in paragraph (2) of the definition of "harm" in section 587A-4.
"Serious physical child abuse" means any of the offenses described in paragraph (1) of the definition of "harm" set forth in section 587A-4 when the offense rises to the degree of a felony as defined in section 701-107. [L 1986, c 169, pt of §1; am L 2001, c 219, §4; am L 2011, c 43, §19]
2023 Hawaii Revised Statutes › Title 31. Family › 588. Children's Justice Program › 588-3 Director, program administrative staff.

§588-3 Director, program administrative staff.
The program shall be headed by a director appointed by the administrative director of the courts. The director and administrative staff shall be subject to chapter 76. [L 1986, c 169, pt of §1; am L 2000, c 253, §150]
2023 Hawaii Revised Statutes › Title 31. Family › 588. Children's Justice Program › 588-4 Duties of the director.

§588-4 Duties of the director.
The director shall:
(1) Enter into agreements with police departments, departments of the prosecuting attorneys and county corporation counsels, the departments of the attorney general, health, and human services, and other public and private agencies, including agreements for the temporary assignment of appropriate personnel from each agency to the program;
(2) Enter into contracts for the provision of specialized training and continuing education for interviewers of child victims and witnesses from both public and private agencies and providers;
(3) Arrange for interviews of child victims and witnesses in an appropriate setting;
(4) Promote interagency cooperation and coordination, including information sharing and gathering, among the public and private agencies and their providers that deliver investigative, case management, and therapeutic services;
(5) Coordinate the flow of information between the agencies responsible for criminal prosecution and the agencies responsible for protective action in civil proceedings, including those professionals providing services to children and their families;
(6) Arrange for the exchange of information, to include statistical data from public and private agencies involved in child victims' and witnesses' programs and issues;
(7) Develop recommendations and plans for action to assist the public and private agencies involved in cases of child victims and witnesses; and
(8) Prepare and maintain records and reports for the program. [L 1986, c 169, pt of §1; am L 1988, c 141, §59; am L 2001, c 219, §5; am L 2022, c 17, §2]
2023 Hawaii Revised Statutes › Title 32. Courts and Court Officers › 601. Courts Generally › 601-1 Judiciary.

§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]
Cross References
Judicial power vested in supreme court and circuit courts, and in inferior courts established by legislature, see Const. art. VI, §1.
2023 Hawaii Revised Statutes › Title 32. Courts and Court Officers › 601. Courts Generally › 601-1.5 Emergency period; suspension of deadlines.

§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 requirements imposed by otherwise applicable statutes, rules, or court orders, in civil or criminal cases or administrative matters, in any judicial circuit affected by the governor's proclamation. The chief justice shall determine the judicial circuits so affected.
(b) The order shall be limited to an initial duration of not more than thirty days; provided that the order may be modified or extended for such period of time as the chief justice deems necessary due to an ongoing state of emergency.
(c) The chief justice shall give notice of the order to all affected parties, counsel for the affected parties, and the public. Notice shall be provided by whatever means are reasonably calculated, in the chief justice's sole discretion, to reach the affected parties, counsel for the affected parties, and the public.
(d) Any person whose rights or interests are adversely affected by the chief justice's order shall be entitled to an appeal. The notice of appeal shall be filed not later than forty-five days after the expiration of the chief justice's order or any modification or extension of that order. The notice shall be filed with the clerk of the circuit court having jurisdiction over the person. [L 2006, c 59, §1; am L 2014, c 111, §14]
2023 Hawaii Revised Statutes › Title 32. Courts and Court Officers › 601. Courts Generally › 601-3.2 Reporting of non-general fund information.

§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:
(1) The name of the fund and a cite to the law authorizing the fund;
(2) The intended purpose of the fund;
(3) The current program activities which the fund supports;
(4) The balance of the fund at the beginning of the current fiscal year;
(5) The total amount of expenditures and other outlays from the fund account for the previous fiscal year;
(6) The total amount of revenue deposited to the account for the previous fiscal year;
(7) A detailed listing of all transfers from the fund;
(8) The amount of moneys encumbered in the account as of the beginning of the fiscal year;
(9) The amount of funds in the account which are required for the purposes of bond conveyance or other related bond obligations;
(10) The amount of moneys in the account derived from bond proceeds; and
(11) The amount of moneys of the fund held in certificates of deposit, escrow accounts, or other investments. [L 2016, c 166, §2]
2023 Hawaii Revised Statutes › Title 32. Courts and Court Officers › 601. Courts Generally › 601-3.5 Supreme court law library revolving fund.

§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 expended to replace or repair lost, damaged, stolen, unreturned, or outdated books, serials, periodicals, and other library materials, or to support and improve library services. [L 1990, c 47, §1; am L 1993, c 64, §1]
2023 Hawaii Revised Statutes › Title 32. Courts and Court Officers › 601. Courts Generally › 601-3.6 Spouse and child abuse special account; judiciary.

§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 be reserved for use by the judiciary for staff programs, and grants or purchases of service, consistent with chapters 42F and 103F, that support or provide spouse or child abuse intervention or prevention as authorized by law. These proceeds shall be used for new or existing programs and shall not supplant any other funds previously allocated to these programs. The account shall be kept separate and apart from all other funds in the treasury.
(c) The account shall consist of fees remitted pursuant to sections 338-14.5 and 572-5, income tax remittances allocated under section 235-102.5, fines collected pursuant to sections [586-4(e)], 580-10, and 586-11, interest and investment earnings, grants, donations, and contributions from private or public sources. All realizations of the account shall be subject to the conditions specified in subsection (b).
(d) The judiciary, in coordination with the department of health, shall submit an annual report to the legislature, prior to the convening of each regular session, providing an accounting of the receipts of and expenditures from the account. [L 1994, c 232, §3; am L 1997, c 190, §6; am L 1998, c 172, §6; am L 1999, c 200, §4; am L 2004, c 228, §5]
2023 Hawaii Revised Statutes › Title 32. Courts and Court Officers › 601. Courts Generally › 601-3.7 Judiciary computer system special fund.

§601-3.7 Judiciary computer system special fund.
(a) There is established in the state treasury a special fund to be known as the judiciary computer system special fund, which shall contain the following:
(1) Moneys collected from administrative fees pursuant to section 287-3(a);
(2) Fees prescribed by the supreme court by rule of court for electronic document certification, electronic copies of documents, and for providing bulk access to electronic court records and compilations of data; and
(3) Fees pursuant to sections 607-4(b)(10) and 607-5(c)(32).
(b) The fund shall be used for:
(1) Consulting and other related fees and expenses in the selection, implementation, programming, and subsequent upgrades in judiciary computer system for a statewide computer system; and
(2) The purchase of hardware and related software for a judiciary computer system.
(c) The fund may be used for other expenses relating to new technology in traffic enforcement and civil, criminal, and appellate case processing and management, including operations and maintenance.
(d) Moneys in the judiciary computer system special fund shall not revert to the general fund. [L 1996, c 203, § §2, 9; am L 1999, c 299, §1; am L 2003, c 216, §1; am L 2004, c 230, § §2, 6 and c 231, §1; am L 2006, c 21, §1; am L 2011, c 60, §1]
2023 Hawaii Revised Statutes › Title 32. Courts and Court Officers › 601. Courts Generally › 601-4 Judicial council.

§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 reports and recommendations biennially to the supreme court and also whenever deemed advisable by the court. The chief justice shall be a member and chairperson of the judicial council. The supreme court shall appoint, from time to time, such number of other members as it deems necessary to be fairly representative, but not to exceed fifteen, whose terms shall be in accordance with the rules of the supreme court. The members of the judicial council shall include laypersons as well as judges and lawyers. The members of the judicial council shall receive no compensation for their service but they shall be reimbursed for their traveling and other expenses incidental to attending meetings. [L 1959, c 259, pt of §1(b); Supp, §213-1.7; HRS §601-4; gen ch 1993]
Cross References
Ethics commission, appointment, see §84-21.
2023 Hawaii Revised Statutes › Title 32. Courts and Court Officers › 601. Courts Generally › 601-5 Independence of judiciary.

§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, judgment, or decision of any court, judge, or other judicial officer, except in the exercise of the power to grant reprieves and pardons in pursuance of law. [L 1892, c 57, §2; am L 1903, c 32, §1; RL 1925, §2212; RL 1935, §3571; RL 1945, §9272; RL 1955, §213-2; HRS §601-5; am L 1974, c 159, §17]
Cross References
See Const. art. VI.
Rules of Court
See JC Canon 1.
Attorney General Opinions
Laws governing hours of work, vacation, etc., of all public employees do not by coverage of employees in judiciary department impair the judicial power. Att. Gen. Op. 63-20.
Case Notes
No court ought to give an order of which it would be unable to compel the enforcement. 5 H. 669 (1878).
Court cannot supply a want in the law, or legislate and make law. 8 H. 478 (1892).
2023 Hawaii Revised Statutes › Title 32. Courts and Court Officers › 601. Courts Generally › 601-8 Practice of law forbidden.

§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 office. [L 1892, c 57, §3; am L 1892, c 76, §1; RL 1925, §2213; RL 1935, §3573; RL 1945, §9574; RL 1955, §213-4; HRS §601-8; am L 1970, c 188, §7; am L 1979, c 111, §23]
Rules of Court
See JC rule 3.10.
Case Notes
Cited: 27 H. 509, 526 (1923).
Discussed: 74 H. 394, 846 P.2d 894 (1993).
2023 Hawaii Revised Statutes › Title 32. Courts and Court Officers › 601. Courts Generally › 601-9 Same, other instances.

§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; HRS §601-9; am L 1972, c 88, §1(d); gen ch 1985]
2023 Hawaii Revised Statutes › Title 32. Courts and Court Officers › 601. Courts Generally › 601-13 Publication of notices and process.

§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 having a general circulation within the county in which the judicial proceedings are commenced or had, except as otherwise provided.
(b) When the notices or process are required to be published or advertised once or more in a given interval for or in a successive number of intervals, the use of the word "successive" shall not be construed to require publication in more than the stated number of intervals; for example, a requirement of publication "once a week for (or in) three successive weeks" shall require only three publications.
(c) Notwithstanding any law to the contrary, in all family court cases, if the plaintiff or petitioner, as a result of impoverishment, is unable to publish notice as required by subsection (a), the plaintiff or petitioner shall file an affidavit attesting to impoverishment and to the fact that, after due and diligent search, the whereabouts of the individual sought to be served are unknown. Upon such filings, the family court shall order that service be made by forwarding a certified copy of the pleadings and process to the individual at the last known address by registered or certified mail, with a return receipt requested and a directive to deliver to addressee only, by sending a certified copy of the pleadings and process to the defendant's or respondent's closest known relative, if any can be found, and by posting a copy of the pleadings and process at the courthouse in which the pleadings and process have been filed. Service shall be completed thirty days after mailing. The plaintiff or petitioner shall attest to the fact of the mailing and the date thereof by affidavit, attaching the sender's receipt for that mail and, if available, the return receipt and envelope. [L 1919, c 31, §1; RL 1925, §2219; RL 1935, §3579; am L 1941, c 36, §1; RL 1945, §9580; RL 1955, §213-10; HRS §601-13; am L 1972, c 88, §1(e); am L 2012, c 290, §2]
Rules of Court
See HRCP rule 4(e).
Proof of publication, see RCC rule 11.
Case Notes
Cited: 45 H. 90, 91, 363 P.2d 1006 (1961).
2023 Hawaii Revised Statutes › Title 32. Courts and Court Officers › 601. Courts Generally › 601-15 Style of process.

§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 88, §1(g)]
2023 Hawaii Revised Statutes › Title 32. Courts and Court Officers › 601. Courts Generally › 601-17 Use of credit and debit cards to pay for court costs, fees, expenses, and other charges.

§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 administrative director of the courts; provided that driver's license and vehicle registration clearances shall be paid by cash only.
(b) A service fee may be paid by the judiciary for the use of a credit or debit card service. In the event that a credit or debit card is used to pay any charges due and owing to the courts, the judiciary may impose an additional convenience fee on the credit or debit card user. The amount of such convenience fee shall not exceed the amount of the service fee imposed on the judiciary for the subject credit or debit card transaction. [L 1978, c 35, §1; am L 2003, c 5, §1; am L 2004, c 71, §1]
2023 Hawaii Revised Statutes › Title 32. Courts and Court Officers › 601. Courts Generally › 601-17.5 Collection of delinquent court-ordered payments.

§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 juvenile monetary assessments. Any fees or costs associated with the collection efforts shall be added to the amount due and retained by the collection agency as its payment; provided that no fees or costs shall exceed fifty per cent of the amount collected. [L 2004, c 77, §1; am L 2015, c 35, §18]
2023 Hawaii Revised Statutes › Title 32. Courts and Court Officers › 601. Courts Generally › 601-20 Court annexed arbitration program.

§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 actions in tort through arbitration. The supreme court shall adopt rules for the implementation and administration of the program by January 1, 1987.
(b) All civil actions in tort, having a probable jury award value, not reduced by the issue of liability, exclusive of interest and costs, of $150,000 or less, shall be submitted to the program and be subject to determination of arbitrability and to arbitration under the rules governing the program. The rules shall include a procedure to classify and establish the order of priority according to which the actions will be processed for the determination of arbitrability and for the arbitration under the program. The court may, at its discretion, remove any action from the program.
(c) The chief justice may hire on a contractual basis, and at the chief justice's pleasure remove, without regard to chapter 76, an arbitration administrator, who shall be responsible for the operation and management of the program, and such other persons deemed necessary for the purposes of the program in the judgment of the chief justice. [L Sp 1986, c 2, §21; am L 2000, c 253, §150]
Cross References
Bypass of court annexed arbitration, see §671-16.5.
Center for alternative dispute resolution, see chapter 613.
Rules of Court
Applicability of Hawaii Arbitration Rules, see RCC rule 34.
Law Journals and Reviews
Settling Civil Lawsuits in the Hawaii Circuit Courts. 10 HBJ, no. 13, at 1 (2007).
The Impact of Discovery Limitations on Cost, Satisfaction, and Pace in Court-Annexed Arbitration. 11 UH L. Rev. 81 (1989).
Tort and Insurance "Reform" in a Common Law Court. 14 UH L. Rev. 55 (1992).
Striking a Balance: Procedural Reform Under the Lum Court. 14 UH L. Rev. 223 (1992).
Case Notes
Subsection (b) did not violate the equal protection clause of the Fourteenth Amendment to the U.S. Constitution. 76 H. 494, 880 P.2d 169 (1994).
2023 Hawaii Revised Statutes › Title 32. Courts and Court Officers › 601. Courts Generally › 601-21 Substance abuse treatment monitoring program.

§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 the statewide substance abuse treatment monitoring program established under section 321-192.5. The judiciary shall collect data in accordance with section 321-192.5 from any circuit court, adult probation, and any provider of substance abuse treatment that provides substance abuse treatment to persons served through public funds administered by the judiciary.
(b) The judiciary shall include in the contract with any treatment provider all criteria established by the department of health pursuant to section 321-192.5 to determine whether the treatment provider is achieving success in treating individuals with substance abuse.
(c) The judiciary shall include the information collected under subsection (a) as part of the annual report submitted pursuant to section 601-2.
(d) This section shall not be construed to abrogate an individual's right to privacy. The judiciary shall implement sufficient protections to ensure that the identity of a recipient of substance abuse treatment services remains strictly confidential and that aggregate data collected pursuant to this section is used solely for the purpose of this section. [L 2004, c 40, §26]
2023 Hawaii Revised Statutes › Title 32. Courts and Court Officers › 602. Courts of Appeal › 602-1 How constituted.

Cross References
Uniform electronic legal material act, see chapter 98.
Rules of Court
See generally Supreme Court Rules; Hawaii Rules of Appellate Procedure; Hawaii Court Records Rules; Hawaii Electronic Filing and Service Rules.
Law Journals and Reviews
Judicial Review and Sexual Freedom. 30 UH L. Rev. 1 (2007).
You Say You Want a Chevrolution? Factors Predicting the Adoption of the
Chevron
Standard in Agency Deference at the State Level. 38 UH L. Rev. 447 (2016).
§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 1955, §214-1; am L Sp 1959 1st, c 5, §2(a); HRS §602-1; ree L 1979, c 111, pt of §2]
Cross References
Retirement allowance, see §88-74.
Tenure, removal, retirement, see Const. art. VI, § §3, 5.
Case Notes
Provision of will of filling of vacancies among the trustees by choice of majority of the justices, how interpreted. 23 H. 575 (1917), aff'd 250 F. 145 (1980).
2023 Hawaii Revised Statutes › Title 32. Courts and Court Officers › 602. Courts of Appeal › 602-2 Salary, supreme court justices.

§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 years thereafter, 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 commission on salaries pursuant to section 26-56, unless disapproved by the legislature. [L Sp 1959 1st, c 4, §1; am L 1962, c 28, §30a; am L 1965, c 223, §12; Supp, §214-1.5; HRS §602-2; am L 1969, c 127, §10; am L 1975, c 58, §26; ree L 1979, c 111, pt of §2; am L 1982, c 129, §25(1); am L 1986, c 128, §22; am L 1990, c 72, §3; am L 1999, c 65, §4; am L 2000, c 2, §2; am L 2003, c 123, §2; am L 2006, c 299, §7]
Case Notes
Cited: 57 H. 348, 555 P.2d 1329 (1976).
2023 Hawaii Revised Statutes › Title 32. Courts and Court Officers › 602. Courts of Appeal › 602-3 Absence, disability, etc., of chief justice.

§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. [L 1892, c 72, §4; RL 1925, §2222; RL 1935, §3591; RL 1945, §9602; RL 1955, §214-2; am L Sp 1959 1st, c 5, §2(b); HRS §602-3; am L 1972, c 88, §2(a); ree L 1979, c 111, pt of §2; gen ch 1985]
Cross References
See Const. art. VI, §2.
2023 Hawaii Revised Statutes › Title 32. Courts and Court Officers › 602. Courts of Appeal › 602-4 Superintendence of inferior courts.

§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 1935, §3592; RL 1945, §9603; RL 1955, §214-3; HRS §602-4; ree L 1979, c 111, pt of §2]
Law Journals and Reviews
Through the Looking Glass--Finality, Interlocutory Appeals and the Hawaii Supreme Court's Supervisory Powers. 9 UH L. Rev. 87 (1987).
The Application of the Collateral Order Doctrine to Criminal Appeals in Hawai €˜i. 19 UH L. Rev. 73 (1997).
Case Notes
Applied in disposing of appeal on points of law from an illegal sentence. 13 H. 335 (1901).
Appeals in forma pauperis, powers of supreme court in connection with. See 42 H. 1 (1957); 44 H. 31, 352 P.2d 616 (1959); 44 H. 52, 352 P.2d 629 (1959). But see 26 H. 469 (1922).
Circumstances supplied justification for exercise of court's supervisory jurisdiction and court's power to issue prohibition. 59 H. 224, 580 P.2d 49 (1978).
Supervisory power under section invoked to provide needed guidance on matter of grave public concern. 59 H. 224, 580 P.2d 49 (1978).
Supervisory jurisdiction invoked where submission to warrantless searches apparently standard condition of probation. 67 H. 268, 686 P.2d 1379 (1984).
Supervisory jurisdiction invoked to declare judge personally entering the jury room to answer the jurors' questions improper and prejudicial. 69 H. 204, 738 P.2d 812 (1987).
Supreme court invoked supervisory jurisdiction over district court judge. 71 H. 304, 788 P.2d 1281 (1990).
Exercise of supreme court's supervisory powers was not appropriate in case where defendant was not without remedy expressly provided by law; §641-11 and HRAP rule 4(b) provided defendant opportunity to appeal from final judgment and HRPP rule 40 may have provided defendant opportunity to contest validity of no-contest plea by post-conviction petition. 96 H. 462 (App.), 32 P.3d 106 (2001).
Mentioned: 79 H. 26, 897 P.2d 953 (1995).
2023 Hawaii Revised Statutes › Title 32. Courts and Court Officers › 602. Courts of Appeal › 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 records and convert written case, fiscal, and administrative records to electronic records. (b) 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 another agency; or destroyed. This record shall be kept on forms specified by the supreme court. One copy of the record shall be filed in the court where the records originated, and the original shall be filed with the administrative director of the courts or an agency designated by the director. [L 1984, c 258, §1; am L 1997, c 58, §1; am L 2002, c 6, §1] Revision Note "Hawaiian Historical Society" substituted for "Hawaii Historical Society" pursuant to §23G-15. Rules of Court See Hawaii Court Records Rules; Hawaii Electronic Filing and Service Rules.

§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 records and convert written case, fiscal, and administrative records to electronic records.
(b) 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 another agency; or destroyed. This record shall be kept on forms specified by the supreme court. One copy of the record shall be filed in the court where the records originated, and the original shall be filed with the administrative director of the courts or an agency designated by the director. [L 1984, c 258, §1; am L 1997, c 58, §1; am L 2002, c 6, §1]
Revision Note
"Hawaiian Historical Society" substituted for "Hawaii Historical Society" pursuant to §23G-15.
Rules of Court
See Hawaii Court Records Rules; Hawaii Electronic Filing and Service Rules.
2023 Hawaii Revised Statutes › Title 32. Courts and Court Officers › 602. Courts of Appeal › 602-7 Oaths, subpoenas.

§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 §602-7; am L 1972, c 88, §2(c); ree L 1979, c 111, pt of §2]
Case Notes
Mentioned: 76 H. 273, 874 P.2d 1098 (1994).
2023 Hawaii Revised Statutes › Title 32. Courts and Court Officers › 602. Courts of Appeal › 602-8 Terms.

§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 1955, §214-7; HRS §602-8; am L 1972, c 88, §2(d); ree L 1979, c 111, pt of §2; am L 1984, c 106, §1]
2023 Hawaii Revised Statutes › Title 32. Courts and Court Officers › 602. Courts of Appeal › 602-9 Sessions, where.

§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 §602-9; am L 1972, c 88, §2(e); ree L 1979, c 111, pt of §2]
2023 Hawaii Revised Statutes › Title 32. Courts and Court Officers › 602. Courts of Appeal › 602-10 OLD REPEALED. §602-10 Full court; oral argument; substitute justices.

§602-10 OLD REPEALED.
L 1972, c 88, §2(h).
§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 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, is unable to attend, is absent, is recused, 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. [L 1892, c 57, §56; am L 1896, c 12, §1; am L 1903, c 32, §15; am L 1905, c 92, §1; am L 1909, c 14, §1; RL 1925, §2230; RL 1935, §3599; RL 1945, §9610; RL 1955, §214-10; am L 1963, c 193, §61; HRS §602-11; am L 1972, c 88, §2(f); am L 1974, c 146, §1; am L 1978, c 114, §1; ren L 1979, c 111, pt of §2; am L 2004, c 202, §56; am L 2006, c 94, §1; am L 2010, c 109, §1]
Case Notes
"Cause" in phrase "connection with the said cause" means issue brought to supreme court, not entire case in lower court. 9 H. 354 (1894); 20 H. 553 (1911).
Resignation of justice, though absolute in form, does not under all circumstances at once vacate office. 12 H. 332 (1900).
Duty of justice to sit unless disqualified or unable to sit for reason specified. 17 H. 393 (1906). See 41 H. 270 (1956).
Petition for rehearing must be acted upon by court as constituted when case was decided, if all members thereof are available. 45 H. 440, 369 P.2d 114 (1962).
Change in court no bar to grant of rehearing. 50 H. 40, 429 P.2d 829 (1967).
When no disinterested substitutes can be designated, doctrine of necessity allows interested judges to participate in the case. 57 H. 348, 555 P.2d 1329 (1976).
2023 Hawaii Revised Statutes › Title 32. Courts and Court Officers › 602. Courts of Appeal › 602-11 Rules.

§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 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. [L 1939, c 215, §1; RL 1945, §9614; RL 1955, §214-14; HRS §602-21; am L 1972, c 88, §2(g); ren L 1979, c 111, pt of §2]
Cross References
Constitutional provision, see Const. art. VI, §7.
Rules of Court
See Rules of the Supreme Court; Hawaii Rules of Professional Conduct; Hawaii Revised Code of Judicial Conduct; Hawaii Rules of Appellate Procedure; Rules of the Intermediate Court of Appeals; Hawaii Rules of Civil Procedure; Hawaii Rules of Penal Procedure; Rules of the Circuit Courts; Hawaii Arbitration Rules; Rules of the District Courts; District Court Rules of Civil Procedure; Rules of the Small Claims Division; Rules of the Family Court; Rules of the Tax Appeal Court; Rules of the Land Court; Hawaii Civil Traffic Rules; Hawaii Probate Rules; Rules Governing Court Reporting; Hawaii Court Records Rules; Hawaii Electronic Filing and Service Rules.
Law Journals and Reviews
A Piece of Mind for Peace of Mind: Federal Discoverability of Opinion Work Product Provided to Expert Witnesses and Its Implications in Hawai €˜i. 24 UH L. Rev. 859 (2002).
Electronic Discovery: A Call for a New Rules Regime for the Hawai €˜i Courts. 32 UH L. Rev. 153 (2009).
Case Notes
Reasonable compliance with a rule must be required. 20 H. 39 (1910); 24 H. 711, 713 (1919); 29 H. 802, 803 (1927).
The responsibility of the court to require such compliance is secondary to the duty of the court to maintain the integrity of stipulations approved by and filed with the court. 24 H. 655, 657 (1919).
Family court rules have force and effect of law. 61 H. 167, 598 P.2d 176 (1979).
Cited: 48 H. 290, 300, 401 P.2d 449 (1965).
2023 Hawaii Revised Statutes › Title 32. Courts and Court Officers › 602. Courts of Appeal › 602-22 to 602-24, 602-31 to 602-34, 602-36, and 602-37 REPEALED.

§ §602-22 to 602-24, 602-31 to 602-34, 602-36, and 602-37 REPEALED.
L 1972, c 88, §2(h).
2023 Hawaii Revised Statutes › Title 32. Courts and Court Officers › 602. Courts of Appeal › 602-51 How constituted.

Note
As enacted, the sections in this part were designated § §602-12 to 602-20.
Rules of Court
See generally Rules of the Intermediate Court of Appeals; Hawaii Rules of Appellate Procedure; Hawaii Court Records Rules; Hawaii Electronic Filing and Service Rules.
Law Journals and Reviews
Administering Justice or Just Administration: The Hawai €˜i Supreme Court and the Intermediate Court of Appeals. 14 UH L. Rev. 271 (1992).
Judicial Review and Sexual Freedom. 30 UH L. Rev. 1 (2007).
§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 of §3; am L 1992, c 253, §2; am L 2001, c 248, §1; am L 2022, c90, §1]
2023 Hawaii Revised Statutes › Title 32. Courts and Court Officers › 602. Courts of Appeal › 602-52 Salary.

§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 the chief judge of the intermediate appellate court and the salary of each associate judge shall be as last recommended by the commission on salaries pursuant to section 26-56, unless disapproved by the legislature. [L 1979, c 111, pt of §3; am L 1982, c 129, §25(2); am L 1986, c 128, §23; am L 1990, c 72, §4; am L 1999, c 65, §5; am L 2000, c 2, §3; am L 2003, c 123, §3; am L 2006, c 299, §8]
2023 Hawaii Revised Statutes › Title 32. Courts and Court Officers › 602. Courts of Appeal › 602-53 Terms.

§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]
2023 Hawaii Revised Statutes › Title 32. Courts and Court Officers › 602. Courts of Appeal › 602-55 Panels; substitute judge.

§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 disqualification, the chief justice of the supreme court may designate circuit judges, retired intermediate appellate judges, or retired supreme court justices to temporarily fill the vacancy or the need to make up a panel. A judge serving temporarily shall not be actively engaged in the practice of law. Substitute judges shall be compensated per diem at a rate of pay equivalent to that of associate intermediate appellate judges. [L 1979, c 111, pt of §3; am L 1983, c 244, §1; am L 2006, c 4, §1; am L 2021, c 10, §1]
2023 Hawaii Revised Statutes › Title 32. Courts and Court Officers › 602. Courts of Appeal › 602-56 Absence, disability, of the chief judge.

§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. [L 1979, c 111, pt of §3]
2023 Hawaii Revised Statutes › Title 32. Courts and Court Officers › 602. Courts of Appeal › 602-57 Jurisdiction.

§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:
(1) To hear and determine appeals from any court or agency when appeals are allowed by law;
(2) To entertain, in its discretion, any case submitted without suit when there is a question of law that could be the subject of a civil action or proceeding in the circuit court, or tax appeal court, and the parties agree upon the facts upon which the controversy depends; and
(3) To make or issue any order or writ necessary or appropriate in the aid of its jurisdiction, and in such case, any judge may issue a writ or an order to show cause returnable before the court. L 1979, c 111, pt of §3; am L 2004, c 202, §57; am L 2006, c 94, §1 and c 145, §1; am L 2010, c 109, §1
Law Journals and Reviews
The Lum Court, Land Use, and the Environment: A Survey of Hawai €˜i Case Law 1983 to 1991. 14 UH L. Rev. 119 (1992).
The Development of Hawai €˜i's Appellate Courts: An Organizational Perspective. 33 UH L. Rev. 875 (2011).
Case Notes
Section 174C-60 is inconsistent with and cannot stand together with §602-5 and this section, as amended by Act 202, L 2004, and was deemed amended by implication, effective July 1, 2006, to authorize appeals from the water commission to the intermediate appellate court, not to the supreme court. 113 H. 52, 147 P.3d 836 (2006).
Where bankruptcy court remanded the entirety of the adversary proceeding to the circuit court, and petitioner timely appealed to the appellate court the bankruptcy court's good faith determination which had not been modified or set aside by the circuit court and thus remained in effect, since this section gives the appellate court jurisdiction over appeals from the circuit court that are "allowed by law", and §663-15.5(e) authorized an appeal from the good faith determination, the appellate court had jurisdiction over the appeal. 125 H. 186, 256 P.3d 694 (2011).
Court will not decide moot question. 1 H. App. 491, 620 P.2d 765 (1980).