reglab/statecodes huggingface dataset:
2023 Hawaii Revised Statutes › Title 32. Courts and Court Officers › 607. Costs and Fees › 607-21 Expense of bond.

§607-21 Expense of bond.
Any receiver, assignee, guardian, trustee, committee, personal representative, commissioner, or other fiduciary required by law or the order of any court to give a bond, or other obligation as such, may include as a part of the lawful and chargeable expense of executing the individual's trust a reasonable sum, to be paid to a company authorized under the laws of the State to become surety on the bond or obligation for becoming the individual's surety thereon, as may be allowed by the court in which the individual is required to account, not exceeding one per cent a year on the amount of the bond. [RL 1935, pt of §3793; RL 1945, §9759; RL 1955, §219-20; HRS §607-21; am L 1972, c 88, §5(u); am L 1976, c 200, pt of §1; am L 2016, c 55, §23]
2023 Hawaii Revised Statutes › Title 32. Courts and Court Officers › 607. Costs and Fees › 607-23 Fees of commissioners, appraisers, etc.

§607-23 Fees of commissioners, appraisers, etc.
Fees of commissioners and appraisers shall be such as the court deems just and reasonable, together with actual and necessary traveling expenses at the same rate paid for traveling expenses to witnesses subpoenaed, and all actual disbursements for surveying, plans, etc. [RL 1935, pt of §3793; am L 1941, c 293, §1; RL 1945, §9761; am L 1945, c 37, §2; RL 1955, §219-22; am L 1963, c 85, §3; HRS §607-23; am L 1972, c 88, §5(v)]
2023 Hawaii Revised Statutes › Title 32. Courts and Court Officers › 607. Costs and Fees › 607-24 No bonds or costs to be filed or paid by government.

§607-24 No bonds or costs to be filed or paid by government.
Neither the State nor any county or any political subdivision, board, or commission thereof, nor any officer, acting in the officer's official capacity on behalf of the State or any county or other political subdivision, board, or commission thereof, shall be taxed costs or required to pay or make any deposit for the same or file any bond in any case whether for costs, on motion for new trial, or on appeal, or for any other purpose whatsoever. In all cases in which a final judgment or decree is obtained against the State, county, or other political subdivision or any board or commission thereof, any and all deposits for costs made by the prevailing party shall be returned to the prevailing party, and the prevailing party shall be reimbursed by the State, county, or other political subdivision, board, or commission thereof, as the case may be, all actual disbursements, not including attorney's fees or commissions, made by the prevailing party and approved by the court. [L 1907, c 63, §1; RL 1925, §2546; am L 1933, c 212, §1; RL 1935, §3795; am L 1937, c 126, §1; RL 1945, §9762; RL 1955, §219-23; HRS §607-24; am L 1972, c 88, §5(w); gen ch 1985]
Rules of Court
See HRCP rules 37(e), 54(d), 62(e).
Case Notes
Attorney's commissions and fees not chargeable against Territory. 20 H. 112 (1910).
Costs not chargeable against public officers. 20 H. 359 (1911) (sheriff in habeas corpus). 21 H. 274 (1912) (sheriff in replevin). 20 H. 455 (1911); 23 H. 187 (1916) (superintendent of public works); not (prior to am.) against county. 20 H. 112 (1910); 23 H. 524, 527 (1916).
Not applicable to bond on writ of error. 32 H. 111 (1931) (former law).
Return of costs to successful plaintiff. 34 H. 245 (1937).
Section does not apply to the receiver of a national bank. 34 H. 308 (1937).
Not applicable to criminal prosecutions. 36 H. 546 (1943).
"Final judgment". 36 H. 603 (1943); 39 H. 1 (1950).
Where State is successful in condemning property under chapter 101, condemnee is not "prevailing party" and cannot recover "actual disbursements". 53 H. 582, 499 P.2d 663 (1972).
Where a prevailing party has "obtained" "a final judgment" "against the State", the court may award the prevailing party its "actual disbursements" pursuant to §607-9, this section, and HRAP rule 39. 110 H. 269, 132 P.3d 378 (2006).
2023 Hawaii Revised Statutes › Title 32. Courts and Court Officers › 607. Costs and Fees › 607-26 Limit on supersedeas bond.

§607-26 Limit on supersedeas bond.
(a) In any civil action brought under any legal theory, the amount of a supersedeas bond or other form of security necessary to stay execution of a judgment granting legal, equitable, or any other form of relief during the entire course of all appeals or discretionary review of that judgment by all appellate courts shall be set in accordance with applicable law, except that:
(1) The total amount of the supersedeas bond or other form of security that is required of any party shall not exceed $25,000,000, regardless of the amount or any other provision of the judgment that is appealed;
(2) If the party posting the supersedeas bond is a "small business concern" as defined by section 210-1, the supersedeas bond shall not exceed $1,000,000; and
(3) If a party in whose favor the judgment has been entered proves to a court by a preponderance of the evidence that an appellant who has posted a supersedeas bond is intentionally dissipating assets outside the ordinary course of its business for the purpose of avoiding payment of the judgment, a court may require the appellant to post a supersedeas bond in an amount up to the total amount of the judgment appealed. Dissipation of assets shall not include expenditures, including payments to the owners of a business, of the kind that the appellant made in the regular course of business prior to entry of the judgment being appealed.
(b) This section shall not apply to the limitation on bonds for tobacco master settlement agreement signatories and their successors and affiliates under section 328L-7.
(c) For purposes of this section:
"Civil action" includes, without limitation, cases involving individual, aggregated, class action, or otherwise joined claims.
"Legal, equitable, or any other form of relief" means all forms of relief, including without limitation, compensatory, special, punitive, exemplary or other damages, injunctive relief, or any other form of relief. [L 2006, c 11, §1]
2023 Hawaii Revised Statutes › Title 32. Courts and Court Officers › 608. Expenses and Salaries › 608-1 Personnel and expenses of circuit courts.

§608-1 Personnel and expenses of circuit courts.
The State shall pay the expenses of the several circuit courts and the salaries of such officers and employees as may be required by such courts, including without prejudice to the generality of the foregoing, expenses of the family courts and agencies thereof. The judge or judges of the several circuit courts shall appoint such officers and employees as may be required by the courts and for which appropriations have been made by the legislature; provided that the officers and employees of the family court of the first circuit, including without prejudice to the generality of the foregoing probation officers, truant officers, and personnel of the detention home, shall be appointed by the judge of the family court under whose supervision the appropriations for the division shall be expended. Except as otherwise provided, the officers and employees shall be members of the civil service system of the State and shall be subject to chapter 76 and the appropriate collective bargaining agreement, executive order, executive directive, or rule. [RL 1935, 1st and last par of §3940; am L 1937, c 215, §3; am L Sp 1941, c 94, §1; RL 1945, §9771; am L 1945, c 35, §1 and c 142, §4; RL 1955, §220-1; am L 1965, c 232, §1; HRS §608-1; am L 1972, c 88, §7(a), (b); am L 2002, c 148, §43]
Note
For prior history, see note to §9771, RL 1945.
Case Notes
Anticipatory assignment of salary by public officer is void as being against public policy. 25 H. 43 (1919).
2023 Hawaii Revised Statutes › Title 32. Courts and Court Officers › 608. Expenses and Salaries › 608-2 District court, salaries, expenses, etc.

§608-2 District court, salaries, expenses, etc.
The salaries of the district judges, clerks, and other assistants and the expenses of the district judges shall be paid by the State. The judges shall have power to appoint such additional officers or employees as may be required by the courts and for which appropriations have been made by the legislature. Except as otherwise provided, such officers and employees shall be subject to chapter 76 and the appropriate collective bargaining agreement, executive order, executive directive, or rule. [L 1909, c 122, §1; RL 1925, §2133; RL 1935, pt of §3941; RL 1945, §9777; RL 1955, §220-2; am L 1965, c 97, §16; HRS §608-2; am L 1970, c 188, §30; am L 1972, c 88, §7(c); am L 2002, c 148, §44]
Cross References
Salary of district judge, see §604-2.5.
2023 Hawaii Revised Statutes › Title 32. Courts and Court Officers › 612. Jurors › 612-1 Declaration of policy.

Revision Note
Part heading added pursuant to §23G-15.
§612-1 Declaration of policy.
It is the policy of this State that all persons selected for jury service be selected at random from a fair cross section of the population of the area served by the court, and that all qualified citizens have the opportunity in accordance with this chapter to be considered for jury service in this State and an obligation to serve as jurors when summoned for that purpose. [L 1973, c 191, pt of §1]
Cross References
Right to trial by jury of the "district" conferred by Const. art. I, §14. "District" means the judicial circuit, §806-17.
Law Journals and Reviews
State v. Levinson: Limitations on a Criminal Defendant's Use of Peremptory Challenges. 13 UH L. Rev. 279 (1991).
2023 Hawaii Revised Statutes › Title 32. Courts and Court Officers › 612. Jurors › 612-2 Prohibition of discrimination.

§612-2 Prohibition of discrimination.
A citizen shall not be excluded from jury service in this State on account of race, color, religion, sex, including gender identity or expression, national origin, economic status, or physical disability, except as provided in section 612-4(b)(1). [L 1973, c 191, pt of §1; am L 1976, c 159, §9; am L 2007, c 122, §1; am L 2022, c 40, §1]
2023 Hawaii Revised Statutes › Title 32. Courts and Court Officers › 612. Jurors › 612-3 Definitions.

§612-3 Definitions.
As used in this chapter:
"Circuit" refers to a judicial circuit, as specified in section 603-1.
"Clerk" and "clerk of the court" means the chief court administrator for a circuit, any authorized deputy chief court administrator, and any other person designated by the chief court administrator or the court to perform the functions under this chapter.
"Court" means the circuit and district courts of this State, and includes, when the context requires, any judge of the court. When there is an administrative judge, any administrative powers granted by this chapter may be exercised by that judge or the judge's designee, unless otherwise provided.
"Disability" means the state of having a physical or mental impairment that substantially limits one or more of a person's major life activities, having a record of such an impairment, or being regarded as having such an impairment.
"Felony" means a crime as defined in section 701-107(2).
"Jury wheel" means any physical device or electronic system for the storage of the names or identifying numbers of prospective jurors.
"Name", when used in connection with prospective jurors, includes identifying numbers of the jurors. [L 1973, c 191, pt of §1; am L 1976, c 159, §10; gen ch 1985; am L 1993, c 104, §1; am L 2007, c 122, §2]
2023 Hawaii Revised Statutes › Title 32. Courts and Court Officers › 612. Jurors › 612-5 Disqualification by interest.

§612-5 Disqualification by interest.
No person shall sit as a juror in any case in which the person's relative by affinity or by consanguinity within the third degree is interested, either as a plaintiff or defendant, or in the issue of which the juror has, either directly or through such relative, any pecuniary interest. [L 1973, c 191, pt of §1; gen ch 1985]
2023 Hawaii Revised Statutes › Title 32. Courts and Court Officers › 612. Jurors › 612-6 Exempt when.

§612-6 Exempt when.
A person may claim exemption from service as a juror if the person is:
(1) An elected official while the legislature is in session, or a judge of the United States, State, or county;
(2) An actively practicing physician or dentist;
(3) A member of the armed forces or militia when on active service and deployed out-of-state;
(4) An active member of a police or fire department;
(5) A person who has served as a juror, either in a court of this State or the United States District Court for the District of Hawaii, within one year preceding the time of filling out the juror qualification form;
(6) An active member of an emergency medical services agency;
(7) A person living more than seventy miles from the court for which jury service is required;
(8) A person eighty years of age or older; or
(9) A woman who is breastfeeding a child or expressing breast milk for a period of two years from the birth of the child.
For purposes of this section, "emergency medical services agency" means any government agency, private agency, or company that provides ambulance services, emergency medical services, or disaster medical services. [L 1973, c 191, pt of §1; gen ch 1985; am L 1987, c 366, §3; am L 2006, c 313, §1; am L 2007, c 87, §1; am L 2016, c 46, §2]
2023 Hawaii Revised Statutes › Title 32. Courts and Court Officers › 612. Jurors › 612-7 Excused when, for cause.

§612-7 Excused when, for cause.
A prospective juror shall not be excused by a court for slight or trivial cause, but only when it appears that jury duty would entail a serious personal hardship, or that for other good cause the prospective
juror should be excused either temporarily or otherwise. [L 1973, c 191, pt of §1; gen ch 1985; am L 2007, c 122, §4]
Case Notes
Order excusing a juror from further duty is in the discretion of the court and cannot be reversed by mandamus. 13 H. 332 (1901); 21 H. 66 (1912).
Where prospective juror was prosecutor currently employed by same office as prosecutor trying the defendant, court shall imply bias as a matter of law and dismiss prospective juror for cause. 86 H. 195, 948 P.2d 1036 (1997).
Blood relationship between juror's and defendant's families was not "slight or trivial cause"; thus, it was within court's discretion to excuse juror for cause. 93 H. 344 (App.), 3 P.3d 510 (2000).
2023 Hawaii Revised Statutes › Title 32. Courts and Court Officers › 612. Jurors › 612-8 Pay of jurors; mileage fee; bus fare; parking violations exemption.

§612-8 Pay of jurors; mileage fee; bus fare; parking violations exemption.
(a) Each juror or prospective juror shall be paid $30 for each day of actual attendance at court. In addition, each juror or prospective juror shall be paid the higher of either:
(1) 33 cents for each mile actually and necessarily traveled in going to and from court; or
(2) The cost of an adult bus fare to and from the court.
A person who appears at the time for which that person is summoned to court for jury duty may be allowed the mileage fee or bus fare although the person, upon that person's request, is subsequently excused or exempted from jury service.
(b) In the discretion of the court, any juror who incurs expenses for transportation, board, and lodging as a result of the distance the juror resides from the location of the court, may be reimbursed for actual expenses.
(c) All jurors or prospective jurors shall be exempt from any prosecution, penalty, or fine as a result of a parking violation committed in connection with the juror or prospective juror appearing at court for jury duty; provided that the juror or prospective juror shall present any parking citation received during this time to the court clerk of the circuit court or district court or the jury pool clerk, as appropriate, who shall verify that the juror or prospective juror was serving on jury duty or appearing in court in response to a summons for jury duty at the time the citation was received. The clerk of the circuit court or district court or the jury pool clerk, as appropriate, shall keep an attendance roll in which shall be entered each juror's or prospective juror's name, each date the juror or prospective juror was summoned and appeared for jury duty, and the date the juror or prospective juror was discharged from service. The supreme court shall adopt rules necessary to effect this section. [L 1973, c 191, pt of §1; am L 1974, c 147, §1; am L 1985, c 261, §1; am L 1986, c 251, §1; am L 1988, c 189, §1 and c 281, §1; am L 1993, c 104, §2; am L 2007, c 122, §5; am L 2015, c 17, §1]
2023 Hawaii Revised Statutes › Title 32. Courts and Court Officers › 612. Jurors › 612-9 Certificate for jury pay.

§612-9 Certificate for jury pay.
At least once each month, the clerk shall certify the number of days each juror or prospective juror has attended court and the amount due to the juror or prospective juror. [L 1973, c 191, pt of §1; gen ch 1985; am L 2007, c 122, §6]
2023 Hawaii Revised Statutes › Title 32. Courts and Court Officers › 612. Jurors › 612-11 Master list.

§612-11 Master list.
(a) Each year the clerk for each circuit shall compile a master list. The master list shall consist of all voter registration lists for the circuit, which shall be supplemented with other lists of persons residing in the circuit, such as lists of taxpayers and licensed drivers. Notwithstanding any other law to the contrary, including section 235-116, the lists used to compile the master list shall contain available identifying information of the persons on the list, such as last name, first name, middle initial, date of birth, gender, address, and social security number. Each person's name shall appear only once on the master list.
(b) Whoever has custody, possession, or control of any of the lists used in compiling the master list, shall make the list available to the clerk for inspection, reproduction, and copying at all reasonable times. [L 1973, c 191, pt of §1; am L 1987, c 366, §4; am L 2002, c 92, §2; am L 2007, c 122, §7]
Case Notes
The mere fact that the trial jurors drawn from the jury list did not contain percentages of persons of nativity of the citizenry in the court's jurisdiction did not show that the list itself violated the jury statute. Violation occurs if there is systematic or arbitrary exclusion of or discrimination between persons of a particular race. 118 F.2d 667 (1941).
Evidence disclosing that the employer entrepreneur group comprised but about 3.6% of the population of the county but comprised 42% of the grand jury list and that male laborers comprised approximately 79% of male population of county but 12% of grand jury list established that an erroneous method had been employed in selecting the grand jury list. 82 F. Supp. 65, 117 (1948), reversed on other grounds. 187 F.2d 860 (1951).
Proportional representation. 103 F. Supp. 1 (1952); 105 F. Supp. 727 (1952).
Selection of jurors under earlier amendments. 17 H. 23 (1905); 18 H. 46 (1906); 22 H. 618 (1915).
Grand jury not incompetent through omission to apportion list of persons from different precincts. 29 H. 7 (1926).
Denial of plea in bar and motion to dismiss indictment upon ground selection was not made without reference to race, place of nativity, or sex was not erroneous. 45 H. 247, 365 P.2d 460 (1961).
2023 Hawaii Revised Statutes › Title 32. Courts and Court Officers › 612. Jurors › 612-12 Master jury wheel.

§612-12 Master jury wheel.
Each year the clerk for each circuit, by random selection, shall place in the master jury wheel the names of prospective jurors taken from the master list, in such number as the clerk determines should be processed in order to provide the number of jurors required for the ensuing year. From time to time an additional number may be determined by the clerk or ordered by the court to be placed in the master jury wheel. [L 1973, c 191, pt of §1; am L 1987, c 366, §5]
2023 Hawaii Revised Statutes › Title 32. Courts and Court Officers › 612. Jurors › 612-14 Qualified jury wheel.

§612-14 Qualified jury wheel.
(a) Upon return of the juror qualification forms, the clerk, after careful investigation in each case, shall select for prospective jury service all those persons whom the clerk believes are qualified and not exempt; provided that any person who is exempt may be selected if the person waives the person's exemption.
(b) The names of the persons so selected shall be placed in the qualified jury wheel, to be used in compiling lists of prospective jurors subject to service during the ensuing year; provided that the clerk, with the approval of the court, may excuse a prospective juror for any cause set forth under section 612-7, in which case the name of the excused person shall not be placed in the qualified jury wheel.
(c) The clerk may place in the qualified jury wheel for further service the name of any person who, in the previous jury year, wilfully or without reasonable excuse failed to appear as summoned. [L 1973, c 191, pt of §1; gen ch 1985; am L 1987, c 366, §7; am L 1996, c 136, §1; am L 2007, c 122, §9]
2023 Hawaii Revised Statutes › Title 32. Courts and Court Officers › 612. Jurors › 612-15 Certified jury lists.

§612-15 Certified jury lists.
(a) Every year, the clerk of each circuit shall make and file, not later than January 5, one or more certified lists of the names and addresses of such number of persons as the court may order, subject to serve as grand jurors during the ensuing year from and after January 15. Every year, the clerk of each circuit shall likewise make and file, not later than December 20, a separate certified list of the names and addresses of citizens subject to serve as trial jurors during the ensuing year, from and after January 1, the number for each circuit, which shall be as the clerk considers necessary. The certified lists of prospective grand jurors and trial jurors shall be compiled from names drawn at random from the qualified jury wheel, and shall be prepared in alphabetical sequence. Upon the order of the court, from time to time, additional lists of persons subject to serve as grand jurors shall be compiled and filed, and additional names shall be added to a grand or trial jury list; provided that all additions shall be made by drawing from the qualified jury wheel for the appropriate year. When more than one grand jury list has been compiled, the sequence in which the lists are to be used shall be designated by the clerk according to the sequence of drawing. The names on the certified lists shall be open to public inspection, after redaction of addresses and other personal information and identifiers, subject to orders of the court.
(b) In the second, third, and fifth circuits, any circuit judge, and in the first circuit, a majority of the circuit judges, at any time, for reasons appearing sufficient to the judge or them, may order the dissolution of any certified list of prospective grand or trial jurors and order the clerk to make and file a new list, which may include any of the persons so discharged, to serve for the remainder of the year. The new list shall be compiled in the manner prescribed by the court. Until the new list is filed, grand or trial jurors may be drawn from a list thereof compiled and filed by the judge or judges making the order or one or more of them designated by the remainder, which list shall expire not later than thirty days after the filing thereof unless the period is extended, except that trial jurors may sit beyond the end of the period prescribed in this subsection and after the filing of a new list by the clerk, for the trial of any case in which the selection of the jury has already commenced. [L 1973, c 191, pt of §1; gen ch 1985; am L 1987, c 366, §8; am L 1993, c 159, §1; am L 2002, c 92, §4; am L 2007, c 122, §10]
2023 Hawaii Revised Statutes › Title 32. Courts and Court Officers › 612. Jurors › 612-18 Trial jury; additional requirements.

§612-18 Trial jury; additional requirements.
(a) If the court so orders, prospective trial jurors shall be drawn and summoned, and further proceedings had as provided in section 612-17.
(b) In no case shall the trial jurors be chosen other than by lot, nor shall the trial jury be selected from the prospective jurors other than by lot in open court.
(c) The names of prospective jurors to be summoned to sit as a jury, and the contents of juror qualification forms completed by those jurors, shall be made available to the litigants concerned. [L 1973, c 191, pt of §1; am L 1987, c 366, §11; am L 1993, c 159, §4; am L 2007, c 122, §13]
Case Notes
Purpose of subsection (c) is to uphold a criminal defendant's constitutional guarantees of a presumption of innocence and an impartial jury. 83 H. 507, 928 P.2d 1 (1996).
2023 Hawaii Revised Statutes › Title 32. Courts and Court Officers › 612. Jurors › 612-19 Summoning of prospective jurors.

§612-19 Summoning of prospective jurors.
(a) When so ordered by the court, the clerk shall transmit to the chief of police or a bailiff the names of prospective jurors to be summoned. The chief of police or bailiff, either personally or through an authorized subordinate, shall summon the persons named to attend the court by giving personal notice to each of the time and place of required appearance as fixed by order of the court. The court may order the summoning of prospective jurors by any officer of the court, and the service of summons by any form of personal notice, including notice by telephone.
(b) A prospective juror who, wilfully or without reasonable excuse, fails to attend after receipt of a summons by the court may be arrested and punished for contempt.
(c) The clerk may place in the qualified jury wheel for further service in the ensuing jury year the name of any prospective juror who wilfully or without reasonable excuse failed to attend after receipt of a summons by the court. [L 1973, c 191, pt of §1; am L 1996, c 136, §2; am L 2007, c 122, §14]
Case Notes
It is the right of defendant to have jury drawn from jurors duly summoned, until the array is exhausted by challenges. 3 H. 154, 165 (1869); 7 H. 352 (1888).
In the absence of a law saying when jurors should be summoned, held that they should be summoned within a reasonable time before the term. 4 H. 439 (1881).
Where a venire for named persons selected under the statute was issued and also an open venire, with oral order to summon the same persons, it is immaterial whether the latter was invalid or whether an open venire could issue at all under our statutes, if the venire under the statute was valid. 15 H. 602, 604 (1904).
2023 Hawaii Revised Statutes › Title 32. Courts and Court Officers › 612. Jurors › 612-20 Requests for exemption or excuse.

§612-20 Requests for exemption or excuse.
If a person who is exempt or who believes oneself to be entitled to be excused from jury duty, is summoned as a juror, even though the person did not request exemption or excuse previously, or was not exempted or excused by the clerk, the person may make the person's request for exemption or excuse to the judge of the court for which the person is summoned. The request may be made to the clerk or bailiff, who shall deliver it to the judge and, if sufficient in substance, it shall be received as an excuse for nonattendance in person. [L 1973, c 191, pt of §1; gen ch 1985; am L 1987, c 366, §12]
2023 Hawaii Revised Statutes › Title 32. Courts and Court Officers › 612. Jurors › 612-21 Jurors disqualified, exempted, or excused.

§612-21 Jurors disqualified, exempted, or excused.
Whenever a juror has been disqualified, exempted, or excused, that fact shall be noted, and the juror shall not be subject to service for the period of time commensurate with the nature and circumstances of the juror's disqualification, exemption, or excuse. [L 1973, c 191, pt of §1; gen ch 1993; am L 2007, c 122, §15]
2023 Hawaii Revised Statutes › Title 32. Courts and Court Officers › 612. Jurors › 612-22 Trial jurors subject to one year of service; one day or one trial requirement.

§612-22
Trial jurors subject to one year of service; one day or one trial requirement.
The persons whose names are placed on the certified lists of prospective trial jurors filed by the clerk shall be subject to service for one year from and after January 1 and until the filing of new certified lists; provided that trial jurors shall serve only one day or one trial during the year. Prospective jurors who are challenged at voir dire and excused, excused for cause, summoned but not called to a courtroom, or called to a courtroom but later excused shall return to the juror pool to await reassignment to another trial. Prospective jurors in the juror pool awaiting reassignment to another trial shall be discharged after it has been determined that their services will not be needed. Prospective jurors who are discharged from the juror pool shall be dismissed from service for the year; provided that prospective jurors who fail to appear as summoned may have their names placed in the qualified jury wheel for service in the ensuing jury year and where a request for deferment of service has been made and granted by the court, the period of time between the first date of summons to appear and the time that the prospective juror is next summoned for service may be tolled and may be applied to extend the eligibility of service if the prospective juror should not again be summoned or serve on an actual trial within the year. Prospective jurors who are accepted to serve on a jury shall complete the duration of the trial and shall be dismissed from service for the year. [L 1973, c 191, pt of §1; am L 1975, c 48, §1; am L 1987, c 366, §13; am L 1988, c 181, §1; am L 1993, c 159, §5; am L 1996, c 136, §3; am L 2007, c 122, §16]
2023 Hawaii Revised Statutes › Title 32. Courts and Court Officers › 612. Jurors › 612-24 Preservation of records.

§612-24 Preservation of records.
All records and papers compiled and maintained by the clerk in connection with the selection and service of jurors shall be preserved by the clerk for four years after the termination of the prescribed period of service and for any longer period ordered by the court. [L 1973, c 191, pt of §1; am L 1987, c 366, §15]
2023 Hawaii Revised Statutes › Title 32. Courts and Court Officers › 612. Jurors › 612-25 Protection of jurors' employment.

§612-25 Protection of jurors' employment.
(a) An employer shall not deprive an employee of the employee's employment, or threaten or otherwise coerce the employee with respect thereto, because the employee receives a summons, responds thereto, serves as a juror, or attends court for prospective jury service.
(b) Any employer who violates subsection (a) is guilty of a petty misdemeanor.
(c) If an employer discharges an employee in violation of subsection (a) the employee within ninety days from the date of discharge may bring a civil action for recovery of wages lost as a result of the violation and for an order requiring the reinstatement of the employee. Damages recoverable shall not exceed lost wages for six weeks. If the employee prevails, the employee shall be allowed a reasonable attorney's fee fixed by the court. [L 1973, c 191, pt of §1; gen ch 1985]
2023 Hawaii Revised Statutes › Title 32. Courts and Court Officers › 612. Jurors › 612-26 Use of electronic or other means for drawing grand and trial juries.

§612-26 Use of electronic or other means for drawing grand and trial juries.
Selections of citizens who are subject to jury duty and drawings of jury lists, may be made by electronic data processing or any other method to ensure random selection of jurors and implement the purposes of this chapter. [L 1973, c 191, pt of §1; am L 1993, c 159, §6; am L 2007, c 122, §17]
2023 Hawaii Revised Statutes › Title 32. Courts and Court Officers › 612. Jurors › 612-27 Rules.

§612-27 Rules.
The supreme court is authorized to adopt, amend, and repeal rules of court, not inconsistent with the policies and objectives set forth in this chapter, regulating all aspects of the selection and management of grand and trial jurors, and setting forth policies, procedures, and forms for the selection and management of grand and trial jurors in the jury pools, in courtrooms, and in other appropriate circumstances in furtherance of the objectives of this chapter. [L 1987, c 366, §2; am L 2007, c 122, §18]
2023 Hawaii Revised Statutes › Title 32. Courts and Court Officers › 612. Jurors › 612-51 Grand jury counsel; appointment and removal.

Revision Note
Part heading added pursuant to §23G-15.
§612-51 Grand jury counsel; appointment and removal.
The chief justice of the state supreme court shall appoint one or more grand jury counsel for the four judicial circuits of the State, without regard to chapters 76 and 89. Right to removal shall rest with the chief justice. [L 1980, c 209, §2; am L 2002, c 148, §45]
2023 Hawaii Revised Statutes › Title 32. Courts and Court Officers › 612. Jurors › 612-53 Grand jury counsel; length of term; extension of term; limitation on reappointment.

§612-53 Grand jury counsel; length of term; extension of term; limitation on reappointment.
(a) Grand jury counsel shall serve for a term of one year following appointment.
(b) The term of a grand jury counsel may be extended when the matters for which the counsel was called to service cannot be completed before the end of the counsel's term. The extension shall be authorized by the chief justice where completion of such matters would be substantially extended or hindered by the assignment of another counsel.
(c) In no case shall grand jury counsel be reappointed to serve consecutive terms.
(d) The term of the grand jury counsel whenever practicable shall be such that it will not be coterminous with the term of the grand jury. [L 1980, c 209, §4]
2023 Hawaii Revised Statutes › Title 32. Courts and Court Officers › 612. Jurors › 612-54 Grand jury counsel; call to duty.

§612-54 Grand jury counsel; call to duty.
Grand jury counsel shall be subject to call by the appointing authority during the counsel's term of office. Such a call for service shall include an estimate of the number of hours or days, or other reasonable approximation of the time that the grand jury shall desire counsel's services. No later than twenty-four hours after a call to service, the grand jury counsel shall notify the appointing authority whether or not the call for service is accepted. [L 1980, c 209, §5]
2023 Hawaii Revised Statutes › Title 32. Courts and Court Officers › 612. Jurors › 612-55 Grand jury counsel; compensation.

§612-55 Grand jury counsel; compensation.
The grand jury counsel shall be compensated on a daily basis at the same rate as per diem judges of the district court. [L 1980, c 209, §6]
Cross References
Per diem district court judges, see §604-2.
2023 Hawaii Revised Statutes › Title 32. Courts and Court Officers › 612. Jurors › 612-56 Grand jury counsel; disqualification.

§612-56 Grand jury counsel; disqualification.
(a) Grand jury counsel shall disqualify oneself in any matter in which circumstances render substantial question upon the counsel's impartiality or which would jeopardize public confidence in the grand jury.
(b) The prosecutor may petition the court for disqualification of the grand jury counsel for cause. Upon a hearing, the court shall issue an appropriate order permitting or denying such petition. [L 1980, c 209, §7; gen ch 1985]
2023 Hawaii Revised Statutes › Title 32. Courts and Court Officers › 612. Jurors › 612-57 Grand jury counsel; duties.

§612-57 Grand jury counsel; duties.
The grand jury counsel shall serve, upon request of the grand jury, as independent legal counsel to the grand jury, to be at the call of the grand jury during its proceedings in obtaining appropriate advice on matters of law after the grand jury has been sworn and charged by the court under section 612-16(d) and during the court's absence. The grand jury counsel may be present during grand jury proceedings, and if not present in the building shall be in the immediate vicinity to the building in which the grand jury meets, so that counsel will be readily available to the grand jury, but shall not participate in the questioning of the witnesses or the prosecution. The grand jury counsel's function shall be only to receive inquiries on matters of law sought by the grand jury, conduct legal research, and provide appropriate answers of law. [L 1980, c 209, §8; am L 1982, c 101, §2]
2023 Hawaii Revised Statutes › Title 32. Courts and Court Officers › 612. Jurors › 612-58 Grand jury proceedings.

§612-58 Grand jury proceedings.
(a) Each grand jury proceeding conducted under the authority of the State shall be provided with access to grand jury counsel.
(b) The deliberation and the voting of the grand jury shall be private; provided that the grand jury may interrupt its deliberation or voting in order to call in the grand jury counsel for the purpose of making specific inquiries of counsel or may transmit written inquiries to counsel from the privacy of its deliberation or voting, but all such inquiries shall be restricted to matters of law.
(c) All inquiries made by the grand jury of the grand jury counsel and all exchanges between them shall be recorded verbatim and made part of the record of the grand jury proceedings. [L 1980, c 209, §9; am L 1982, c 101, §3]
Case Notes
At outset of each session, grand jury counsel must note presence on record and give instructions on procedures to summon for consultation; grand jury counsel need not be physically present throughout proceeding. 64 H. 197, 638 P.2d 309 (1981).
Given that appellant was indicted prior to enactment of this part, indictment was not defective for absence of grand jury counsel. 64 H. 363, 641 P.2d 320 (1982).
2023 Hawaii Revised Statutes › Title 32. Courts and Court Officers › 612. Jurors › 612-59 Dismissal of indictment.

§612-59 Dismissal of indictment.
Any indictment which is based upon a grand jury proceeding in which a violation of section 612-56, 612-57, or 612-58 has occurred may be subject to dismissal without prejudice by an appropriate state court in the exercise of its discretion. Motion for such dismissal may be made by either party or the court. [L 1980, c 209, §10]
Case Notes
As applied to the facts of the case, the circuit court did not abuse its discretion in finding that the grand jury counsel's statements did not give rise to a tendency to prejudice and did not warrant dismissal of the indictment, where statement that defendant's case was in the newspaper was a fact already known to at least one juror, and statements regarding sex offender registration were clarified so that it made clear that the grand jury counsel was not stating a fact in defendant's case. 126 H. 40 (App.), 266 P.3d 448 (2011).
The standard in grand jury counsel misconduct should be the authorized role and function of the grand jury counsel, that is, to advise the grand jury on the law to be applied in making its probable cause determination; thus, to warrant dismissal of an indictment, a defendant must show that the grand jury counsel's misconduct has clearly infringed upon the grand jury's decision-making function and invaded the province of the grand jury, and that the misconduct tended to induce action other than that which reasonable grand jurors, in their uninfluenced judgment, would deem warranted based on the evidence fairly presented to them. 126 H. 40 (App.), 266 P.3d 448 (2011).
2023 Hawaii Revised Statutes › Title 32. Courts and Court Officers › 612. Jurors › 612-60 Grand jury counsel; court review.

§612-60 Grand jury counsel; court review.
If the court finds that the grand jury counsel has provided the grand jury erroneous counsel or has acted improperly, the court may require that the grand jury be given the corrected advice or shall be advised as to improper action, and shall then continue the case. [L 1982, c 101, §4]
Case Notes
As applied to the facts of the case, the circuit court did not abuse its discretion in finding that the grand jury counsel's statements did not give rise to a tendency to prejudice and did not warrant dismissal of the indictment, where statement that defendant's case was in the newspaper was a fact already known to at least one juror, and statements regarding sex offender registration were clarified so that it made clear that the grand jury counsel was not stating a fact in defendant's case. 126 H. 40 (App.), 266 P.3d 448 (2011).
The standard in grand jury counsel misconduct should be the authorized role and function of the grand jury counsel, that is, to advise the grand jury on the law to be applied in making its probable cause determination; thus, to warrant dismissal of an indictment, a defendant must show that the grand jury counsel's misconduct has clearly infringed upon the grand jury's decision-making function and invaded the province of the grand jury, and that the misconduct tended to induce action other than that which reasonable grand jurors, in their uninfluenced judgment, would deem warranted based on the evidence fairly presented to them. 126 H. 40 (App.), 266 P.3d 448 (2011).
2023 Hawaii Revised Statutes › Title 32. Courts and Court Officers › 613. Center for Alternative Dispute Resolution › 613-1 Definitions.

§613-1 Definitions.
As used in this chapter, unless the context otherwise requires:
"Alternative dispute resolution" or "ADR" means methods, procedures, or techniques that are used to resolve differences voluntarily and that do not require a traditional and formal adjudicatory trial or contested hearing. These methods include, but are not limited to, mediation, contractual arbitration, fact- finding, consensus-building, and neutral-expert evaluation.
"Board" means the board of advisors of the center for alternative dispute resolution.
"Center" means the center for alternative dispute resolution.
"Government agencies" means the offices, departments, branches, and other subdivisions of state and county governments. [L 1989, c 346, pt of §2; am L 1991, c 131, §1]
2023 Hawaii Revised Statutes › Title 32. Courts and Court Officers › 613. Center for Alternative Dispute Resolution › 613-2 Establishment of the center for alternative dispute resolution.

§613-2 Establishment of the center for alternative dispute resolution.
(a) There is established within the judiciary the center for alternative dispute resolution. The center shall facilitate the effective, timely, and voluntary resolution of disputes. Through these resolutions, it shall help reduce public and private costs of litigation and increase satisfaction with the justice system. The center shall accomplish its purposes by:
(1) Providing, where feasible and agreed to by the parties, the consultative resources and technical assistance needed to achieve voluntary resolutions for cases that affect the public interest or the work of state and county agencies. These cases shall include but not be limited to:
(A) Public disputes involving actual or threatened court actions over the allocation or management of public resources or the siting of public facilities;
(B) Complex litigation cases in which a court or a regulatory or administrative agency has determined that the dispute involves multiple parties or formidable technical, procedural, or factual issues, or both;
(C) Policy roundtables in which the center, at the request of an executive, legislative, or judicial decisionmaker, convenes and chairs advisory discussions on matters pertaining to standards or rules; and
(D) Other cases directly referred by judges, legislators, agency heads, or appointed government officials;
(2) Promoting in a systematic manner the appropriate use of alternative dispute resolution; and
(3) Disseminating to government agencies and to the community at large up-to-date information on the methods and applications of alternative dispute resolution.
(b) The center shall be organized, guided, and administratively maintained by the chief justice or the chief justice's designee. The chief justice shall appoint a director of the center. The director may hire staff necessary to accomplish the purposes of this chapter, including but not limited to an assistant director and a program specialist. The director, assistant director, and program specialist shall have substantial experience, training, and education in the methodologies of alternative dispute resolution. Employees of the center shall be exempt from chapter 76, shall not be considered civil service employees, but shall be entitled to any employee benefit plan normally inuring to civil service employees. [L 1989, c 346, pt of §2; am L 1991, c 131, §1; am L 2000, c 253, §150]
2023 Hawaii Revised Statutes › Title 32. Courts and Court Officers › 613. Center for Alternative Dispute Resolution › 613-3 Board of advisors.

§613-3 Board of advisors.
(a) A board of advisors of the center for alternative dispute resolution, consisting of nine members, shall be appointed by the chief justice. The board shall:
(1) Foster greater understanding of the center and its purpose by government agencies and by the general public;
(2) Assist the center in disseminating information about the uses, applications, and advantages of alternative dispute resolution; and
(3) Strengthen the acceptance and utilization of alternative dispute resolution by government agencies and the public.
(b) The board of advisors shall include two representatives from the executive branch, two from the legal community, two from the Hawaii state association of counties, and three from the public at large. The board shall meet from time to time to review the center's work and to advise the chief justice and staff of the center regarding the use of alternative dispute resolution methods for matters involving or affecting government agencies and the general public. The board of advisors may add ex officio members as they deem beneficial or desirable to help achieve the center's purposes. All members of the board shall serve without pay. [L 1989, c 346, pt of §2; am L 1991, c 131, §1]
2023 Hawaii Revised Statutes › Title 32. Courts and Court Officers › 613. Center for Alternative Dispute Resolution › 613-4 Annual report.

§613-4 Annual report.
The center shall submit a report on its activities to the legislature at least twenty days prior to the convening of each regular legislative session. [L 1989, c 346, pt of §2; am L 1991, c 131, §1]
2023 Hawaii Revised Statutes › Title 33. Evidence › 621. Evidence and Witnesses, Generally › 621-1 Subpoena, issue of.

§621-1 Subpoena, issue of.
The clerks of the several courts shall issue writs of subpoena as provided by the rules of court or by statute. Except as otherwise provided, the clerks shall issue to any prosecuting officer, and to any party plaintiff or defendant, in any cause, civil or criminal, pending before such courts, or to the counsel of the party, writs of subpoena for witnesses, in blank, so that the names of the witnesses to be summoned may be inserted after the issuing of the writs. [L 1876, c 32, §1; am imp L 1905, c 39, §95; am imp L 1907, c 118, §116; RL 1925, §2556; am imp L 1932 1st, cc 1, 13, §1; RL 1935, §3810; RL 1945, §9821; RL 1955, §222-1; am L 1957, c 124, §1; am L 1963, c 85, §3; HRS §621-1; am L 1972, c 104, §1(a)]
Cross References
Fees for issuing and serving subpoena, see § §607-4, 607-5, 607-6, and 607-8.
Rules of Court
See HRCP rule 45; HRPP rule 17; DCRCP rule 45.
2023 Hawaii Revised Statutes › Title 33. Evidence › 621. Evidence and Witnesses, Generally › 621-4 Compelling attendance.

§621-4 Compelling attendance.
Upon nonattendance of witnesses duly summoned, the service of the writ being proved, the court shall have summary power to cause their attendance and to punish them for contempt. [L 1876, c 32, §3; RL 1925, §2565; RL 1935, §3813; RL 1945, §9824; RL 1955, §222-4; HRS §621-4; am L 1972, c 104, §1(b)]
Rules of Court
See HRCP rule 45(f); DCRCP rule 45(f).
Case Notes
Compelling attendance by attachment. 10 H. 379, 383 (1896).
Where defendant acted diligently to procure material witnesses and they fail to appear, case should be continued. 56 H. 452, 540 P.2d 63 (1975).