The Constitution
of the
State of Hawaii
Incorporating the November 7, 2006 election changes,
and including the annotation.
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Article VI - The Judiciary
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Note:
This article was renumbered from Article V to be Article VI by Const Con 1978 and election Nov 7, 1978. The former Article VI now appears as Article VII.
6.1
Judicial power
The judicial power of the State shall be vested in one supreme court, one intermediate appellate court, circuit courts, district courts and in such other courts as the legislature may from time to time establish. The several courts shall have original and appellate jurisdiction as provided by law and shall establish time limits for disposition of cases in accordance with their rules. [Ren and am Const Con 1978 and election Nov 7, 1978]
Law Journals and Reviews:
Judicial Independence: The Hawaii Experience. 2 UH L. Rev. 1.
The Price of Precedent: Anastasoff v. United States. 23 UH L. Rev. 795.
Hawai`i's Justiciability Doctrine. 26 UH L. Rev. 537.
Case Notes:
Where Congress has not expressly set out exclusive jurisdiction, state courts are competent to decide federal claims. 437 F. Supp. 368.
Section 605-1, concerning bar examinations, does not invade judicial functions. 44 H. 27, 352 P.2d 607.
Judicial power and venue requirements distinguished. 53 H. 398, 495 P.2d 585.
Supreme court has jurisdiction over matter relating to incorporation of attorneys. 55 H. 121, 516 P.2d 1267.
Article V, §6 and this section, neither separately nor together prohibit the establishment of the administrative driver’s license revocation office in the judiciary. 91 H. 212 (App.), 982 P.2d 346.
6.2
Supreme court; intermediate appellate court; circuit courts
The supreme court shall consist of a chief justice and four associate justices. The chief justice may assign a judge or judges of the intermediate appellate court or a circuit court to serve temporarily on the supreme court, a judge of the circuit court to serve temporarily on the intermediate appellate court and a judge of the district court to serve temporarily on the circuit court. As provided by law, at the request of the chief justice, retired justices of the supreme court also may serve temporarily on the supreme court, and retired judges of the intermediate appellate court, the circuit courts, the district courts and the district family courts may serve temporarily on the intermediate appellate court, on any circuit court, on any district court and on any district family court, respectively. In case of a vacancy in the office of chief justice, or if the chief justice is ill, absent or otherwise unable to serve, an associate justice designated in accordance with the rules of the supreme court shall serve temporarily in place of the chief justice. [Am Const Con 1968 and election Nov 5, 1968; ren and am Const Con 1978 and election Nov 7, 1978; am HB 355 (1985) and election Nov 4, 1986]
Cross References:
Statutory provisions, see §§602-1, 602-3, and 602-10.
Case Notes:
Assignment of circuit judges.
Request for appointment of circuit judges by drawing of lots denied; Constitution mandates appointment by the chief justice. 53 H. 174, 488 P.2d 1406.
6.3
Appointment of justices and judges; qualifications for appointment; tenure; retirement
[This section supersedes the section printed in the HRS.]
The governor, with the consent of the senate, shall fill a vacancy in the office of the chief justice, supreme court, intermediate appellate court and circuit courts, by appointing a person from a list of not less than four, and not more than six, nominees for the vacancy, presented to the governor by the judicial selection commission.
If the governor fails to make any appointment within thirty days of presentation, or within ten days of the senate's rejection of any previous appointment, the appointment shall be made by the judicial selection commission from the list with the consent of the senate. If the senate fails to reject any appointment within thirty days thereof, it shall be deemed to have given its consent to such appointment. If the senate shall reject any appointment, the governor shall make another appointment from the list within ten days thereof. The same appointment and consent procedure shall be followed until a valid appointment has been made, or failing this, the commission shall make the appointment from the list, without senate consent.
The chief justice, with the consent of the senate, shall fill a vacancy in the district courts by appointing a person from a list of not less than six nominees for the vacancy presented by the judicial selection commission. If the chief justice fails to make the appointment within thirty days of presentation, or within ten days of the senate's rejection of any previous appointment, the appointment shall be made by the judicial selection commission from the list with the consent of the senate. The senate shall hold a public hearing and vote on each appointment within thirty days of any appointment. If the senate fails to do so, the nomination shall be returned to the commission and the commission shall make the appointment from the list without senate consent. The chief justice shall appoint per diem district court judges as provided by law.
QUALIFICATIONS FOR APPOINTMENT
Justices and judges shall be residents and citizens of the State and of the United States, and licensed to practice law by the supreme court. A justice of the supreme court, a judge of the intermediate appellate court and a judge of the circuit court shall have been so licensed for a period of not less than ten years preceding nomination. A judge of the district court shall have been so licensed for a period of not less than five years preceding nomination.
No justice or judge shall, during the term of office, engage in the practice of law, or run for or hold any other office or position of profit under the United States, the State or its political subdivisions.
TENURE; RETIREMENT
The term of office of justices and judges of the supreme court, intermediate appellate court and circuit courts shall be ten years. Judges of district courts shall hold office for the periods as provided by law. At least six months prior to the expiration of a justice's or judge's term of office, every justice and judge shall petition the judicial selection commission to be retained in office or shall inform the commission of an intention to retire. If the judicial selection commission determines that the justice or judge should be retained in office, the commission shall renew the term of office of the justice or judge for the period provided by this section or by law.
Justices and judges shall be retired upon attaining the age of seventy years. They shall be included in any retirement law of the State. [Am Const Con 1968 and election Nov 5, 1968; ren and am Const Con 1978 and election Nov 7, 1978; am SB 2182 (1994) and SB 2294 (1994) and election Nov 8, 1994; am HB 1917 (2006) and election Nov 7, 2006]
Cross References:
Circuit courts, see chapter 603.
Compensation, see §§602-2, 603-5, and 604-2.5.
Judicial salary commission, see §608-1.5.
Retirement allowance, see §88-74.
Attorney General Opinions:
A justice of the supreme court whose term has expired may hold over until the justice's successor has been appointed, even beyond the adjournment of the senate considering successors. Att. Gen. Op. 67-6.
A member of the legislature who has been appointed to the circuit court but who has not yet qualified for the office is not yet holding judicial office. Att. Gen. Op. 80-2.
Any duly appointed district court judge may be temporarily assigned to preside on the circuit court by the chief justice of the supreme court. Att. Gen. Op. 88-8.
Law Journals and Reviews:
Administering Justice or Just Administration: The Hawaii Supreme Court and the Intermediate Court of Appeals. 14 UH L. Rev. 271.
Case Notes:
A judge who has made a public announcement of intention to seek public office is a candidate. 53 H. 496, 497 P.2d 549.
Exercise of testamentary power of appointment by justices not prohibited when there is no remuneration. 55 H. 104, 516 P.2d 1239.
Appointment as a district family judge does not qualify as being "licensed to practice law by the supreme court". 61 H. 112, 595 P.2d 1080.
1978 constitutional convention intended by implication that restrictive provision relating to practice of law applied only to full-time justices and judges, thereby excluding per diem judges from its proscription. Section 604-2, authorizing per diem judges to practice law, was not in violation of Hawaii constitution’s provision prohibiting full-time judges from practicing law during their term of office. 74 H. 394, 846 P.2d 894.
No violation of section where circuit court judge assigned duties as administrative director of courts as newly-assigned duties were addition to existing responsibilities and not creation of additional office or position. 85 H. 258, 942 P.2d 522.
Hawaii Legal Reporter Citations:
Qualifications for judicial appointment. 79 HLR 79-0385.
6.4
Judicial selection commission
There shall be a judicial selection commission that shall consist of nine members. The governor shall appoint two members to the commission. No more than one of the two members shall be a licensed attorney. The president of the senate and the speaker of the house of representatives shall each respectively appoint two members to the commission. The chief justice of the supreme court shall appoint one member to the commission. Members in good standing of the bar of the State shall elect two of their number to the commission in an election conducted by the supreme court or its delegate. No more than four members of the commission shall be licensed attorneys. At all times, at least one member of the commission shall be a resident of a county other than the City and County of Honolulu.
The commission shall be selected and shall operate in a wholly nonpartisan manner. After the initial formation of the commission, elections and appointments to the commission shall be for staggered terms of six years each. Notwithstanding the foregoing, no member of the commission shall serve for more than six years on the commission.
Each member of the judicial selection commission shall be a resident of the State and a citizen of the United States. No member shall run for or hold any other elected office under the United States, the State or its political subdivisions. No member shall take an active part in political management or in political campaigns. No member shall be eligible for appointment to the judicial office of the State so long as the person is a member of the judicial commission and for a period of three years thereafter.
No act of the judicial selection commission shall be valid except by concurrence of the majority of its voting members.
The judicial selection commission shall select one of its members to serve as chairperson. The commission shall adopt rules which shall have the force and effect of law. The deliberations of the commission shall be confidential.
The legislature shall provide for the staff and operating expenses of the judicial selection commission in a separate budget. No member of the judicial selection commission shall receive any compensation for commission services, but shall be allowed necessary expenses for travel, board and lodging incurred in the performance of commission duties.
The judicial selection commission shall be attached to the judiciary branch of the state government for purposes of administration. [Add Const Con 1978 and election Nov 7, 1978; am SB 2513 (1994) and SB 2515 (1994) and election Nov 8, 1994]
Note:
Rules of Court: See Judicial Selection Commission Rules.
Case Notes:
Confidentiality requirement of rule 7 of the rules of the judicial selection commission does not apply to the governor or the chief justice after the judicial selection commission has submitted its lists of judicial nominees for consideration; it is within the sole discretion of appointing authorities whether to make public disclosure of the commission’s lists of judicial nominees. 75 H. 333, 861 P.2d 723.
6.5
Retirement; removal; discipline
The supreme court shall have the power to reprimand, discipline, suspend with or without salary, retire or remove from office any justice or judge for misconduct or disability, as provided by rules adopted by the supreme court.
The supreme court shall create a commission on judicial discipline which shall have authority to investigate and conduct hearings concerning allegations of misconduct or disability and to make recommendations to the supreme court concerning reprimand, discipline, suspension, retirement or removal of any justice or judge. [Am Const Con 1968 and election Nov 5, 1968; ren and am Const Con 1978 and election Nov 7, 1978]
6.6
Administration
The chief justice of the supreme court shall be the administrative head of the courts. The chief justice may assign judges from one circuit court to another for temporary service. With the approval of the supreme court, the chief justice shall appoint an administrative director to serve at the chief justice's pleasure. [Ren and am Const Con 1978 and election Nov 7, 1978]
Cross References:
Administrative director, see §601-3.
Chief justice, see §601-2.
Judicial council, see §601-4.
6.7
Rules
The supreme court shall have power to promulgate rules and regulations in all civil and criminal cases for all courts relating to process, practice, procedure and appeals, which shall have the force and effect of law. [Ren Const Con 1978 and election Nov 7, 1978]
Note:
Rules of Court: See Rules of the Supreme Court; Code of Professional Responsibility; 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.
Attorney General Opinions:
This section does not vest exclusive rule making power in the supreme court so as to preclude legislative action on procedural matters. Att. Gen. Op. 67-9.
Case Notes:
Procedural statutes in conflict with rules are ineffective. 48 H. 152, 159, 397 P.2d 593; 48 H. 290, 300, 401 P.2d 449.
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Article VI - The Judiciary
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