Hawaii Intermediate Court of Appeals

Last updated
Hawaii Intermediate Court of Appeals
Hawaii State Judiciary Seal Transparent.png
Established1979 [1]
Jurisdiction Hawaii Flag of Hawaii.svg ,
United States Flag of the United States.svg
Location Honolulu, Hawaii
Composition method Governor nomination with Senate confirmation
Authorized by Haw. Const. art. VI, § 2.
Appeals to Supreme Court of Hawaii
Judge term length10 years
Number of positions7
Website Hawaii Intermediate Court of Appeals
Chief Judge
Currently Katherine G. Leonard (acting)
SinceJanuary 13, 2024

The Hawaii State Intermediate Court of Appeals (ICA) is the intermediate appellate court of the Hawaii State Judiciary. [2] It has jurisdiction over appeals from lower courts and agencies. [3]

Contents

The ICA is composed of one chief judge and six associate judges, [4] who sit in randomly selected panels of three. Each judge is appointed to an initial ten-year term by the Governor. [5] Judges are nominated by the Governor from a list of four to six names submitted by the Judicial Selection Commission. [6] A judge's nomination is subject to confirmation by the Hawaii Senate, but reappointments require only approval of the Judicial Selection Commission. [7] Under article VI, §3 of the Hawaii Constitution, all judges of the Intermediate Court of Appeals, like the justices of the Supreme Court of Hawaii and the judges of the Hawaii State Circuit Courts, have a mandatory retirement age of 70.

History

The Intermediate Court of Appeals was established in 1979. [8] The court consisted of one chief judge and two associate judges. [9] Annual salary of the chief judge was set at $45,000 and the associates judges were set at $43,750. [10] The court shared concurrent jurisdiction with the Hawaii Supreme Court. [11]

Originally, Hawaii adopted the so-called "push-down" or "deflective" model of appellate procedure still used in a small number of other states. Following judgment or appropriate agency decision, a party filed an application for writ of certiorari with the Hawaii Supreme Court. [12] Following granting of a writ of certiorari, the Hawaii Supreme Court would then assign the case to the Intermediate Court of Appeals or to itself. [13] The Hawaii Supreme Court could also reassign a case to itself under limited circumstances. [14]

In 1992, the court expanded to one chief judge and three associate judges. [15]

In 2001, the court expanded to one chief judge and five associate judges. [16]

In 2004, Hawaii changed its appellate procedure so that all appeals from the lower courts and agency decisions would now go directly to the Intermediate Court of Appeals, meaning that court would normally be the first to rule on the merits of an appeal. [17] However, a party could still submit an application to transfer a case to the Hawaii Supreme Court upon the grounds of a question of imperative or fundamental public importance; an appeal from a decision of any court or agency when appeals are allowed by law invalidating an amendment to the state constitution or determining a state statute, county ordinance, or agency rule to be invalid on the grounds that it was invalidly enacted or is unconstitutional, on its face or as applied, under either the constitution of the State or the United States; or a sentence of life imprisonment without the possibility of parole. [18]

For the 2016-2017 state fiscal year, the budget for the Hawaii Supreme Court and the Intermediate Court of Appeals was approximately $6.7 million. [19]

In 2022, the court expanded to one chief judge and six associate judges. [20]

Salaries

The Commission on Salaries has recommend the following salaries for the chief judge and the associate judges: [21]

7/1/20137/1/20147/1/20157/1/20167/1/20177/1/2018
Chief Judge$198,588$202,560$206,616$210,744$214,956$219,252
Associate Judge$190,908$194,724$198,624$202,596$206,652$210,780

Current judges

As of 26 May 2024 the judges were: [22]

JudgeJoinedTerm endsAppointed byLaw school
Katherine G. Leonard, Acting Chief JudgeJanuary 30, 2008January 29, 2028 Linda Lingle (R) Hawaii
Keith K. Hiraoka November 19, 2018November 18, 2028 David Ige (D) UC Berkeley
Clyde J. Wadsworth October 21, 2019October 20, 2029 David Ige (D) UCLA
Karen T. Nakasone November 2, 2020November 1, 2030 David Ige (D) Boston University
Sonja McCullen October 1, 2021September 30, 2031 David Ige (D)Hawaii
Kimberly T. Guidry May 31, 2023May 30, 2033 Josh Green (D)Hawaii
Vacant

Vacancy and pending nomination

SeatSeat last held byVacancy reasonDate of vacancyNomineeDate of nomination
— Lisa M. Ginoza Elevation to Hawaii Supreme Court January 12, 2024––

See also

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References

  1. ↑ Section 3 of Act 111, Session Laws of Hawaii 1979.
  2. ↑ Hawaii State Legislature. "Haw. Rev. Stat. § 602-51" . Retrieved February 9, 2016.
  3. ↑ Hawaii State Legislature. "Haw. Rev. Stat. § 602-57" . Retrieved February 9, 2016.
  4. ↑ Hawaii State Legislature. "Haw. Rev. Stat. § 602-51" . Retrieved January 25, 2024.
  5. ↑ Legislative Reference Bureau. "Haw. Const. art. VI, § 3". Archived from the original on March 9, 2015. Retrieved February 9, 2016.
  6. ↑ Legislative Reference Bureau. "Haw. Const. art. VI, § 3". Archived from the original on March 9, 2015. Retrieved February 9, 2016.
  7. ↑ Legislative Reference Bureau. "Haw. Const. art. VI, § 3". Archived from the original on March 9, 2015. Retrieved February 9, 2016.
  8. ↑ Act 111, Session Laws of Hawaii 1979
  9. ↑ Haw. Rev. Stat. § 602-12 (1979)
  10. ↑ Haw. Rev. Stat. § 602-13 (1979)
  11. ↑ Haw. Rev. Stat. § 602-5 (1979).
  12. ↑ Haw. Rev. Stat. § 602-5 (1979).
  13. ↑ Haw. Rev. Stat. § 602-5 (1979).
  14. ↑ Haw. Rev. Stat. § 602-5(9) (1979).
  15. ↑ Act 253, Session Laws of Hawaii 1992.
  16. ↑ Act 248, Session Laws of Hawaii 2001.
  17. ↑ Act 202, Session Laws of Hawaii 2004.
  18. ↑ Hawaii State Legislature. "Haw. Rev. Stat. § 602-58" . Retrieved February 10, 2016.
  19. ↑ Act 138, Session Laws of Hawaii 2015
  20. ↑ Act 90, Session Laws of Hawaii 2022.
  21. ↑ "Commission on Salaries, Report and Recommendations to the 2013 Legislature, March 18, 2013" (PDF). Hawaii Department of Human Resources Development. Retrieved February 9, 2016.
  22. ↑ "Intermediate Court of Appeals Judges". Hawaii state judiciary. Retrieved August 12, 2021.
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