Supreme Court of Hawaii

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Hawaii Supreme Court
ʻAha Hoʻokolokolo Kiʻekiʻe o Hawaiʻi (Hawaiian)
HawaiiSupremeCourtLogo.jpg
Seal of the Hawaii Supreme Court
Supreme Court of Hawaii
Established1841
Location Honolulu, Hawaii Flag of Hawaii.svg ,
United States Flag of the United States.svg
Composition method Governor nomination with Senate confirmation
Authorized by Haw. Const. art. VI, § 2.
Appeals to Supreme Court of the United States
Judge term length10 years
Number of positions5
Website Hawaii Supreme Court
Chief Justice
Currently Mark E. Recktenwald
SinceSeptember 14, 2010
Lead position endsOctober 8, 2025
Ali`iolani Hale, the building where the Hawai`i State Supreme Court meets Ali`iolani Hale at midday.jpg
Aliʻiōlani Hale, the building where the Hawaiʻi State Supreme Court meets

The Supreme Court of Hawaii is the highest court of the State of Hawaii in the United States. Its decisions are binding on all other courts of the Hawaii State Judiciary. The principal purpose of the Supreme Court is to review the decisions of the trial courts in which appeals have been granted. Appeals are decided by the members of the Supreme Court based on written records and in some cases may grant oral arguments in the main Supreme Court chamber. Like its mainland United States counterparts, the Supreme Court does not take evidence and uses only evidence provided in previous trials.

Contents

The Supreme Court of Hawaii meets in Aliʻiōlani Hale in Honolulu.

History

The case law reported in Hawaiian Reports dates back to January 1847 [1] and the reign of Kamehameha III, long before Hawaii was annexed by the United States in 1898. (Early Hawaiian cases were originally reported in The Polynesian .)

Kamehemeha III sought to modernize the Hawaiian Kingdom by rapidly transitioning from indigenous traditions to a new legal system based on Anglo-American common law. [2] Hawaii is one of the rare examples of an indigenous polity which voluntarily adopted the common law (albeit as part of the larger objective of avoiding annexation by larger colonial powers), in contrast to the common law's coercive imposition elsewhere by English-speaking colonists.

Functions

The Hawaii State Supreme Court has original jurisdiction to answer questions of law that have been passed to it from trial courts or the federal court, hear civil cases submitted to the Supreme Court on agreed statements of facts, and decide questions coming from proceedings of writs of mandamus, prohibition, and habeas corpus. [3]

Justices

The Supreme Court consists of five justices [4] [5] who are initially appointed to ten-year terms by the Governor of Hawaii, who makes their nomination from a list of four to six candidates from the Hawaii Judicial Selection Commission. [6] The Governor's nominee is subject to confirmation by the Hawaii State Senate. [6] Candidates must be U.S. citizens, Hawaii residents, and have been licensed to practice law for at least 10 years prior to nomination. [6] The Judicial Selection Commission can opt to retain incumbent justices for additional ten-year terms. [6] All justices must retire at 70 years of age. [6]

As of January 13, 2024, the justices are: [7]

JusticeBornJoinedTerm endsMandatory retirementAppointed byLaw school
Mark E. Recktenwald , Chief JusticeOctober 8, 1955 (age 68)May 11, 2009 [lower-alpha 1] September 13, 2030October 8, 2025 Linda Lingle (R) Chicago
Sabrina McKenna October 7, 1957 (age 66)March 3, 2011March 2, 2031October 7, 2027 Neil Abercrombie (D) Hawaii
Todd W. Eddins 1964or1965(age 59–60)December 11, 2020December 10, 20302034/2035 David Ige (D) Hawaii
Lisa M. Ginoza October 20, 1964 (age 59)January 12, 2024January 11, 20342034 Josh Green (D) Hawaii
Vladimir Devens January 12, 2024January 11, 2034 Josh Green (D) UC Berkeley
  1. Chief Justice Recktenwald was initially appointed by Governor Lingle as an Associate Justice. He was subsequently appointed as Chief Justice, with his term beginning on September 14, 2010.

Cases

See also

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References

  1. Robertson, George M. (1857). Reports of Some of the Judgments and Decisions of the Courts of Record of the Hawaiian Islands for the Ten Years Ending with 1856, Volume 1 (1889 reprint ed.). Honolulu: The Government Press. p. 1. Retrieved August 25, 2023.
  2. Merry, Sally Engle (2000). Colonizing Hawai'i: The Cultural Power of Law. Princeton: Princeton University Press. p. 4. ISBN   9780691009322 . Retrieved September 30, 2020.
  3. Haw. Rev. Stat. § 602-5. Retrieved December 18, 2014.
  4. Haw. Const. art. VI, § 2. Retrieved December 18, 2014.
  5. Haw. Rev. Stat. § 602-1. Retrieved December 18, 2014.
  6. 1 2 3 4 5 Haw. Const. art. VI, § 3. Retrieved December 18, 2014.
  7. "Hawaii Supreme Court Justices". Hawai'i State Judiciary. Retrieved December 19, 2020.

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