The Supreme Court of Hawaii is the highest court of the
State of Hawaii
Hawaii ( ; haw, Hawaii or ) is a state in the Western United States, located in the Pacific Ocean about from the U.S. mainland. It is the only U.S. state outside North America, the only state that is an archipelago, and the only state ...
in the
United States
The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country primarily located in North America. It consists of 50 states, a federal district, five major unincorporated territorie ...
. Its decisions are binding on all other courts of the
Hawaii State Judiciary
The Hawaii State Judiciary is the official name of the judicial system of Hawaii in the United States. Based in Honolulu, the Hawaii State Judiciary is a unified state court system that functions under the Chief Justice of the Hawaii State Supre ...
. 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.
The court meets in
Aliiōlani Hale in
Honolulu
Honolulu (; ) is the capital and largest city of the U.S. state of Hawaii, which is in the Pacific Ocean. It is an unincorporated county seat of the consolidated City and County of Honolulu, situated along the southeast coast of the island ...
.
History
The Supreme Court's reported case law dates back to the 1840s and the reign of
Kamehameha III
Kamehameha III (born Kauikeaouli) (March 17, 1814 – December 15, 1854) was the third king of the Kingdom of Hawaii from 1825 to 1854. His full Hawaiian name is Keaweaweula Kīwalaō Kauikeaouli Kaleiopapa and then lengthened to Keaweaweula K ...
, long before Hawaii
was annexed by the United States in 1898. 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
In law, common law (also known as judicial precedent, judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions."The common law is not a brooding omnipresen ...
.
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
(; ) is a judicial remedy in the form of an order from a court to any government, subordinate court, corporation, or public authority, to do (or forbear from doing) some specific act which that body is obliged under law to do (or refrain from ...
,
prohibition
Prohibition is the act or practice of forbidding something by law; more particularly the term refers to the banning of the manufacture, storage (whether in barrels or in bottles), transportation, sale, possession, and consumption of alcoholic ...
, and
habeas corpus
''Habeas corpus'' (; from Medieval Latin, ) is a recourse in law through which a person can report an unlawful detention or imprisonment to a court and request that the court order the custodian of the person, usually a prison official, t ...
.
Justices
The Supreme Court consists of five justices who are initially appointed to ten-year terms by the Governor of Hawaii, who makes his or her nomination from a list of four to six candidates from the Hawaii Judicial Selection Commission.
[Haw. Const. art. VI, § 3.](_blank)
Retrieved 2014 December 18. The Governor's nominee is subject to confirmation by the Hawaii State Senate.
Candidates must be U.S. citizens, Hawaii residents, and have been licensed to practice law for at least 10 years prior to nomination.
The Judicial Selection Commission can opt to retain incumbent justices for additional ten-year terms.
All justices must retire at 70 years of age.
As of , the five Justices are:
See also
*
Hawaii State Judiciary
The Hawaii State Judiciary is the official name of the judicial system of Hawaii in the United States. Based in Honolulu, the Hawaii State Judiciary is a unified state court system that functions under the Chief Justice of the Hawaii State Supre ...
*
Courts of Hawaii
References
External links
Hawaii State JudiciaryGallery of the Chief Justices of the Supreme Court of Hawaii
{{authority control
Hawaii state courts
Hawaii
Hawaii ( ; haw, Hawaii or ) is a state in the Western United States, located in the Pacific Ocean about from the U.S. mainland. It is the only U.S. state outside North America, the only state that is an archipelago, and the only stat ...
Government of Hawaii
1841 establishments in Hawaii
Legal history of Hawaii
Courts and tribunals established in 1841