Hawaii Intermediate Court of Appeals
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The Hawaii State Intermediate Court of Appeals (ICA) is the intermediate
appellate court A court of appeals, also called a court of appeal, appellate court, appeal court, court of second instance or second instance court, is any court of law that is empowered to hear an appeal of a trial court or other lower tribunal. In much of ...
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 ...
. It has
jurisdiction Jurisdiction (from Latin 'law' + 'declaration') is the legal term for the legal authority granted to a legal entity to enact justice. In federations like the United States, areas of jurisdiction apply to local, state, and federal levels. Jur ...
over
appeal In law, an appeal is the process in which cases are reviewed by a higher authority, where parties request a formal change to an official decision. Appeals function both as a process for error correction as well as a process of clarifying and ...
s from lower courts and agencies. The ICA is composed of one chief judge and five associate judges, who sit in randomly selected panels of three. Each judge is appointed to an initial ten-year term by the Governor. Judges are nominated by the Governor from a list of four to six names submitted by the Judicial Selection Commission. A judge's nomination is subject to confirmation by the
Hawaii Senate The Hawaii Senate is the upper house of the Hawaii State Legislature. It consists of twenty-five members elected from an equal number of constituent districts across the islands and is led by the President of the Senate, elected from the membe ...
, but reappointments require only approval of the Judicial Selection Commission. Under article VI, §3 of the
Hawaii Constitution The Constitution of the State of Hawaii ( haw, Kumukānāwai o Hawaiʻi) refers to various legal documents throughout the history of the Hawaiian Islands that defined the fundamental principles of authority and governance within its sphere of juri ...
, all judges of the Intermediate Court of Appeals, like the justices of the
Supreme Court of Hawaii The Supreme Court of Hawaii is the highest court of the Hawaii, 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 decis ...
and the judges of the
Hawaii State Circuit Courts The Hawaii state circuit courts are the trial courts of general jurisdiction in Hawaii. They are the primary civil and criminal courts of the Hawaii State Judiciary. The circuit courts are the only Hawaii state courts to conduct jury trials. (The ...
, have a
mandatory retirement Mandatory retirement also known as forced retirement, enforced retirement or compulsory retirement, is the set age at which people who hold certain jobs or offices are required by industry custom or by law to leave their employment, or retire. As ...
age of 70.


History

The Intermediate Court of Appeals was established in 1979. The court consisted of one chief judge and two associate judges. Annual salary of the chief judge was set at $45,000 and the associates judges were set at $43,750. The court shared concurrent jurisdiction with the Hawaii Supreme Court. Following judgment or appropriate agency decision, a party filed an application for
writ of certiorari In law, ''certiorari'' is a court process to seek judicial review of a decision of a lower court or government agency. ''Certiorari'' comes from the name of an English prerogative writ, issued by a superior court to direct that the record of ...
with the Hawaii Supreme Court. Following granting of a writ of certiorari, the Hawaii Supreme Court would then assign the case to the Intermediate Court of Appeals or itself. The Hawaii Supreme Court could also reassign a case to itself under limited circumstances. In 1992, the court expanded to one chief judge and three associate judges. In 2001, the court expanded to one chief judge and five associate judges. In 2004, all appeals from the lower courts and agency decisions were changed to be made directly to the Intermediate Court of Appeals. 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. 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.


Salaries

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


Current judges

the judges and their current terms were: * Chief Judge Lisa M. Ginoza (April 24, 2018 – April 23, 2028) * Associate Judge Katherine G. Leonard (January 30, 2018 – January 29, 2028) * Associate Judge Derrick H.M. Chan (April 13, 2017 – April 12, 2027) * Associate Judge Keith K. Hiraoka (November 19, 2018 – November 18, 2028) * Associate Judge Clyde J. Wadsworth (October 21, 2019 – October 20, 2029) *Associate Judge Sonja McCullen (October 1, 2021 – September 30, 2031)


See also

* Courts of Hawaii


References


External links


The Intermediate Court of Appeals



Hawaii Appellate Court Opinions and Orders
{{DEFAULTSORT:Hawaii Intermediate Court Of Appeals Hawaii state courts State appellate courts of the United States 1979 establishments in Hawaii Courts and tribunals established in 1979