HAWAII - STATE COURT ORGANIZATION PROFILE

• NCJ Number: 54988
• Author(s): E S GURNY
• Date Published: 1978
• Length: 71 pages
• Grant Number(s): 76-DF-99-0052; 76-DF-99-0026
• Sponsoring Agency: US Dept of Justice
• Corporate Author: American Bar Association
• Sale Source: National Ctr for State Courts
• Language: English
• Country: United States of America
• Note: STATE COURT ORGANIZATION PROFILE SERIES

Annotation

THIS PROFILE OF THE HAWAIIAN STATE COURT ORGANIZATION IS ONE OF A SERIES OF PROFILES OF STATE COURT SYSTEMS PREPARED BY THE NATIONAL CENTER FOR STATE COURTS.

Abstract

THE FIRST PART OF THE PROFILE PRESENTS AN OVERVIEW OF THE HAWAIIAN COURT SYSTEM AND COMMENTS ON THE RELATIONSHIP BETWEEN EACH ASPECT OF THE STATE'S COURT SYSTEM AND THE AMERICAN BAR ASSOCIATION COURT ORGANIZATION STANDARDS. A SERIES OF CHARTS PRESENTING A GRAPHIC SUMMARY OF THE COURT ORGANIZATION AND LINES OF RESPONSIBILITY FOR THE COURT SYSTEM IS FOLLOWED BY A COMPLETE DESCRIPTION OF EACH ASPECT OF THE COURT ORGANIZATION. FINALLY, A CHART SHOWS THE DEGREE OF SIMILARITY BETWEEN THE STATE'S COURT SYSTEM AND EACH OF THE STANDARDS, WITH A CROSS-INDEX FOR EACH STANDARD TO THE RELEVANT INFORMATION IN THE TEXT. THE PROFILE WAS PREPARED FROM AN EXAMINATION OF THE STATE'S CONSTITUTION, STATUTES, COURT RULES, THE ANNUAL REPORT OF THE COURTS, AND ADMINISTRATIVE OR PERSONNEL MANUALS. INFORMATION FROM OTHER PUBLICATIONS ABOUT THE COURT SYSTEM IS ALSO REVIEWED AND USED AS APPROPRIATE. THE HAWAIIAN CONSTITUTION PROVIDES FOR A UNIFIED COURT SYSTEM AND GRANTS THE CHIEF JUSTICE OF THE SUPREME COURT BROAD ADMINISTRATIVE POWERS IN THE AREAS OF ASSIGNMENT OF JUDGES AND ESTABLISHMENT OF TRIAL PROCEDURE. THERE ARE THREE LEVELS OF COURTS--SUPREME, CIRCUIT, AND DISTRICT. THE SUPREME COURT IS THE COURT OF LAST RESORT. IT HAS APPELLATE JURISDICTION TO HEAR AND DETERMINE ALL MATTERS PROPERLY BROUGHT BEFORE IT ON APPEAL ALLOWED BY LAW FROM ANY OTHER COURT OR AGENCY. THE CIRCUIT COURTS ARE TRIAL COURTS OF GENERAL JURISDICTION AND HAVE EXCLUSIVE JURISDICTION IN CRIMINAL FELONY CASES, CIVIL SUITS INVOLVING MORE THAN $5,000, PROBATE PROCEEDINGS AND DETERMINATION OF HEIRS, AND CASES INVOLVING MARITAL ACTIONS, JUVENILES, AND OTHER DOMESTIC MATTERS. EACH OF THE FOUR JUDICIAL CIRCUITS HAS A DISTRICT COURT WHICH FUNCTIONS AS A COURT OF FIRST INSTANCE WITH LIMITED JURISIDICITON. HAWAII'S TRIAL COURT STRUCTURE IS NOT CONSISTENT WITH STANDARD 1.12, WHICH SUGGESTS THAT THERE BE ONE LEVEL OF TRIAL COURT. A LIST OF SOURCES FOR THE REPORT IS PROVIDED. (RCB)