- Corporate body
- 1840
On October 8, 1840, Kamehameha III granted the first constitution of the Hawaiian Kingdom, which vested the judicial power of government in a Supreme Court, consisting of the King as chief judge, Premier (kuhina nui), and four individuals appointed by the representative body. Island courts held by their respective governors functioned as circuit courts on their respective island. The island governors were given powers to appoint judges who functioned as district magistrates for the island. Chapter XLVII of the Laws of 1842 mandated that the Supreme judges assemble in Honolulu each June and in Lahaina each December to try cases appealed to them. Selection criteria for foreign and native juries were provided for in the Laws of 1842.
The Third Act of Kamehameha III in 1847 titled "An Act to Organize the Judiciary Department of the Hawaiian Islands" created four levels of courts - the Supreme Court, the Superior Court of Law and Equity, four circuit court jurisdictions, and district courts.
The Supreme Court established by the Constitution of 1840 was abolished in December 1852 and reestablished by an 1853 act which mandated the transfer of the civil and criminal jurisdiction from the Superior Court to a new Supreme Court under the former Chief Justice of the Superior Court. Pending cases in both courts were taken up by the new one.
An 1853 act relating to the Judiciary Department empowered the Chief Justice to grant divorces, to hear and determine probate, bankruptcy, admiralty, equity matters, and to decree the foreclosure of mortgages. With this act, the legal, civil, and criminal jurisdiction of the Superior Court of Law and Equity was transferred to the Supreme Court. This allowed the Supreme Court to have original jurisdiction in almost all legal matters on the island of Oahu. By 1864, the First Circuit Court on Oahu was gradually phased out of existence and its judicial powers were transferred to the Supreme Court. In 1865 the circuit court was abolished, but the appellate jurisdictions in chambers remained as a function. Such proceedings were referred to as Intermediary Court, but the person presiding was called the First Circuit Court Judge. In 1874, the intermediary function of the First Circuit Court judge was transferred to the Supreme Court, which now held both original and appellate jurisdiction for the island of Oahu. The term Intermediary Court continued to be used when a Supreme Court Justice presided in that role. In 1892, the functions of the Supreme Court were restricted to those of an appellate court. Its functions as a circuit court were assumed by a reestablished First Circuit Court.
The Kingdom was divided into four judicial districts or circuits. The First Circuit was the island of Oahu, with Honolulu as the seat of justice. The Second Circuit consisted of Maui, Molokai, Lanai and Kahoolawe, with Lahaina as the seat of justice. The island of Hawaii comprised the Third Circuit, with Hilo as the seat of justice. The Fourth Circuit consisted of Niihau and Kauai with Hanalei designated as the seat of justice. In 1853 Nawiliwili was designated the Fourth Circuit seat of justice. In 1892, the Judiciary reorganized. The islands of Kauai and Niihau were designated the Fifth Circuit. The jurisdiction of the Fourth Circuit encompassed the districts of Hamakua, Hilo and Puna on the island of Hawaii. In 1943 the Fourth Circuit was abolished and the entire island of Hawaii was again designated the Third Circuit.
The 1847 Act organizing the Judiciary Department designated the district and police courts as the island courts not of record. The 1892 Judiciary reorganization designated all police justices as district magistrates, who held powers formerly exercised by police justices. The district courts' jurisdiction remained the same when Hawaii became a territory of the United States in 1900. The exception was maritime cases which were not heard in the district courts after 1900. Traffic violations, previously handled by the county police departments, were criminalized and heard in the district courts after 1960.