Identity area
Reference code
Title
Date(s)
- Undated, 1876, 1878-1890, 1895-1898 (Creation)
Level of description
Series
Extent and medium
0.5 cubic foot.
Context area
Name of creator
Administrative history
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 consisting of the three members of the former Superior Court.
Name of creator
Administrative history
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 consisting of the three members of the former Superior Court. Pending cases in both courts were taken up by the new one
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. Appeals from the District Court of the First Circuit were heard in Intermediary Court. 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.
Repository
Archival history
Immediate source of acquisition or transfer
Content and structure area
Scope and content
The 1859 Civil Code, Chapter XXI, Section 1065 authorized the Supreme Court to examine and admit as practitioners in the courts of record, such persons, being Hawaiian subjects, of good moral character, and having then the prescribed oath of office, as said court may find qualified for that purpose.
Contains letters written by applicants addressed to the Chief Justice of the Hawaiian Supreme Court soliciting permission to practice law before the local circuit judge and the Police and District court justices on a particular island. In addition to the letters of application there may also be affidavits attesting to the good character of the applicant, recommendations from other attorneys and judges, and letters in support of the applicant from friends. Personal and professional information regarding the applicant may include age, education, names of associates and length of time spent in the practice of law. A license granted to the successful applicant is filed with the letters of application and supporting references. Unsuccessful applicant and supporting letters are in the file.
Oaths were issued by the Aha Hookolokolo Kiekie or the Supreme Court to the licensed attorney. Oaths are forms with the name of the practicing attorney, date of oath, jurisdiction of practice and signed by the attorney and Chief Justice.
The applications and oaths cover all circuits. Applications are dated 1870, 1876, 1878-1890, 1895-1898. Oaths are dated 1878-1881 and 1883.
Approximately 90% of the records are in Hawaiian. None have been translated.
Appraisal, destruction and scheduling
Accruals
System of arrangement
Applications followed by oaths. The applications are arranged chronologically by year, therein alphabetical by name of applicant. The letter of application, affidavits, recommendations and letters in support of the applicant are ordered by name of applicant. The oaths are arranged chronologically, therein alphabetical by name of the practicing attorney.
Conditions of access and use area
Conditions governing access
Conditions governing reproduction
Language of material
- English
- Hawaiian
Script of material
Language and script notes
Physical characteristics and technical requirements
Holograph and typewritten paper records in fair condition.
Finding aids
Uploaded finding aid
Allied materials area
Existence and location of originals
Existence and location of copies
Related units of description
Notes area
Alternative identifier(s)
Access points
Subject access points
Place access points
Name access points
Genre access points
Description control area
Description identifier
Institution identifier
Rules and/or conventions used
Status
Level of detail
Dates of creation revision deletion
Created on 2004-04, P. Lai
Language(s)
- English
Script(s)
Sources
Civil Code of the Hawaiian Islands passed in the year of our Lord 1859.
Chapter XXI. Of Attorneys and Counsellors at Law, Sections 1065 - 1074.
Archivist's note
2004-04, P. Lai: Created
2020-09-09, Joel Horowitz: Entered into AtoM