Fifth Circuit Court

Corporate body

Fifth Circuit Court

• Fourth Circuit Court

1847

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 Fourth Circuit consisted of Niihau and Kauai with Hanalei designated as the seat of justice. The seat of justice moved to Nawiliwili in 1852. In 1892 it was designated the Fifth Circuit.

1847: The Fourth Circuit consisted of Niihau and Kauai with Hanalei designated as the seat of justice.
1853: Nawiliwili designated the Fourth Circuit seat of justice
1892: The islands of Kauai and Niihau designated the Fifth Circuit.

The circuit courts had jurisdiction over adoptions, district and police court appeals, arbitrations, bankruptcies, admiralty, civil, criminal, divorce, fishing rights, guardianship, naturalization, probate, special proceedings, and water rights cases. Civil cases include equity and law cases. Article 18 of the Constitution of the Republic of Hawaii (1894) vested the authority to naturalize aliens in the Supreme Court. The circuit courts' jurisdiction remained the same when Hawaii became a territory of the United States in 1900 with the exception of admiralty cases and naturalizations of aliens. Admiralty cases were not heard by the circuit courts after 1900; jurisdiction over maritime cases resides in federal district court. In 1900 jurisdiction over naturalizations of aliens was transferred from the Supreme Court to the individual circuit courts.

The clerks of the Supreme Court, circuit courts, and district courts were appointed by their respective courts and had the power to issue process in all suits and matters brought before the court, administer oaths, take depositions of witnesses, to assess damages, and draw juries. The clerk recorded the proceedings of the court and held custody of court records. The clerks had charge of the seals of the court, maintained financial records, made quarterly account reports, and maintained an alphabetical list of plaintiffs and defendants to any suit or judgment recorded.

An Act to Organize the Judiciary Department of the Hawaiian Islands, 1847

Created on 1994-06, P. Lai
Revised on 1996-10, 1996-11, 1997-04, 2001-06, and 2002-06
Additions on 2002-11, A. Hoof
Additions on 2004-04, P. Lai

• English

1994-06, P. Lai: Created
1996-10, 1996-11, 1997-04, 2001-06, and 2002-06: Revised
2002-11, A. Hoof: Additions
2004-04, P. Lai: Additions
2020-09-09, Joel Horowitz: Entered into AtoM