Judiciary

Corporate body

Judiciary

• Hoʻokolokolo

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.

The Superior Court held original jurisdiction over legal actions affecting government officials, foreign ambassadors and resident consuls and held appellate jurisdiction on all civil and criminal matters. Decisions of the Superior Court were subject to appeal to the Supreme Court.

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.

District and police justices had jurisdiction to determine all civil and criminal cases. Police justices were assigned to the ports of Honolulu and Lahaina and had jurisdiction over both minor civil and criminal as well as maritime cases. District and police court determinations were subject to appeal in the circuit courts on their respective island. Police justices also had jurisdiction over foreigners over the entire island or circuit in which his district was situated. Maritime cases 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.

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 clerk 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.

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
Revised on 2020-09-09, Joel Horowitz

• English

Civil code of the Hawaiian Islands… 1859 and 1897.
The Fundamental Law of Hawaii. Thurston, Lorrin A., ed. Honolulu: Hawaiian Gazette, 1904.
Hawaii Revised Laws.
Hawaii Session Laws.
Session Laws of Hawaii, 1847, 1853, 1892.
Records of the Judiciary Branch, 1839-1970.

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, with clarifications regarding the First Circuit, Superior, Intermediary, and Supreme Court of the mid-19th century.