Series 240 - Records of the Chief Justice and First Circuit Court Judges

Identity area

Reference code

US HSA 240

Title

Records of the Chief Justice and First Circuit Court Judges

Date(s)

  • 1847-1967 (Creation)

Level of description

Series

Extent and medium

2.1 cubic feet in 5 5-inch boxes.

Context area

Name of creator

(1853)

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

(1892)

Administrative history

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.

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.

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.

Name of creator

(1847-1865)

Administrative history

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.

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.

Archival history

Immediate source of acquisition or transfer

Content and structure area

Scope and content

Judges' letter books date from 1847 to 1916 and contain outgoing letters from the judges/justices to government officials, the Legislature, foreign consuls, and outlying missionary stations. Subjects of the letters include codification of laws, provisions of the constitution, District and Circuit courts appointments, trial preparation, and jury selection.

The subject files of the Chief Justice date from 1959 to 1967 and contain administrative records documenting appointments of district court judges and revisions of judicial policies and procedures, rules of court and rules of criminal procedure.

There is gap in the records from 1917 to 1958.

Appraisal, destruction and scheduling

Accruals

System of arrangement

Arranged in the following order: letter books of the Chief Justice and First Circuit Court judges and subject files of the Chief Justice.

Letter books are arranged by individual judges, then chronologically.

Subject files of the Chief Justice are arranged alphabetically, then chronologically thereunder.

Conditions of access and use area

Conditions governing access

Conditions governing reproduction

Language of material

Script of material

Language and script notes

Physical characteristics and technical requirements

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

Language(s)

  • English

Script(s)

Sources

Archivist's note

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

Accession area

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