Supreme Court

Identity area

Type of entity

Corporate body

Authorized form of name

Supreme Court

Parallel form(s) of name

  • Aha Hookolokolo Kiekie

Standardized form(s) of name according to other rules

Other form(s) of name

Identifiers for corporate bodies

Description area

Dates of existence

1840-1852

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.

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 from both courts were taken up by the new one.

Places

Legal status

Functions, occupations and activities

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.

Mandates/sources of authority

Constitution of the Kingdom of Hawaiʻi
Chapter XLVII of the Laws of 1842
An Act to Organize the Judiciary Department of the Hawaiian Islands, 1847

Internal structures/genealogy

The Supreme Court consisted of the King as chief judge, Premier (kuhina nui), and four individuals appointed by the representative body.

General context

Relationships area

Related entity

Judiciary (1840)

Identifier of the related entity

Category of the relationship

hierarchical

Dates of the relationship

1840-1852

Description of relationship

Part of the Judiciary

Related entity

Supreme Court (1853)

Identifier of the related entity

Category of the relationship

temporal

Type of relationship

Supreme Court

is the successor of

Supreme Court

Dates of the relationship

1853

Description of relationship

Cases pending before the old Supreme Court were taken up by the new one.

Related entity

Superior Court of Law and Equity (1847-1852)

Identifier of the related entity

Category of the relationship

hierarchical

Type of relationship

Superior Court of Law and Equity

is the subordinate of

Supreme Court

Dates of the relationship

1847

Description of relationship

Decisions of the Superior Court were subject to appeal to the Supreme Court.

Access points area

Subject access points

Place access points

Occupations

Control area

Authority record identifier

Maintained by

Institution identifier

Rules and/or conventions used

Status

Level of detail

Dates of creation, revision and 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
Additions on 2004-04, P. Lai
Revised on 2020-09-09, Joel Horowitz

Language(s)

  • English

Script(s)

Sources

Maintenance notes

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 Superior, and Supreme Court of the mid-19th century.

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