Supreme Court

Corporate body

Supreme Court

• Aha Hookolokolo Kiekie

1853

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.

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.

An Act Relating to the Judiciary Department, 1853.

Judiciary (1840)

Chief Justice of the Supreme Court (1853)

Fourth Circuit Court (1892-1943)

Intermediary Court (1864-1892)

Third Circuit Court (1847)

Fifth Circuit Court (1847)

Second Circuit Court (1847)

First Circuit Court (1892)

Supreme Court (1840-1852)

Superior Court of Law and Equity (1847-1852)

First Circuit Court (1847-1865)

First Circuit Court (1847-1865)

Hawaiʻi State Archives

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

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