Judicial selection in Hawaii
| Judicial selection in Hawaii | |
 | |
| Hawaii Supreme Court | |
| Method: | Assisted appointment |
| Term: | 10 years |
| Hawaii Intermediate Court of Appeals | |
| Method: | Assisted appointment |
| Term: | 10 years |
| Hawaii Circuit Courts | |
| Method: | Gubernatorial appointment |
| Term: | 10 years |
| Hawaii District Courts | |
| Method: | Gubernatorial appointment |
| Term: | 6 years |
Judicial selection refers to the process used to select judges for courts. At the state level, methods of judicial selection vary substantially in the United States, and in some cases between different court types within a state. There are six primary types of judicial selection: partisan and nonpartisan elections, the Michigan method, assisted appointment, gubernatorial appointment, and legislative elections. To read more about how these selection methods are used across the country, click here.
This article covers how state court judges are selected in Hawaii, including:
- Hawaii Supreme Court,
- Hawaii Intermediate Court of Appeals,
- Hawaii Circuit Courts, and
- Limited jurisdiction courts
As of March 2023, judges for all appellate and general jurisdiction courts in the state were chosen by the assisted appointment method, where the governor selects a nominee from a list provided by a nominating commission. Limited jurisdiction judges were appointed either by the chief justice of the Hawaii Supreme Court or by an administrative judge depending on the type of court.
Click here to notify us of changes to judicial selection methods in this state.
Hawaii Supreme Court
- See also: Hawaii Supreme Court
The five justices of the Hawaii Supreme Court are selected through the assisted appointment method. The Hawaii Judicial Selection Commission is responsible for screening candidates and submitting a shortlist to the governor. The commission is made up of nine members: two appointed by the governor, two appointed by the state Senate president, two appointed by the state House speaker, two appointed by the Hawaii Bar Association, and one appointed by the chief justice of the supreme court. The governor must appoint a judge from the commission's shortlist and the appointee must then be confirmed by the Hawaii State Senate.[1]
Justices serve for 10 years after their appointment. To continue to serve on the court, they must receive a majority vote of the selection commission.[1]
Qualifications
To serve on this court, a judge must be:[1]
- a U.S. resident and citizen;
- a resident and citizen of the state;
- a practicing attorney in the state for at least ten years; and
- under the age of 70 (retirement by 70 is mandatory retirement).
Chief justice
In Hawaii, the position of chief justice is a specific seat on the court (similar to the Supreme Court of the United States) rather than a peer-selected leadership position. The chief justice is appointed in the same manner as the other justices on the court.[1]
Vacancies
If a midterm vacancy occurs, the position is filled just as it would be if the vacancy occurred at the end of a justice's term. The governor appoints a successor from a list provided by a nominating commission, and the appointee faces confirmation from the state Senate. Newly appointed justices serve full 10-year terms.[1]
The map below highlights how vacancies are filled in state supreme courts across the country.
Hawaii Intermediate Court of Appeals
- See also: Hawaii Intermediate Court of Appeals
The seven judges of the Hawaii Intermediate Court of Appeals are selected through the assisted appointment method. The Hawaii Judicial Selection Commission is responsible for screening candidates and submitting a shortlist to the governor. The commission is made up of nine members: two appointed by the governor, two appointed by the state Senate president, two appointed by the state House speaker, two appointed by the Hawaii Bar Association, and one appointed by the chief justice of the supreme court. The governor must appoint a judge from the commission's shortlist and the appointee must then be confirmed by the Hawaii State Senate.[1]
Justices serve for 10 years after their appointment. To continue to serve on the court, they must receive a majority vote of the selection commission.[1]
Qualifications
To serve on this court, a judge must be:[1]
- a U.S. resident and citizen;
- a resident and citizen of the state;
- a practicing attorney in the state for at least ten years; and
- under the age of 70 (retirement by 70 is mandatory retirement).
Chief judge
The position of chief judge is a specific seat on the court (similar to the Supreme Court of the United States) rather than a peer-selected leadership position. The chief judge is appointed in the same manner as the other judges on the court.[1]
Vacancies
If a midterm vacancy occurs, the position is filled just as it would be if the vacancy occurred at the end of a judge's term. The governor appoints a successor from a list provided by a nominating commission, and the appointee faces confirmation from the state Senate. Newly appointed judges serve full 10-year terms.[1]
Hawaii Circuit Courts
- See also: Hawaii Circuit Courts
The 33 judges of the Hawaii Circuit Courts are selected through the assisted appointment method. The Hawaii Judicial Selection Commission is responsible for screening candidates and submitting a shortlist to the governor. The commission is made up of nine members: two appointed by the governor, two appointed by the state Senate president, two appointed by the state House speaker, two appointed by the Hawaii Bar Association, and one appointed by the chief justice of the supreme court. The governor must appoint a judge from the commission's shortlist and the appointee must then be confirmed by the Hawaii State Senate.[1]
Judges serve for 10 years after their appointment. To continue to serve on the court, they must receive a majority vote of the selection commission.
Qualifications
To serve on this court, a judge must be:[1]
- a U.S. resident and citizen;
- a resident and citizen of the state;
- a practicing attorney in the state for at least ten years; and
- under the age of 70 (retirement by 70 is mandatory retirement).
Administrative judge
An administrative judge is appointed for each circuit by the chief justice of the supreme court. The administrative judge performs similar duties to a chief judge in other courts. He or she serves in that capacity for a period determined by the chief justice.[1]
Limited jurisdiction courts
Hawaii has four types of limited jurisdiction courts: Hawaii Family Courts, Hawaii District Courts, Hawaii Land Court, and Hawaii Tax Appeals Court.[2] The courts vary in their selection processes.[3]
Family Courts
Judges of the Hawaii Family Courts are each appointed by the chief justice of the state supreme court. To serve on this court, a judge must be a citizen and resident of the state and the U.S. and have five years of experience practicing law in the state. This position has a mandatory retirement age of 70.
District Courts
Judges of the Hawaii District Courts are each appointed by the chief justice of the state supreme court. To serve on this court, a judge must be a citizen and resident of the state and the U.S. and have five years of experience practicing law in the state. This position has a mandatory retirement age of 70.
Land Court
The Land Court is governed by specially-selected judges of the First Circuit Court. They are appointed on a case-by-case basis by the administrative judge of that circuit.[3]
Tax Appeal Court
The Tax Appeal Court is governed by specially-selected judges of the First Circuit Court. They are appointed on a case-by-case basis by the administrative judge of that circuit.[3]
History
Below is a timeline noting changes to judicial selection methods in Hawaii, from the most recent to the earliest:[4]
- 1979: The Hawaii Supreme Court established a commission on judicial conduct.
- 1978: The Hawaii Intermediate Court of Appeals was created, along with the judicial selection commission. The power to discipline, remove, and retire judges was transferred to the supreme court.
- 1968: Terms of supreme court and circuit court judges was increased to ten years, and legislative removal of judges was abolished.
- 1959: Under Hawaii's original constitution, judges were appointed by the governor with Senate confirmation. Supreme court justices were appointed to seven-year terms and circuit court judges to six-year terms. A mandatory retirement age of 70 was established. Judges were to be removed by a two-thirds vote of each legislative house sitting in joint session or be retired by the governor after inquiry and recommendation by a board.
Courts in Hawaii
In Hawaii, there is one federal district court, a state supreme court, a state court of appeals, and trial courts with both general and limited jurisdiction. These courts serve different purposes, which are outlined in the sections below.
Click a link for information about that court type.
The image below depicts the flow of cases through Hawaii's state court system. Cases typically originate in the trial courts and can be appealed to courts higher up in the system.
Selection of federal judges
United States district court judges, who are selected from each state, go through a different selection process from that of state judges.
The district courts are served by Article III federal judges, who are appointed for life during good behavior. They are usually first recommended by senators (or members of the House, occasionally). The President of the United States nominates judges, who must then be confirmed by the United States Senate in accordance with Article III of the United States Constitution.[5]
In other states
Each state has a unique set of guidelines governing how they select judges at the state and local level. These methods of selection are:
Election
- Partisan election: Judges are elected by the people, and candidates are listed on the ballot alongside a label designating political party affiliation.
- Nonpartisan election: Judges are elected by the people, and candidates are listed on the ballot without a label designating party affiliation.
- Michigan method: State supreme court justices are selected through nonpartisan elections preceded by either partisan primaries or conventions.
- Retention election: A periodic process whereby voters are asked whether an incumbent judge should remain in office for another term. Judges are not selected for initial terms in office using this election method.
Assisted appointment
- Assisted appointment, also known as merit selection or the Missouri Plan: A nominating commission reviews the qualifications of judicial candidates and submits a list of names to the governor, who appoints a judge from the list.[6] At the state supreme court level, this method is further divided into the following three types:
- Bar-controlled commission: The state Bar Association is responsible for appointing a majority of the judicial nominating commission that sends the governor a list of nominees that they must choose from.
- Governor-controlled commission: The governor is responsible for appointing a majority of the judicial nominating commission that sends the governor a list of nominees they must choose from.
- Hybrid commission: The judicial nominating commission has no majority of members chosen by either the governor or the state bar association. These commissions determine membership in a variety of ways, but no institution or organization has a clear majority control.
Direct appointment
- Court appointment: Judges are selected by judges in the state judiciary.
- Gubernatorial appointment: Judges are appointed by the governor. In some cases, approval from the legislative body is required.
- Legislative election: Judges are selected by the state legislature.
- Municipal government selection: Judges are selected by the governing body of their municipality.
See also
External links
Footnotes
- ↑ 1.00 1.01 1.02 1.03 1.04 1.05 1.06 1.07 1.08 1.09 1.10 1.11 1.12 American Judicature Society, "Methods of Judicial Selection: Hawaii," accessed September 14, 2021
- ↑ Hawaii State Judiciary, "Courts," accessed September 14, 2021
- ↑ 3.0 3.1 3.2 American Judicature Society, "Methods of Judicial Selection: Hawaii; Limited Jurisdiction Courts," accessed September 14, 2021
- ↑ American Judicature Society, "History of Reform Efforts: Hawaii," accessed September 14, 2021
- ↑ U.S. Courts, "FAQ: Federal Judges," accessed March 26, 2015
- ↑ American Bar Association, "Judicial Selection: The Process of Choosing Judges," accessed August 10, 2021
Federal courts:
Ninth Circuit Court of Appeals • U.S. District Court: District of Hawaii • U.S. Bankruptcy Court: District of Hawaii
State courts:
Hawaii Supreme Court • Hawaii Intermediate Court of Appeals • Hawaii Circuit Courts • Hawaii District Courts • Hawaii Family Courts
State resources:
Courts in Hawaii • Hawaii judicial elections • Judicial selection in Hawaii
