Hawaii Intermediate Court of Appeals
{{short description|Intermediate appellate court of Hawaii}}
{{Use mdy dates|date=February 2025}}
{{Infobox high court
|court_name = Hawaii Intermediate Court of Appeals
|image = Hawaii_State_Judiciary_Seal_Transparent.png
|imagesize = 250px
|caption =
|established = 1979Section 3 of Act 111, Session Laws of Hawaii 1979.
|jurisdiction = Hawaii {{flagicon|Hawaii}},
United States {{flagicon|USA}}
|location=Honolulu, Hawaii
|coordinates=
|type = Governor nomination with Senate confirmation
|authority = [http://lrbhawaii.org/con/conart6.html Haw. Const. art. VI, § 2.]
|appealsto = Supreme Court of Hawaii
|terms = 10 years
|positions = 7
|website = [https://www.courts.state.hi.us/courts/appeals/intermediate_court_of_appeals Hawaii Intermediate Court of Appeals]
|chiefjudgetitle = Chief Judge
|chiefjudgename = Katherine G. Leonard (acting)
|termstart = January 13, 2024
|termend =
|termend2 =
}}{{Hawaii State Judiciary}}
The Hawaii State Intermediate Court of Appeals (ICA) is the intermediate appellate court of the Hawaii State Judiciary.{{cite web| title=Haw. Rev. Stat. § 602-51. | author=Hawaii State Legislature | url=http://www.capitol.hawaii.gov/hrscurrent/Vol13_Ch0601-0676/HRS0602/HRS_0602-0051.htm | access-date=February 9, 2016}} It has jurisdiction over appeals from lower courts and agencies.{{cite web| title=Haw. Rev. Stat. § 602-57. | author=Hawaii State Legislature | url=http://www.capitol.hawaii.gov/hrscurrent/Vol13_Ch0601-0676/HRS0602/HRS_0602-0057.htm | access-date = February 9, 2016}}
The ICA is composed of one chief judge and six associate judges,{{cite web| title=Haw. Rev. Stat. § 602-51. | author=Hawaii State Legislature | url=http://www.capitol.hawaii.gov/hrscurrent/Vol13_Ch0601-0676/HRS0602/HRS_0602-0051.htm | access-date=January 25, 2024}} who sit in randomly selected panels of three. Each judge is appointed to an initial ten-year term by the Governor.{{cite web | title=Haw. Const. art. VI, § 3. | author=Legislative Reference Bureau | url=http://lrbhawaii.org/con/conart6.html | access-date=February 9, 2016 | archive-date=March 9, 2015 | archive-url=https://web.archive.org/web/20150309102352/http://lrbhawaii.org/con/conart6.html | url-status=dead }} Judges are nominated by the Governor from a list of four to six names submitted by the Judicial Selection Commission.{{cite web | title=Haw. Const. art. VI, § 3. | author=Legislative Reference Bureau | url=http://lrbhawaii.org/con/conart6.html | access-date=February 9, 2016 | archive-date=March 9, 2015 | archive-url=https://web.archive.org/web/20150309102352/http://lrbhawaii.org/con/conart6.html | url-status=dead }} A judge's nomination is subject to confirmation by the Hawaii Senate, but reappointments require only approval of the Judicial Selection Commission.{{cite web | title=Haw. Const. art. VI, § 3. | author=Legislative Reference Bureau | url=http://lrbhawaii.org/con/conart6.html | access-date=February 9, 2016 | archive-date=March 9, 2015 | archive-url=https://web.archive.org/web/20150309102352/http://lrbhawaii.org/con/conart6.html | url-status=dead }} Under article VI, §3 of the Hawaii Constitution, all judges of the Intermediate Court of Appeals, like the justices of the Supreme Court of Hawaii and the judges of the Hawaii State Circuit Courts, have a mandatory retirement age of 70.
History
The Intermediate Court of Appeals was established in 1979.Act 111, Session Laws of Hawaii 1979 The court consisted of one chief judge and two associate judges.Haw. Rev. Stat. § 602-12 (1979) Annual salary of the chief judge was set at $45,000 and the associates judges were set at $43,750.Haw. Rev. Stat. § 602-13 (1979) The court shared concurrent jurisdiction with the Hawaii Supreme Court.Haw. Rev. Stat. § 602-5 (1979).
Originally, Hawaii adopted the so-called "push-down" or "deflective" model of appellate procedure still used in a small number of other states. Following judgment or appropriate agency decision, a party filed an application for writ of certiorari with the Hawaii Supreme Court.Haw. Rev. Stat. § 602-5 (1979). Following granting of a writ of certiorari, the Hawaii Supreme Court would then assign the case to the Intermediate Court of Appeals or to itself.Haw. Rev. Stat. § 602-5 (1979). The Hawaii Supreme Court could also reassign a case to itself under limited circumstances.Haw. Rev. Stat. § 602-5(9) (1979).
In 1992, the court expanded to one chief judge and three associate judges.Act 253, Session Laws of Hawaii 1992.
In 2001, the court expanded to one chief judge and five associate judges.Act 248, Session Laws of Hawaii 2001.
In 2004, Hawaii changed its appellate procedure so that all appeals from the lower courts and agency decisions would now go directly to the Intermediate Court of Appeals, meaning that court would normally be the first to rule on the merits of an appeal.Act 202, Session Laws of Hawaii 2004. However, a party could still submit an application to transfer a case to the Hawaii Supreme Court upon the grounds of a question of imperative or fundamental public importance; an appeal from a decision of any court or agency when appeals are allowed by law invalidating an amendment to the state constitution or determining a state statute, county ordinance, or agency rule to be invalid on the grounds that it was invalidly enacted or is unconstitutional, on its face or as applied, under either the constitution of the State or the United States; or a sentence of life imprisonment without the possibility of parole.{{cite web| title=Haw. Rev. Stat. § 602-58. | author=Hawaii State Legislature | url=http://www.capitol.hawaii.gov/hrscurrent/Vol13_Ch0601-0676/HRS0602/HRS_0602-0058.htm | access-date=February 10, 2016}}
For the 2016-2017 state fiscal year, the budget for the Hawaii Supreme Court and the Intermediate Court of Appeals was approximately $6.7 million.Act 138, Session Laws of Hawaii 2015
In 2022, the court expanded to one chief judge and six associate judges.Act 90, Session Laws of Hawaii 2022.
Salaries
The Commission on Salaries has recommend the following salaries for the chief judge and the associate judges:{{cite web |title= Commission on Salaries, Report and Recommendations to the 2013 Legislature, March 18, 2013 |publisher= Hawaii Department of Human Resources Development |url= http://dhrd.hawaii.gov/wp-content/uploads/2012/12/2013-commission-on-Salaries-Report-and-Recommendations-to-the-2013-Legislature.pdf |access-date= February 9, 2016}}
class="wikitable" | ||||||
! 7/1/2013
! 7/1/2014 ! 7/1/2015 ! 7/1/2016 ! 7/1/2017 ! 7/1/2018 | ||||||
| Chief Judge | $198,588 | $202,560 | $206,616 | $210,744 | $214,956 | $219,252 |
| Associate Judge | $190,908 | $194,724 | $198,624 | $202,596 | $206,652 | $210,780 |
Current judges
{{As of|2024|5|26}} the judges were:{{cite web|title=Intermediate Court of Appeals Judges|url=http://www.courts.state.hi.us/courts/appeals/judges|access-date=August 12, 2021|publisher=Hawaii state judiciary}}
class="sortable wikitable"
!Judge !Joined !Term ends !Appointed by !Law school |
Katherine G. Leonard, Acting Chief Judge
|{{dts|2008|1|30}} |{{dts|2028|1|29}} | {{Party shading/Republican}} |Linda Lingle (R) |
Keith K. Hiraoka
|{{dts|2018|11|19}} |{{dts|2028|11|18}} | {{Party shading/Democratic}} |David Ige (D) |
Clyde J. Wadsworth
|{{dts|2019|10|21}} |{{dts|2029|10|20}} | {{Party shading/Democratic}} |David Ige (D) |UCLA |
Karen T. Nakasone
|{{dts|2020|11|2}} |{{dts|2030|11|1}} | {{Party shading/Democratic}} |David Ige (D) |
Sonja McCullen
|{{dts|2021|10|1}} |{{dts|2031|9|30}} | {{Party shading/Democratic}} |David Ige (D) |Hawaii |
Kimberly T. Guidry
|{{dts|2023|5|31}} |{{dts|2033|5|30}} | {{Party shading/Democratic}} |Josh Green (D) |Hawaii |
Vacant
| | | | |
= Vacancy and pending nomination =
class=wikitable
! Seat ! Seat last held by ! Vacancy reason ! Date of vacancy ! Nominee ! Date of nomination |
Chief Judge
| Elevation to Hawaii Supreme Court | January 12, 2024 | Karen T. Nakasone |
—
| Karen T. Nakasone | Elevation to Chief Judge | TBD | align="center" | {{sort|0|–}} | align="center" | {{sort|0|–}} |
See also
References
{{Reflist}}
External links
- [https://www.courts.state.hi.us/courts/appeals/intermediate_court_of_appeals The Intermediate Court of Appeals]
- [http://www.courts.state.hi.us/docs/court_rules/rules/hrap.htm Hawaii Rules of Appellate Procedure]
- [http://www.courts.state.hi.us/opinions_and_orders/ Hawaii Appellate Court Opinions and Orders]
{{State Intermediate Appellate Courts}}
{{DEFAULTSORT:Hawaii Intermediate Court Of Appeals}}
Category:State appellate courts of the United States