Report Title:

Courts of Appeal; Case Disposition Time Limitation

Description:

Gives supreme court one year and intermediate appellate court six months after it takes civil cases under consideration to dispose of the cases.

HOUSE OF REPRESENTATIVES

H.B. NO.

1751

TWENTY-SECOND LEGISLATURE, 2004

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

RELATING TO THE JUDICIARY.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. The legislature finds that since the 1970s, the Hawaii supreme court has been continually confronted with an unmanageable civil caseload and an ever increasing backlog of civil cases on appeal. The 1978 constitutional convention found that some factors contributing to this expanding caseload included, among others, the natural population growth, an increased number of attorneys, easier access to the courts, an increased tendency of litigants to exercise their right of appeal, and an increase in complex litigation requiring interpretation by the supreme court.

In response to the situation, the constitutional convention recommended the establishment of an intermediate court of appeals as a most effective and permanent solution to this problem. It further recommended that each court directly address the problem of delays by establishing time limits for the disposition of cases in accordance with its rules.

On November 7, 1978, the following section 1 to article VI of the constitution was adopted:

Section 1. The judicial power of the State shall be vested in one supreme court, one intermediate appellate court, circuit courts, district courts and in such other courts as the legislature may from time to time establish. The several courts shall have original and appellate jurisdiction as provided by law and shall establish time limits for disposition of cases in accordance with their rules. (emphasis added)

To date, supreme court rule 9 requires the supreme court to dispose of cases within twelve months of oral argument "insofar as practicable". Rule 3 of the intermediate appellate court requires it to dispose of cases within six months of oral argument, again, "insofar as practical". However, the supreme court has not established mandatory time limits for itself or the intermediate appellate court for the disposition of cases as required by the constitution. The result has been a continuous backlog of pending civil cases on appeal, the disposition of which, in many cases, may drag on for years from the time an appeals court takes a matter under consideration for decision and the final disposition of the case.

The purpose of this Act is to require the supreme court to dispose of civil cases on appeal within one year and the intermediate appellate court to dispose of civil cases on appeal within six months.

SECTION 2. Chapter 602, Hawaii Revised Statutes, is amended by adding a new section to part I to be appropriately designated and to read as follows:

"§602- Time limits for disposition of civil cases on appeal. Within one year of taking under consideration a civil case on appeal, the supreme court shall render a final disposition of the case on appeal by the rendering of a published, per curiam, or memorandum opinion or dispositional order."

SECTION 3. Chapter 602, Hawaii Revised Statutes, is amended by adding a new section to part II to be appropriately designated and to read as follows:

"§602- Time limits for disposition of civil cases on appeal. Within six months of taking under consideration a civil case on appeal, the intermediate appellate court shall render a final disposition of the case on appeal by the rendering of a published, per curiam, or memorandum opinion or dispositional order."

SECTION 4. This Act shall apply to any civil case filed on appeal to the Hawaii supreme court after the effective date of this Act.

SECTION 5. New statutory material is underscored.

SECTION 6. This Act shall take effect upon its approval.

INTRODUCED BY:

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