HOUSE OF REPRESENTATIVES

H.B. NO.

1152

THIRTY-SECOND LEGISLATURE, 2023

 

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 as one of the three branches of state government in Hawaii, the judiciary is responsible for administering justice in an impartial, efficient, and accessible manner. The legislature also finds that fair and timely judicial decision-making is critical to promote access to justice for all, protect due process and equal protection, ensure the fair and impartial treatment of all litigants, and ensure appropriate court operations and economical use of judicial resources.

The Hawaii supreme court and the Hawaii intermediate court of appeals serve the interests of justice and the public by hearing appeals brought before these courts. The legislature finds that the term length of the sessions of the Hawaii supreme court and intermediate appellate court, which are set in statute, impact the motions, trials, statute of limitations, and other court procedures and processes involved in the disposition of cases. Effective caseflow management can reduce delays in cases from filing to disposition, thereby improving the administration of fair and timely justice and enhancing the public's trust and confidence in the judicial system.

The purpose of this Act is to:

(1) Amend the period in which the Hawaii supreme court and intermediate appellate court is in session each year to June 1 of each year through April 1 of the following year;

(2) Specify that the Hawaii supreme court and intermediate appellate court shall issue decisions only during the time period these courts are in session; and

(3) Require the Hawaii supreme court and intermediate appellate court to issue a written decision during the same session in which the oral argument is heard.

SECTION 2. Section 602-8, Hawaii Revised Statutes, is amended to read as follows:

"602-8 [Terms.] Session; terms. The supreme court shall be deemed to be in [continuous] session[.] from June 1 of each year through April 1 of the following year. The supreme court shall issue decisions only during the time period the court is in session. Every oral argument heard by the supreme court shall require the court to issue a written decision in the same session in which the oral argument was heard. The court shall be deemed always open for filing papers, issuing and returning process, and issuing orders."

SECTION 3. Section 602-53, Hawaii Revised Statutes, is amended to read as follows:

"602-53 [Terms.] Session; terms. The intermediate appellate court shall be deemed [always] to be in [continuous] session[.] from June 1 of each year through April 1 of the following year. The intermediate appellate court shall issue decisions only during the time period the court is in session. Every oral argument heard by the intermediate appellate court shall require the court to issue a written decision in the same session in which the oral argument was heard. The court shall be deemed always open for filing papers, issuing and returning process, and issuing orders."

SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.


 

SECTION 5. This Act shall take effect upon its approval.

 

INTRODUCED BY:

_____________________________

 

 


 


 

Report Title:

Judiciary; Supreme Court; Intermediate Appellate Court; Session Terms; Issuance of Decisions

 

Description:

Amends the period in which the supreme court and intermediate appellate court are in session to June 1 of each year through April 1 of the following year. Specifies that the Hawaii supreme court and intermediate appellate court shall issue decisions only during the time period these courts are in session. Requires a written decision to be issued during the same session in which the oral argument is heard.

 

 

 

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.