THE CONSTITUTION OF THE STATE OF HAWAII
ARTICLE VI - THE JUDICIARY
INDEX TO THE CONSTITUTION OF THE STATE OF HAWAII
section titles
preamble
article I
article II
article III
article IV
article V
article VI
article VII
article VIII
article IX
article X
article XI
article XII
article XIII
article XIV
article XV
article XVI
article XVII
article XVIII
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THE CONSTITUTION OF THE STATE OF HAWAII
As Amended and in Force January 1, 2000
ARTICLE VI
THE JUDICIARY
JUDICIAL POWER
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. [Ren and am Const Con 1978 and
election Nov 7, 1978]
SUPREME COURT; INTERMEDIATE APPELLATE COURT; CIRCUIT COURTS
Section 2. The supreme court shall consist of a chief
justice and four associate justices. The chief justice may
assign a judge or judges of the intermediate appellate court or a
circuit court to serve temporarily on the supreme court, a judge
of the circuit court to serve temporarily on the intermediate
appellate court and a judge of the district court to serve
temporarily on the circuit court. As provided by law, at the
request of the chief justice, retired justices of the supreme
court also may serve temporarily on the supreme court, and
retired judges of the intermediate appellate court, the circuit
courts, the district courts and the district family courts may
serve temporarily on the intermediate appellate court, on any
circuit court, on any district court and on any district family
court, respectively. In case of a vacancy in the office of chief
justice, or if the chief justice is ill, absent or otherwise
unable to serve, an associate justice designated in accordance
with the rules of the supreme court shall serve temporarily in
place of the chief justice. [Am Const Con 1968 and election
Nov 5, 1968; ren and am Const Con 1978 and election Nov 7, 1978;
am HB 355 (1985) and election Nov 4, 1986]
APPOINTMENT OF JUSTICES AND JUDGES
Section 3. The governor, with the consent of the senate,
shall fill a vacancy in the office of the chief justice, supreme
court, intermediate appellate court and circuit courts, by
appointing a person from a list of not less than four, and not
more than six, nominees for the vacancy, presented to the
governor by the judicial selection commission
If the governor fails to make any appointment within thirty
days of presentation, or within ten days of the senate's
rejection of any previous appointment, the appointment shall be
made by the judicial selection commission from the list with the
consent of the senate. If the senate fails to reject any
appointment within thirty days thereof, it shall be deemed to
have given its consent to such appointment. If the senate shall
reject any appointment, the governor shall make another
appointment from the list within ten days thereof. The same
appointment and consent procedure shall be followed until a valid
appointment has been made, or failing this, the commission shall
make the appointment from the list, without senate consent
The chief justice, with the consent of the senate, shall
fill a vacancy in the district courts by appointing a person from
a list of not less than six nominees for the vacancy presented by
the judicial commission. If the chief justice fails to make the
appointment within thirty days of presentation, or within ten
days of the senate's rejection of any previous appointment, the
appointment shall be made by the judicial selection commission
from the list with the consent of the senate. The senate must
hold a public hearing and vote on each appointment within thirty
days of any appointment. If the senate fails to do so, the
nomination shall be returned to the commission and the commission
shall make the appointment from the list without senate consent.
The chief justice shall appoint per diem district court judges as
provided by law.
QUALIFICATIONS FOR APPOINTMENT
Justices and judges shall be residents and citizens of the
State and of the United States, and licensed to practice law by
the supreme court. A justice of the supreme court, a judge of
the intermediate appellate court and a judge of the circuit court
shall have been so licensed for a period of not less than ten
years preceding nomination. A judge of the district court shall
have been so licensed for a period of not less than five years
preceding nomination
No justice or judge shall, during the term of office, engage
in the practice of law, or run for or hold any other office or
position of profit under the United States, the State or its
political subdivisions.
TENURE; COMPENSATION; RETIREMENT
The term of office of justices and judges of the supreme
court, intermediate appellate court and circuit courts shall be
ten years. Judges of district courts shall hold office for the
periods as provided by law. At least six months prior to the
expiration of a justice's or judge's term of office, every
justice and judge shall petition the judicial selection
commission to be retained in office or shall inform the
commission of an intention to retire. If the judicial selection
commission determines that the justice or judge should be
retained in office, the commission shall renew the term of office
of such justice or judge for the period provided by this section
or by law
There shall be a salary commission to review and recommend
salaries for justices and judges of all state courts. Justices
and judges shall have salaries as provided by law. Their
compensation shall not be decreased during their respective terms
of office, unless by general law applying to all salaried
officers of the State. They shall be retired upon attaining the
age of seventy years. They shall be included in any retirement
law of the State. [Am Const Con 1968 and election Nov 5, 1968;
ren and am Const Con 1978 and election Nov 7, 1978; am SB 2182
(1994) and SB 2294 (1994) and election Nov 8, 1994]
JUDICIAL SELECTION COMMISSION
Section 4. There shall be a judicial selection commission
that shall consist of nine members. The governor shall appoint
two members to the commission. No more than one of the two
members shall be a licensed attorney. The president of the
senate and the speaker of the house of representatives shall each
respectively appoint two members to the commission. The chief
justice of the supreme court shall appoint one member to the
commission. Members in good standing of the bar of the State
shall elect two of their number to the commission in an election
conducted by the supreme court or its delegate. No more than
four members of the commission shall be licensed attorneys. At
all times, at least one member of the commission shall be a
resident of a county other than the City and County of Honolulu
The commission shall be selected and shall operate in a
wholly nonpartisan manner. After the initial formation of the
commission, elections and appointments to the commission shall be
for staggered terms of six years each. Notwithstanding the
foregoing, no member of the commission shall serve for more than
six years on the commission
Each member of the judicial selection commission shall be a
resident of the State and a citizen of the United States. No
member shall run for or hold any other elected office under the
United States, the State or its political subdivisions. No
member shall take an active part in political management or in
political campaigns. No member shall be eligible for appointment
to the judicial office of the State so long as the person is a
member of the judicial commission and for a period of three years
thereafter
No act of the judicial selection commission shall be valid
except by concurrence of the majority of its voting members
The judicial selection commission shall select one of its
members to serve as chairperson. The commission shall adopt
rules which shall have the force and effect of law. The
deliberations of the commission shall be confidential
The legislature shall provide for the staff and operating
expenses of the judicial selection commission in a separate
budget. No member of the judicial selection commission shall
receive any compensation for commission services, but shall be
allowed necessary expenses for travel, board and lodging incurred
in the performance of commission duties
The judicial selection commission shall be attached to the
judiciary branch of the state government for purposes of
administration. [Add Const Con 1978 and election Nov 7, 1978; am
SB 2513 (1994) and SB 2515 (1994) and election Nov 8, 1994]
RETIREMENT; REMOVAL; DISCIPLINE
Section 5. The supreme court shall have the power to
reprimand, discipline, suspend with or without salary, retire or
remove from office any justice or judge for misconduct or
disability, as provided by rules adopted by the supreme court
The supreme court shall create a commission on judicial
discipline which shall have authority to investigate and conduct
hearings concerning allegations of misconduct or disability and
to make recommendations to the supreme court concerning
reprimand, discipline, suspension, retirement or removal of any
justice or judge. [Am Const Con 1968 and election Nov 5, 1968;
ren and am Const Con 1978 and election Nov 7, 1978]
ADMINISTRATION
Section 6. The chief justice of the supreme court shall be
the administrative head of the courts. The chief justice may
assign judges from one circuit court to another for temporary
service. With the approval of the supreme court, the chief
justice shall appoint an administrative director to serve at the
chief justice's pleasure. [Ren and am Const Con 1978 and election
Nov 7, 1978]
RULES
Section 7. The supreme court shall have power to promulgate
rules and regulations in all civil and criminal cases for all
courts relating to process, practice, procedure and appeals,
which shall have the force and effect of law. [Ren Const Con 1978
and election Nov 7, 1978]
1999-2005 by William H. Lawson.
