Supreme Court of Hawaii

Supreme Court of Hawaii. The Supreme Court of Hawaii is the highest court in the U.S. state of Hawaii and serves as the court of last resort for the state's judiciary. It primarily hears appeals from the Hawaii Intermediate Court of Appeals and has discretionary review over certain cases. The court's decisions are binding on all other state courts in Hawaii and interpret the Constitution of Hawaii and state law.

History

The origins of the court trace back to the Kingdom of Hawaii, with its first formal constitution in 1840 establishing a supreme court. Early justices, such as William Little Lee, were appointed by Kamehameha III and helped shape a Western-style legal system. Following the Overthrow of the Kingdom of Hawaii in 1893 and subsequent annexation, the court operated under the Republic of Hawaii and then the Territory of Hawaii. The Organic Act of 1900, passed by the United States Congress, reorganized the territorial judiciary. Upon statehood in 1959, the current court was established under the Hawaii State Constitution, with its first chief justice, Wilfred Tsukiyama, appointed by Governor William F. Quinn.

Composition and structure

The court is composed of a chief justice and four associate justices, all appointed by the Governor of Hawaii from a list of nominees provided by the Judicial Selection Commission. Justices serve ten-year terms and must be retained by voters in non-competitive elections at the end of each term. The court primarily sits in Aliʻiōlani Hale, a historic building in Honolulu that also houses a statue of Kamehameha the Great. Administrative oversight of the entire Hawaii State Judiciary is led by the chief justice, who is assisted by the Administrative Director of the Courts.

Jurisdiction and powers

The court has mandatory jurisdiction over appeals from the Hawaii Intermediate Court of Appeals in cases involving life imprisonment or capital punishment, and it has discretionary power to grant writs of certiorari to review other appellate decisions. It also possesses original jurisdiction to issue writs such as habeas corpus, mandamus, and prohibition. The court is responsible for promulgating rules governing all state courts and the practice of law, including attorney discipline through the Office of Disciplinary Counsel. Its interpretations of the Constitution of Hawaii are final, though its rulings on federal law may be reviewed by the Supreme Court of the United States.

Notable cases

In *State v. Ortiz* (1978), the court established the Hawaii Constitution as an independent source of individual rights, expanding protections beyond the U.S. Constitution. The landmark case *McBryde Sugar Co. v. Robinson* (1973) affirmed the state's ownership of all water resources, a pivotal ruling in Hawaii water law. In *Baehr v. Lewin* (1993), the court held that denying marriage licenses to same-sex couples constituted sex discrimination, a precedent that influenced later national litigation. More recently, *State v. Armitage* (2020) addressed native Hawaiian traditional and customary rights under the Public Access Shoreline Hawaii doctrine.

Chief justices

Notable chief justices have included Wilfred Tsukiyama, the first under statehood, and William S. Richardson, for whom the William S. Richardson School of Law is named and who authored many foundational opinions. Herman T.F. Lum served during a period of significant judicial modernization. The current chief justice, Mark E. Recktenwald, previously served as chief judge of the Hawaii Intermediate Court of Appeals and was appointed by Governor Linda Lingle. The chief justice also serves as the head of the Judicial Council of Hawaii and chairs the Commission on Judicial Conduct. Category:Supreme courts of the United States Category:Hawaii state courts Category:Government of Hawaii