2009 Hawaii Code
Volume 13
TITLE 32 - COURTS AND COURT OFFICERS
CHAPTER 602 - COURTS OF APPEAL
§602-10 - OLD REPEALED.

     §602-10  [OLD]  REPEALED.  L 1972, c 88, §2(h).

 

     §602-10  Full court; oral argument; substitute justices.  [L 2004, c 202, §56 amendment repealed June 30, 2010.  L 2006, c 94, §1.]  Parties to a proceeding before the supreme court shall be entitled to consideration by a full court.  Oral argument shall be before a full court; provided that in an appropriate case, the court in its discretion may dispense with oral argument.  In case of a vacancy, or if a justice of the supreme court is disqualified from sitting in any case pending before the supreme court, is unable to attend, is absent, is recused, or has been excused, the vacancy or the place of such justice may be temporarily filled by a circuit judge designated by the chief justice or by the appointment of a justice who has retired from the supreme court.  Such retired justice chosen to serve as substitute justice shall not be actively engaged in the practice of law.  A retired justice, when sitting as substitute justice, shall be compensated at a rate of pay of associate justices of the supreme court.  When necessary, the court may consist of five circuit judges so designated, or five retired justices so appointed, or any combination of circuit judges and retired justices.  After oral argument of a case, if a vacancy arises or if for any other reason a justice is unable to continue on the case, the case may be decided or disposed of upon the concurrence of any three members of the court without filling the vacancy or the place of such justice. [L 1892, c 57, §56; am L 1896, c 12, §1; am L 1903, c 32, §15; am L 1905, c 92, §1; am L 1909, c 14, §1; RL 1925, §2230; RL 1935, §3599; RL 1945, §9610; RL 1955, §214-10; am L 1963, c 193, §61; HRS §602-11; am L 1972, c 88, §2(f); am L 1974, c 146, §1; am L 1978, c 114, §1; ren L 1979, c 111, pt of §2; am L 2004, c 202, §56]

 

Note

 

  L 2004, c 202, §82 provides:

  "SECTION 82.  Appeals pending in the supreme court as of the effective date of this Act [July 1, 2006] may be transferred to the intermediate appellate court or retained at the supreme court as the chief justice, in the chief justice's sole discretion, directs."

 

Case Notes

 

  Contemplates that some cases may arise in which all five supreme court justices would recuse themselves.  880 F.2d 116.

  "Cause" in phrase "connection with the said cause" means issue brought to supreme court, not entire case in lower court.  9 H. 356; 20 H. 553.  Resignation of justice, though absolute in form, does not under all circumstances at once vacate office.  12 H. 332.  Duty of justice to sit unless disqualified or unable to sit for reason specified.  17 H. 393.  See 41 H. 270.

  Vacancy, effect of under prior law.  38 H. 449.

  Petition for rehearing must be acted upon by court as constituted when case was decided, if all members thereof are available.  45 H. 440, 369 P.2d 114.  But change in court no bar to grant of rehearing.  50 H. 40, 429 P.2d 829.

  When no disinterested substitutes can be designated, doctrine of necessity allows interested judges to participate in the case.  57 H. 348, 555 P.2d 1329.