Relating To Courts Of Appeal.
If enacted, HB336 will amend the Hawaii Revised Statutes to explicitly prohibit appellate courts from affirming, modifying, or vacating decisions on unraised grounds without a hearing where the parties can brief their positions and present oral arguments. This change seeks to ensure due process and reinforce the role of the parties in judicial proceedings, thus potentially enhancing the quality and fairness of court decisions. This legislation reflects a shift towards more accountable judicial practices and adherence to established legal principles.
House Bill 336 aims to reform the practices of appellate courts in Hawaii, specifically regarding their ability to make sua sponte decisions, meaning decisions made by the court without a request from either party involved in a case. The bill emphasizes the importance of the principle of party presentation, asserting that courts should only rule on matters raised by the parties and that they must be provided an opportunity to present their arguments and evidence. This aligns with principles articulated by Justice Ruth Bader Ginsburg regarding judicial discretion and the reliance on parties to frame case issues.
The bill addresses a significant concern that recent practice in the courts may undermine fairness and lead to unjust outcomes by allowing judges to make decisions without the parties' input. The contention lies mainly in the balance between judicial authority and party rights, with proponents arguing that the changes reinforce essential rights within the judicial process, while some may view this as an unnecessary limitation on judicial discretion. Critics of sua sponte decisions argue that they can lead to issues in due process, exemplified by cases where courts acted without hearing parties’ arguments, potentially leading to errant outcomes.