Relating To Courts Of Appeal.
If enacted, SB2346 would amend Chapter 602 of Hawaii's Revised Statutes, altering the framework within which appellate courts operate. Specifically, it aims to prevent courts from making unprompted decisions that could significantly affect the outcomes for parties involved in legal disputes. This change seeks to promote due process by ensuring that all parties have a voice and an opportunity to present their arguments fully before the court reaches a decision. By enforcing this requirement, the bill emphasizes the importance of adversarial litigation in safeguarding individuals' rights in the judicial process.
SB2346 aims to enhance procedural fairness in the appellate courts of Hawaii by restricting the ability of courts to issue 'sua sponte' decisions—actions taken by a court without the involvement or request of the parties involved. The bill mandates that appellate courts must not affirm, modify, reverse, or vacate decisions on bases not raised by the parties except when those parties have been given the opportunity to submit supplemental briefs. This legislative move is inspired by legal principles that emphasize the necessity for thorough advocacy and representation in court for fair decision-making.
The bill could possibly face contention primarily around perceptions of judicial independence and efficiency. Critics may argue that imposing these requirements on appellate courts could lead to delays in the judicial process and overwhelm courts with additional briefings. Proponents of the bill, however, argue that the enhancement of due process is paramount and that the integrity of judicial decisions is compromised when courts act beyond the parameters established by the parties. Notably, the bill references judicial opinions from respected figures such as Justice Ruth Bader Ginsburg to underline its rationale for prioritizing party representation in legal proceedings.