Hawaii Senate Bill SB388

Hawaii 2022 Regular Session

• Introduced: 1/22/21
• Refer: 1/25/21

Caption

Relating To Designating Substitute Judges On The Intermediate Court Of Appeals.

Impact

The proposed bill would have a significant impact on the state's judicial processes. By allowing the Chief Justice to designate substitute judges, the legislation aims to enhance the efficiency of the Intermediate Court of Appeals, minimizing delays in hearing and delivering judgments. This change not only addresses immediate gaps in judicial capacity but also reinforces the importance of maintaining a full complement of judges to uphold the integrity of the appellate system. Ensuring that cases are adjudicated in a timely manner is essential for maintaining public trust in the legal system.

Summary

Senate Bill 388 aims to amend Hawaii's legal framework regarding the designation of substitute judges on the Intermediate Court of Appeals. This legislation specifically seeks to empower the Chief Justice of the Supreme Court to appoint circuit judges, retired intermediate appellate judges, or retired Supreme Court justices to temporarily fill vacancies on the Intermediate Court of Appeals. This measure is a response to the ongoing need for adequate judicial representation on appellate panels, ensuring that legal proceedings can continue smoothly even when regular judges are unavailable due to disqualification or vacancies.

Contention

While the bill appears to streamline judicial appointments, it may also raise concerns regarding the independence of appointed judges and the potential for political influence in the appointment process. Critics may argue that relying on the Chief Justice to designate temporary judges could undermine the objectivity of the judiciary, especially if appointments are perceived as politically motivated. Moreover, there might be discussions about the qualifications and criteria set for appointing such substitute judges, inviting debate on the balance between maintaining judicial integrity and ensuring adequate coverage during vacancies.