Relating To Courts Of Appeal.
If enacted, the bill will affect the procedural aspects of appeals in the Hawaiian judicial system. Under current practices, there are instances where appellate courts may make rulings on matters outside what the parties have presented, which can lead to decisions that may compromise just outcomes for litigants. SB1072 seeks to prevent such occurrences by ensuring that all parties have a fair chance to present their arguments on all relevant matters, which proponents argue will lead to more equitable judicial decisions and uphold the rule of law as envisioned in the legal principles laid out by figures such as Justice Ruth Bader Ginsburg.
SB1072 aims to amend the Hawaii Revised Statutes concerning the appellate court's authority to make decisions based on grounds not raised by the parties involved in a case. Specifically, it introduces the principle that both the State's Supreme Court and Intermediate Appellate Court cannot affirm, modify, reverse, or vacate decisions based on unaddressed grounds, unless the parties are given an opportunity to brief the court on those issues. This provision is designed to strengthen the parties' rights during litigation and to enhance due process in judicial proceedings.
The discussion surrounding SB1072 has brought forth concerns regarding potential overreach by appellate courts in making sua sponte decisions - decisions made by the court without a request from either party. Critics of current practices argue that this can undermine the integrity of the appeals process by allowing courts to alter cases based on issues not being litigated. The bill proposes to close this gap by ensuring any significant amendments or decisions made by the courts will require an opportunity for both parties to argue their case, thus upholding a fundamental aspect of the judicial process and due process rights.