Hawaii Senate Bill SB1073

Hawaii 2024 Regular Session

• Introduced: 1/20/23
• Refer: 1/27/23

Caption

Relating To The Judiciary.

Impact

The implementation of SB1073 will significantly impact how cases are handled in appellate courts. It establishes that if a party to a case suspects bias or a conflict of interest from the judge presiding over their case, they can formally request a hearing. This procedural safeguard is intended to facilitate discourse on judicial impartiality and provide a channel for judges to address these concerns directly. Furthermore, it clarifies that judges facing such allegations cannot sit on their own hearings but can respond to the motion or voluntarily recuse themselves from the case.

Summary

Senate Bill 1073 aims to enhance the fairness and impartiality of the judiciary in Hawaii by clarifying disqualification requirements for judges and extending them to justices as well. This legislation addresses concerns surrounding possible conflicts of interest within the judiciary, especially at the appellate level. The bill introduces a formal process allowing parties in a case to file a motion for a hearing when they believe a judge or justice has a disqualifying conflict of interest. This aims to promote transparency and accountability within the court system.

Contention

Despite its focus on impartiality, SB1073 may encounter debate regarding the potential for misuse of the conflict of interest motions. Critics may voice concerns over strategic filings that could delay proceedings or complicate the judicial processes. Their argument centers on the balance between promoting transparency and preventing the obstruction of justice through frivolous claims. Ultimately, how this bill is operationalized within Hawaii's judicial framework will determine its effectiveness in upholding judicial integrity.