Hawaii Senate Bill SB1071

Hawaii 2023 Regular Session

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

Caption

Relating To The Family Court.

Impact

By allowing family court judgments, orders, or decrees that affect child custody to be transferred directly to the Supreme Court, SB1071 aims to streamline the appeals process. This provision is intended to reduce the burden on the intermediate appellate court while facilitating quicker resolutions for family-related cases, thereby supporting the overarching goal of providing timely and equitable solutions for families and children in the state. The proposed changes signify a legislative commitment to enhance the efficiency and accessibility of the family court system.

Summary

SB1071 is designed to expedite the judicial process within the family court system in Hawaii by addressing prolonged delays in the disposition of appeals. The bill identifies that some family court cases have remained unresolved for as long as eight years, creating significant issues, such as cases becoming moot when children reach the age of majority before a custody decision is finalized. This situation raises concerns about due process, as prolonged delays may conflict with constitutional protections for individuals seeking timely resolutions in family matters.

Contention

While the bill is framed as a necessary reform to improve judicial efficiency, there may be concerns about its implications for the statutory process and local judicial autonomy. Stakeholders may debate whether elevating these specific family law matters to the Supreme Court could overwhelm that court with a flood of additional cases, potentially straining resources and altering the original intent of family court provisions. Some may argue that maintaining the current structure ensures that family matters receive specialized attention suitable for their unique complexities.