Hawaii House Bill HB1461

Hawaii 2023 Regular Session

• Introduced: 1/25/23
• Refer: 1/30/23

Caption

Relating To The Family Court.

Impact

The bill intends to streamline the appeals process for family court decisions by permitting certain cases—specifically those regarding child custody or parental rights—to be transferred from the intermediate appellate court directly to the supreme court. This legislative change seeks to minimize waiting times and prioritize these cases, thereby fostering a more responsive judicial approach to family matters. If passed, the bill would amend existing Hawaii Revised Statutes, reinforcing the importance of timely resolutions in family law proceedings.

Summary

House Bill 1461 aims to address significant delays observed in family court dispositions, particularly concerning appeals related to child custody. The legislature identifies that these delays can violate due process under both state and federal law, emphasizing the necessity for a fair, speedy, and accessible resolution. Delays in cases have reportedly stretched to up to eight years, causing crucial family matters, especially those involving children, to remain unresolved for extended periods, which can lead to moot issues such as a child reaching adulthood before a custody decision is finalized.

Contention

Opposition to the bill may arise from concerns regarding the potential implications for judicial efficiency and the rights of parties involved in appeals. Critics could argue that suddenly shifting jurisdiction over certain family law matters to the supreme court could overwhelm the court and lead to inefficiencies elsewhere in the judicial system. Furthermore, ensuring that constitutional due process is maintained while expediting appeals might present challenges, necessitating careful implementation of the proposed changes.