Hawaii Intermediate Court of Appeals

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Hawaii Intermediate Court of Appeals
Hawaii State Judiciary Seal Transparent.png
Established 1979[1]
Country Hawaii Hawaii,
United States United States
Location Honolulu, Hawaii
Composition method Governor nomination with Senate confirmation
Authorized by Haw. Const. art. VI, § 2.
Decisions are appealed to Supreme Court of Hawaii
Judge term length 10 years
No. of positions 6
Website Hawaii Intermediate Court of Appeals
Chief Judge
Currently Craig H. Nakamura
Since September 16, 2009
Lead position ends September 15, 2019
Hawai'i State Judiciary

Supreme Court
Intermediate Appeals Court
Circuit Courts
District Courts
Family Courts
Tax Appeal Court
Land Court

The Hawaii State Intermediate Court of Appeals (ICA) is the intermediate appellate court of the Hawaii State Judiciary.[2] It has jurisdiction over appeals from lower courts and agencies.[3]

The ICA is composed of one chief judge and five associate judges,[4] who sit in randomly selected panels of three. Each judge is appointed to an initial ten-year term by the Governor.[5] Judges are nominated by the Governor from a list of four to six names submitted by the Judicial Selection Commission.[6] A judge's nomination is subject to confirmation by the Hawaii Senate, but reappointments require only approval of the Judicial Selection Commission.[7] Under article VI, §3 of the Hawaii Constitution, all judges of the Intermediate Court of Appeals, like the justices of the Supreme Court of Hawaii and the judges of the Hawaii State Circuit Courts, have a mandatory retirement age of 70.

History[edit]

The Intermediate Court of Appeals was established in 1979.[8] The court consisted of one chief judge and two associate judges.[9] Annual salary of the chief judge was set at $45,000 and the associates judges were set at $43,750.[10] The court shared concurrent jurisdiction with the Hawaii Supreme Court.[11]

Following judgment or appropriate agency decision, a party filed an application for writ of certiorari with the Hawaii Supreme Court.[12] Following granting of a writ of certiorari, the Hawaii Supreme Court would then assign the case to the Intermediate Court of Appeals or itself.[13] The Hawaii Supreme Court could also reassign a case to itself under limited circumstances.[14]

In 1992, the court expanded to one chief judge and three associate judges. [15]

In 2001, the court expanded to one chief judge and five associate judges. [16]

In 2004, all appeals from the lower courts and agency decisions were changed to be made directly to the Intermediate Court of Appeals. [17] However, a party could still submit an application to transfer a case to the Hawaii Supreme Court upon the grounds of a question of imperative or fundamental public importance; an appeal from a decision of any court or agency when appeals are allowed by law invalidating an amendment to the state constitution or determining a state statute, county ordinance, or agency rule to be invalid on the grounds that it was invalidly enacted or is unconstitutional, on its face or as applied, under either the constitution of the State or the United States; or a sentence of life imprisonment without the possibility of parole.[18]

For the 2016-2017 state fiscal year, the budget for the Hawaii Supreme Court and the Intermediate Court of Appeals was approximately $6.7 million.[19]

Salaries[edit]

The Commission on Salaries has recommend the following salaries for the chief judge and the associate judges:[20]

7/1/2013 7/1/2014 7/1/2015 7/1/2016 7/1/2017 7/1/2018
Chief Judge $198,588 $202,560 $206,616 $210,744 $214,956 $219,252
Associate Judge $190,908 $194,724 $198,624 $202,596 $206,652 $210,780

Current judges[edit]

As of 2016 the judges and their terms were:[21]

  • Chief Judge Craig H. Nakamura (September 16, 2009 – September 15, 2019)
  • Judge Daniel R. Foley (October 2, 2010 – October 1, 2020)
  • Judge Alexa D.M. Fujise (June 10, 2014 – June 9, 2024)
  • Judge Katherine G. Leonard (January 30, 2008 – January 29, 2018)
  • Judge Lawrence M. Reifurth (March 11, 2010 – March 10, 2020)
  • Judge Lisa M. Ginoza (May 6, 2010 – May 5, 2020)

See also[edit]

External links[edit]

References[edit]

  1. ^ Section 3 of Act 111, Session Laws of Hawaii 1979.
  2. ^ Hawaii State Legislature. "Haw. Rev. Stat. § 602-51.". Retrieved February 9, 2016. 
  3. ^ Hawaii State Legislature. "Haw. Rev. Stat. § 602-57.". Retrieved February 9, 2016. 
  4. ^ Hawaii State Legislature. "Haw. Rev. Stat. § 602-51.". Retrieved February 9, 2016. 
  5. ^ Legislative Reference Bureau. "Haw. Const. art. VI, § 3.". Retrieved February 9, 2016. 
  6. ^ Legislative Reference Bureau. "Haw. Const. art. VI, § 3.". Retrieved February 9, 2016. 
  7. ^ Legislative Reference Bureau. "Haw. Const. art. VI, § 3.". Retrieved February 9, 2016. 
  8. ^ Act 111, Session Laws of Hawaii 1979
  9. ^ Haw. Rev. Stat. § 602-12 (1979)
  10. ^ Haw. Rev. Stat. § 602-13 (1979)
  11. ^ Haw. Rev. Stat. § 602-5 (1979).
  12. ^ Haw. Rev. Stat. § 602-5 (1979).
  13. ^ Haw. Rev. Stat. § 602-5 (1979).
  14. ^ Haw. Rev. Stat. § 602-5(9) (1979).
  15. ^ Act 253, Session Laws of Hawaii 1992.
  16. ^ Act 248, Session Laws of Hawaii 2001.
  17. ^ Act 202, Session Laws of Hawaii 2004.
  18. ^ Hawaii State Legislature. "Haw. Rev. Stat. § 602-58.". Retrieved February 10, 2016. 
  19. ^ Act 138, Session Laws of Hawaii 2015
  20. ^ "Commission on Salaries, Report and Recommendations to the 2013 Legislature, March 18, 2013" (PDF). Hawaii Department of Human Resources Development. Retrieved February 9, 2016. 
  21. ^ "Intermediate Court of Appeals Judges". Hawaii state judiciary. Retrieved February 9, 2016.