Bill Text: HI HB372 | 2020 | Regular Session | Introduced
Bill Title: Relating To Appellate Jurisdiction.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2019-12-01 - Carried over to 2020 Regular Session. [HB372 Detail]
Download: Hawaii-2020-HB372-Introduced.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
372 |
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THIRTIETH LEGISLATURE, 2019 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to appellate jurisdiction.
BE IT
ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Chapter 602, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§602‑ Criteria for assignment of cases. In assigning a case to the appropriate
court of appeal under section 602‑5(b), the chief justice or the chief
justice's designee may consider the following among other relevant matters and
their substantiality in determining whether the case involves a question of
such importance that it should be assigned to the supreme court:
(1) Whether the
case involves a question of first impression or presents a novel legal
question;
(2) Whether the
case involves a question of state or federal constitutional interpretation;
(3) Whether the
case raises a question of law regarding the validity of a state statute, county
ordinance, or agency regulation;
(4) Whether the
case involves issues upon which there is an inconsistency in the decisions of
the intermediate appellate court or of the supreme court; or
(5) Whether the sentence in the case is life imprisonment without the possibility of parole."
SECTION 2. Chapter 661, Hawaii Revised Statutes, is amended by adding a new section to part I to be appropriately designated and to read as follows:
"§661‑ Judgment of supreme court final. The judgment of the supreme court in all matters brought before it on appeal, under this chapter, shall be final."
SECTION 3. Section 11-51, Hawaii Revised Statutes, is amended to read as follows:
"§11-51 Appeal from board[.] to supreme
court. Any affected person,
political party, or any of the county clerks, may appeal to the [intermediate
appellate] supreme court, subject to chapter 602, in the manner
provided for civil appeals to the supreme court from the circuit court;
provided that the appeal is brought no later than 4:30 p.m. on the tenth day
after the board serves its written decision, including findings of fact and
conclusions of law, upon the appellant.
This written decision of the board shall be a final appealable order. The board shall not consider motions for
reconsideration. Service upon the
appellant shall be made personally or by registered mail, which shall be deemed
complete upon deposit in the mails, postage prepaid, and addressed to the
appellant's last known address."
SECTION 4. Section 11-52, Hawaii Revised Statutes, is amended to read as follows:
"§11-52 Hearing; decision final. When the appeal is perfected, the supreme court shall hear the appeal as soon thereafter as may be reasonable. The determination by the court of the question shall be final."
SECTION 5. Section 11-53, Hawaii Revised Statutes, is amended to read as follows:
"§11-53 Decision, notice; action on. Immediately upon rendering a final decision upon any appeal, the supreme court shall notify the board of registration from which the appeal was taken; and if the decision reverses the decision of the board, the board shall immediately order the register to be corrected to conform with the decision."
SECTION 6. Section 11-54, Hawaii Revised Statutes, is amended to read as follows:
"§11-54 Status pending appeal. In case of an appeal from a decision of any
board of registration the name of the person shall be placed or remain upon the
register pending the decision of the [appellate courts] supreme court
concerning the same. If the person so
registered votes at any election before the appeal is decided and acted upon,
the ballot of [such] the voter shall be handled in accordance
with section 11-25(c)."
SECTION 7. Section 40-91, Hawaii Revised Statutes, is amended to read as follows:
"§40-91 Appeal from comptroller[.] to the supreme court. In case of any question or difference of
opinion arising between the comptroller and any officer of the State regarding
the proper appropriation to which any item or amount of expense is charged, or
any other matter regarding the construction of this chapter or the authority
vested in either of them by this chapter, and in all cases where a claim is
disallowed by the comptroller in consequence of the absence of an original
warrant voucher, or upon an imperfect warrant voucher or an incorrect
certificate, or if any person feels aggrieved by any decision of the
comptroller, in the rejection or the surcharge of the returns or refusal to
approve or allow any demand presented by the person, any of the persons concerned
may appeal from the decision to the [intermediate appellate] supreme
court, subject to chapter 602. After
such investigation as the [appellate] supreme court or the
intermediate appellate court, as the case may be, considers equitable, it
may make such order directing the relief of the appellant in whole or in part
as appears to the court to be just and reasonable. If the demand of the officer, bill, claim of
any person, or the return of any public accountant is approved, in whole or in
part by the court, the court shall so indorse its findings on the same and it
shall thereafter be presented to the comptroller, who shall enter it in the
proper book in like manner as other demands and indorsement shall be made by
the comptroller of its having been so entered before it can be paid."
SECTION 8. Section 47-46, Hawaii Revised Statutes, is amended to read as follows:
"§47-46 Disputed ownership. If there are two or more claimants claiming
adversely, each to the other or others, to be the owner in due course of a
bond, coupon, or both, as the case may be, alleged to have been lost, stolen,
destroyed, or defaced, the director of finance, in the director's discretion,
may require the claimants, if not within the State, to appoint agents within
the State to accept service of process, or otherwise to submit to the
jurisdiction of the courts of the State, and may bring suit on behalf of the
State in any circuit court against the claimants, by interpleader, for the
determination of the claimant or claimants entitled to the payment of the bond,
coupon, or both, as the case may be.
Jurisdiction is hereby conferred upon the designated circuit court to
hear and determine, without a jury, the suits and to determine whether any of
the claimants is entitled to the payment, and, if so, which of the claimants is
so entitled; provided that no such judicial determination shall dispense with
the condition prescribed by section 47-45 requiring a surety bond before the
payment of the claims. The cost of the
suit shall be borne by the claimants and the court may decree the payment of
such costs by any of the unsuccessful claimants, or the apportionments thereof,
as may be deemed just. The decision of
the court may be appealed to the [intermediate appellate] supreme
court, subject to chapter 602, in the manner provided for civil appeals from
the circuit court."
SECTION 9. Section 53-6, Hawaii Revised Statutes, is amended by amending subsection (c) to read as follows:
"(c) Hearings and trial upon any issue raised in
any action, suit, or proceeding in any court involving the construction,
interpretation, or validity of this chapter, or involving the legality or
validity of any action taken or proposed to be taken under or pursuant to this
chapter, whether by way of injunction, suit for declaratory judgment,
submission on agreed statement of facts, or otherwise, shall be given
precedence in the trial courts and[,] on appeal. An appeal to the [intermediate appellate]
supreme court, subject to chapter 602, shall lie from any decision of
any trial court holding valid or invalid any provision of this chapter, or any
contract made or proposed, or other action taken or proposed to be taken, under
or pursuant to this chapter."
SECTION 10. Section 101-10, Hawaii Revised Statutes, is amended to read as follows:
"§101-10 Circuit courts have jurisdiction. The circuit courts shall try and determine all actions arising under this part, subject only to an appeal to the supreme court in accordance with law. The court, on its own motion or on motion of any party, may try and determine any issue in the case in advance of other issues."
SECTION 11. Section 101-32, Hawaii Revised Statutes, is amended to read as follows:
"§101-32 Possession pending appeal. At any time after judgment has been rendered
in the circuit court for or in favor of the plaintiff, or pending an appeal to
the supreme court by either plaintiff or defendant, the plaintiff, if not
already in possession of the land sought to be condemned under an order entered
pursuant to sections 101-28 and 101-29, may be put into possession thereof upon
the payment, to the clerk of the court, of the amount assessed as compensation
or damages and such further sum as may be required by the court as a fund to
pay any further compensation or damages that may be awarded, as well as all
damages that may be sustained by the defendant if for any cause the property is
not finally taken for public use. Upon
such payment, the court shall make an order putting plaintiff into possession
of the property sought to be condemned with the right to use the same during
the pendency of and until the final conclusion of the litigation. If the plaintiff has appealed[,] to
the supreme court, the amount shall be held by the clerk until the entry of
final judgment, and the final judgment shall include, as part of the just
compensation and damages awarded, interest at the rate provided in section
101-25 from the date of the order letting plaintiff into possession. If the defendant who is entitled to the
amount of money assessed as compensation or damages and paid into court under
this section has appealed[,] to the supreme court, the defendant
shall have the right to demand and receive payment of the same at any time
thereafter, upon filing a receipt therefor and an abandonment of all defenses
to the action or proceeding, except as to the amount of compensation or damages
that the defendant may be entitled to if a new trial shall be granted."
SECTION 12. Section 101-34, Hawaii Revised Statutes, is amended to read as follows:
"§101-34 Issue as to use may be set for immediate
trial. If the defendant, in the
defendant's answer or in return to the order to show cause, issued under
section 101-28, denies that the use for which the property sought to be
condemned is a public use, or a superior public use within the meaning of
section 101-7, the issue, upon the motion of any party, may be set for
immediate trial, without a jury and without regard to position on the
calendar. Notwithstanding any provision
of section 641-1, an interlocutory appeal shall lie from the decision on the
issue as of right, and the appeal shall be given precedence in the [intermediate
appellate] supreme court.
Failure of the defendant to raise the issue within ten days after
service of an order granting immediate possession shall be deemed an admission
that the use is a public use or a superior public use, as the case may
be."
SECTION 13. Section 101-52, Hawaii Revised Statutes, is amended to read as follows:
"§101-52 Proceedings authorized. Any officer authorized to bring eminent domain proceedings under part I, and any county when thereunto authorized in the manner provided by section 101‑13, which is made applicable to this part, may file or cause to be filed a special proceeding for the acquisition by the State or county, as the case may be, of public property required for public uses which are under the officer's or county's jurisdiction and control. The circuit courts may try and determine the proceedings without a jury, subject only to an appeal to the supreme court in accordance with chapter 602, in the manner provided for civil appeals from the circuit courts. The circuit court, on its own motion or on motion of any party, may try and determine any issue in the case in advance of other issues. Compensation or damages shall be paid by the condemning authority for the condemnation of any public property taken under this chapter."
SECTION 14. Section 124A-105, Hawaii Revised Statutes, is amended to read as follows:
"§124A-105 Judicial review[.] by the supreme
court. (a) An accused, who was tried by a special or
general court-martial and who still deems the accused's self aggrieved after
the accused has exhausted all of the accused's rights of review under this
part, shall be entitled to appeal the judgment or sentence of the special or
general court-martial, as may have been modified on review under this part
prior to judicial review under this section, to the supreme court,
subject to chapter 602, in the manner provided for civil appeals from the
circuit courts, and within the time provided by the rules of court. All appeals, whether heard by the
intermediate appellate court or the supreme court, shall be filed with the
clerk of the supreme court and shall be subject to one filing fee.
(b) The filing of an appeal pursuant to subsection (a) shall not of itself stay the execution of the judgment or sentence appealed from, but the supreme court or the intermediate appellate court may stay the same upon motion upon such conditions as it may deem proper, notwithstanding any conflicting or contrary provision in this chapter relating to the effective date or execution of sentences or any other contrary provision of law.
(c) In reviewing the judgment or sentence of a special or general court-martial, as may have been modified on review prior to judicial review, the supreme court or intermediate appellate court, as the case may be, may take any of the actions, and exercise any of the powers specified in section 641-16 as the court may deem appropriate in reviewing a judgment or sentence of a military court-martial, and the court shall follow as appropriate or applicable the standards and requirements in section 641-16.
(d)
Upon the request of the accused, the state judge advocate shall appoint
a lawyer, who is a member of the bar of the highest court of the State and who
has been certified under section 124A-45, to represent the accused in the
accused's appeal of the court-martial judgment or sentence[.] to the
supreme court. If the accused wishes
to be represented by civilian counsel, rather than by appointed military
counsel, the accused may do so at the accused's own expense."
SECTION 15. Section 127A-23, Hawaii Revised Statutes, is amended to read as follows:
"[[]§127A-23[]] Determination
of damages. The governor or mayor,
as applicable, shall appoint a board of three disinterested certified
appraisers with whom may be filed any claim for damages arising out of any
failure to return private property, the temporary use of which was requisitioned,
or which was leased, or any claim for damages arising out of the condition in
which the private property is returned; provided that no such claim shall be
filed for deterioration of property resulting from ordinary wear and tear, and
not for any deterioration or damage, except such as is shown to have resulted
from the taking or use of the property. Any claim shall be filed within thirty days
after the return of the property or after the governor or mayor proclaims that
all private property has been returned to the owners, whichever is earlier. The decision of the appraisers shall be final
and binding upon the governor or mayor, as applicable, and the claimant;
provided that either party may file a petition in the circuit court within
sixty days after the rendering of a decision of the board, praying for the
decision of the court upon the claim. The petition, if filed by the State, shall be
entitled in the name of the State, by the attorney general, and if filed by the
county, shall be entitled in the name of the county, by its corporation
counsel, and shall be heard and decided by the circuit court without the
intervention of a jury. If filed by any
other party, the petition shall be filed, heard, and decided in the manner
provided for suits against the State. Appellate review by the supreme court
may be had, subject to chapter 602, in the manner provided for civil appeals
from the circuit courts. The court may
order the joinder of other parties or may allow other parties to intervene. Any award that has become final shall be paid
out of any funds available under this chapter and, if not sufficient, out of
the general revenues of the State as appropriated or out of the general
revenues of the county as appropriated."
SECTION 16. Section 196D-5, Hawaii Revised Statutes, is amended by amending subsection (d) to read as follows:
"(d) Where the contested case provisions under
chapter 91 apply to any one or more of the permits to be issued by the agency
for the purposes of the project, the agency, if there is a contested case
involving any of the permits, may be required to conduct only one contested
case hearing on the permit or permits within its jurisdiction. Any appeal from a decision made by the agency
pursuant to a public hearing or hearings required in connection with a permit
shall be made directly on the record to the [intermediate appellate] supreme
court, subject to chapter 602."
SECTION 17. Section 232-1, Hawaii Revised Statutes, is amended to read as follows:
"§232-1 Appeals by persons under contractual
obligations. Whenever any person is
under a contractual obligation to pay a tax assessed against another, the
person shall have the same rights of appeal to the board of review, the tax
appeal court, and the [intermediate appellate] supreme court,
subject to chapter 602, in the person's own name, as if the tax were assessed
against the person. The person against
whom the tax is assessed shall also have a right to appear and be heard on any
such application or appeal."
SECTION 18. Section
232-19, Hawaii Revised Statutes, is amended to read as follows:
"§232-19 Appeals[;] to the supreme court;
procedure. (a) Any taxpayer or county aggrieved or the
assessor may appeal to the [intermediate appellate] supreme
court, subject to chapter 602, from the decision of the tax appeal court by
filing a written notice of appeal with the tax appeal court and depositing
therewith the costs of appeal within thirty days after the filing of the
decision. The appeal shall be considered
and treated for all purposes as a general appeal and shall bring up for
determination all questions of fact and all questions of law, including
constitutional questions, involved in the appeal. A notice of appeal may be amended at any time
up to the final determination of the tax liability by the last court from which
an appeal may be taken. The [appellate]
supreme court shall enter a judgment in conformity with its opinion or
decision.
(b) All such appeals shall be speedily disposed of and, in the hearing and disposition thereof, shall be given preference over other litigation in the discretion of the court."
SECTION 19. Section 232-20, Hawaii Revised Statutes, is amended to read as follows:
"§232-20 Certificate of appeal. (a)
Upon the perfection of an appeal[,] to the supreme court,
the judge of the tax appeal court shall send to the [appellate] supreme
court a certificate in which there shall be set forth, among other things:
(1) A brief description of the assessment and the property involved in the appeal, if any, in sufficient detail to identify the same together with the valuation placed on the property by the assessor;
(2) The valuation claimed by the taxpayer or county;
(3) The taxpayer's or county's grounds of objection to the assessment;
(4) The valuation, if any, placed thereon by an administrative body established by county ordinance equivalent to a state board of review; and
(5) The valuation placed thereon by the tax appeal court.
(b) The certificate shall be accompanied by the taxpayer's return, if any, a copy of the notice of appeal from the assessment and any amendments thereof, the decision, if any, of the state board of review or equivalent county administrative body, a copy of the notice of appeal from the decision of the state board of review or equivalent county administrative body, if any, and any amendments thereof, and a transcript or statement of the evidence before and the decision of the tax appeal court, and all exhibits, motions, orders, or other documents specified by either the taxpayer, the county, or the assessor. No failure of the judge of the tax appeal court to send or properly prepare the certificate or the accompanying documents shall prejudice, limit, or in any manner affect the taxpayer's, county's, or assessor's appeal, and the certificate of appeal may be amended at any time up to the final determination of the appeal."
SECTION 20. Section 232-21, Hawaii Revised Statutes, is amended to read as follows:
"§232-21 [Appellate] Supreme court may
admit additional evidence. Upon
appeal[,] to the supreme court, the [appellate] court may
permit any party to introduce, or, of its own motion, may require the taking
of, additional evidence material to the matter in dispute."
SECTION 21. Section
232-22, Hawaii Revised Statutes, is amended to read as follows:
"§232-22 Costs; deposit for on appeal. (a) No costs shall be charged on appeal to the state board of review.
(b) The nonrefundable costs to be deposited in any one case per taxpayer on any appeal to the tax appeal court shall be an amount set pursuant to rules adopted by the supreme court, which shall not exceed $100.
(c) On appeal to the [intermediate appellate]
supreme court, the deposit for costs, and costs chargeable, shall be the
same as in appeals to the supreme court from decisions of circuit
courts, as provided by sections 607-5 and 607-6. If the decision of [the intermediate
appellate court or] the supreme court [on transfer from or review of the
intermediate appellate court] is in favor of the taxpayer, the taxpayer
shall pay no costs for the appeal, and any payment or deposit therefor shall be
returned to the taxpayer. If the
decision is only partly in favor of the taxpayer, the costs shall be prorated
in the manner provided by section 232-23.
No costs shall be payable by, and no deposit shall be required from, the
assessor or the county in any case."
SECTION 22. Section 232-23, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:
"(b) In the event of an appeal by a taxpayer to the tax appeal court, if the appeal or objection is sustained in whole, the costs deposited shall be returned to the appellant. If the appeal or objection is sustained in part only, or if an agreement or compromise is made between the appellant and the tax assessor or other proper officer, whereby a reduction is made in the total amount of the valuation assessed (in cases of real property tax appeals) or the tax assessed (in other cases), then a part of the costs proportionate to the amount for which the appellant obtains a judgment or proportionate to the amount of the reduction, as the case may be, shall be returned to the appellant. In the event of dismissal of the appeal without hearing upon the merits, the costs deposited in the amount set pursuant to rules adopted by the supreme court shall be returned to the appellant.
In the event of a final
determination of an appeal by a county to the tax appeal court[, the
intermediate appellate court,] or the supreme court [on review],
that a higher assessment should be made of the property involved, the
additional tax due shall be collected in the same manner as the tax based upon
the original assessment."
SECTION 23. Section 235-114, Hawaii Revised Statutes, is amended by amending subsections (a) and (b) to read as follows:
"(a) Any person aggrieved by any assessment of the
tax or liability imposed by this chapter may appeal from the assessment in the
manner and within the time hereinafter set forth. Appeal may be made either to the district board
of review or to the tax appeal court.
The first appeal to either the district board of review or to the tax
appeal court may be made without payment of the tax so assessed. Either the taxpayer or the assessor may
appeal to the tax appeal court from a decision by the board or to the [intermediate
appellate] supreme court from a decision by the tax appeal court;
provided that if the decision by the board or the tax appeal court is appealed
by the taxpayer, or the decision by the board in favor of the department is not
appealed, the taxpayer shall pay the tax so assessed plus interest as provided
in section 231-39(b)(4).
(b)
If the appeal is first made to the board, the appeal shall either be
heard by the board or be transferred to the tax appeal court for hearing at the
election of the taxpayer or employer. If
heard by the board, an appeal shall lie from the decision thereof to the tax
appeal court and to the [intermediate appellate] supreme court,
subject to chapter 602, in the manner and with the costs provided by chapter
232. The supreme court shall prescribe
forms to be used in the appeals. The
forms shall show:
(1) The amount of taxes or liability upon the basis of the taxpayer's computation of the taxpayer's taxable income or the employer's computation of the employer's liability;
(2) The amount upon the basis of the assessor's computation;
(3) The amount upon the basis of the decisions of the board of review and tax appeal court, if any; and
(4) The amount in dispute.
If or when the appeal is filed with or transferred
to the tax appeal court, the court shall proceed to hear and determine the
appeal, subject to appeal to the [intermediate appellate] supreme
court as is provided in chapter 232."
SECTION 24. Section 269-15, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:
"(b)
In addition to any other remedy available, the commission or its
enforcement officer may issue citations to any person acting in the capacity of
or engaging in the business of a public utility within the State, without
having a certificate of public convenience and necessity or other authority
previously obtained under and in compliance with this chapter or the rules
adopted thereunder.
(1) The
citation may contain an order of abatement and an assessment of civil penalties
as provided in section 269-28(c). All
penalties collected under this subsection shall be deposited in the treasury of
the State. Service of a citation issued
under this subsection shall be made by personal service whenever possible, or
by certified mail, restricted delivery, sent to the last known business or
residence address of the person cited.
(2) Any
person served with a citation under this subsection may submit a written
request to the commission for a hearing, within twenty days from the receipt of
the citation, with respect to the violations alleged, the scope of the order of
abatement and the amount of civil penalties assessed. If the person cited under this subsection
timely notifies the commission of the request for a hearing, the commission
shall afford an opportunity for a hearing under chapter 91. The hearing shall be conducted by the
commission or the commission may designate a hearings officer to hold the hearing.
(3) If
the person cited under this subsection does not submit a written request to the
commission for a hearing within twenty days from the receipt of the citation,
the citation shall be deemed a final order of the commission. The commission may apply to the appropriate
court for a judgment to enforce the provisions of any final order, issued by
the commission or designated hearings officer pursuant to this subsection,
including the provisions for abatement and civil penalties imposed. In any proceeding to enforce the provisions
of the final order of the commission or designated hearings officer, the
commission need only show that the notice was given, a hearing was held or the
time granted for requesting the hearing has run without such a request, and a
certified copy of the final order of the commission or designated hearings
officer.
(4) If
any party is aggrieved by the decision of the commission or the designated
hearings officer, the party may appeal to the [intermediate appellate] supreme
court, subject to chapter 602, in the manner provided for civil appeals from
the circuit court; provided that the operation of an abatement order shall not
be stayed on appeal unless specifically ordered by a court of competent
jurisdiction after applying the stay criteria enumerated in section 91‑14(c). The sanctions and disposition authorized
under this subsection shall be separate and in addition to all other remedies
either civil or criminal provided in any other applicable statutory provision. The commission may adopt rules under chapter
91 as may be necessary to fully effectuate this subsection."
SECTION 25. Section 269-54, Hawaii Revised Statutes, is amended by amending subsection (e) to read as follows:
"(e) The consumer advocate may file with the commission and serve on any public utility a request in writing to furnish any information reasonably relevant to any matter or proceeding before the commission or reasonably required by the consumer advocate to perform the duties hereunder. Any such request shall set forth with reasonable specificity the purpose for which the information is requested and shall designate with reasonable specificity the information desired. The public utility shall comply with such request within the time limit set forth by the consumer advocate unless within ten days following service it requests a hearing on the matter before the public utilities commission and states its reasons therefor. If a hearing is requested, the public utilities commission shall proceed to hold the hearing and make its determination on the request within thirty days after the same is filed. The consumer advocate or the public utility may appeal to the supreme court the decision of the commission on any such request, subject to chapter 602, in the manner provided for civil appeals from the circuit courts. Subject to the foregoing, such requests may ask the public utility to:
(1) Furnish any information with which the consumer advocate may require concerning the condition, operations, practices, or services of the public utility;
(2) Produce and permit the consumer advocate or the consumer advocate's representative to inspect and copy any designated documents (including writings, drawings, graphs, charts, photographs, recordings, and other data compilations from which information can be obtained), or to inspect and copy, test, or sample any designated tangible thing which is in the possession, custody, or control of the public utility; or
(3) Permit entry upon land or other property in the possession or control of the utility for the purpose of inspection and measuring, surveying, photographing, testing, or sampling the property or any designated object thereon."
SECTION 26. Section 271-27, Hawaii Revised Statutes, is amended by amending subsection (j) to read as follows:
"(j) In addition to any other remedy available, the commission or its enforcement officer, including a motor vehicle safety officer employed and assigned by the department of transportation pursuant to section 271-38, may issue citations to persons acting in the capacity of or engaging in the business of a motor carrier within this State, without having a certificate of public convenience and necessity or other authority previously obtained under and in compliance with this chapter and rules adopted, or to any shipper or consignee located in this State, or any officer, employee, agent, or representative thereof who engages the services of those persons.
(1) The citation may contain an order of abatement and an assessment of civil penalties as provided in subsection (h). All penalties collected under this subsection shall be deposited in the treasury of the State. Service of a citation issued under this subsection shall be made by personal service whenever possible or by certified mail, restricted delivery, sent to the last known business or residence address of the person cited.
(2) Any person served with a citation under this subsection may submit a written request to the commission for a hearing within twenty days from the receipt of the citation, with respect to the violations alleged, the scope of the order of abatement, and the amount of civil penalties assessed. If the person cited under this subsection notifies the commission of the request for a hearing in time, the commission shall afford the person an opportunity for a hearing under chapter 91. The hearing shall be conducted by the commission, or the commission may designate a hearings officer to hold the hearing.
(3) If the person cited under this subsection does not submit a written request to the commission for a hearing in time, the citation shall be deemed a final order of the commission. The commission may apply to the appropriate court for a judgment to enforce the provisions of any final order issued by the commission or designated hearings officer pursuant to this subsection, including the provisions for abatement and civil penalties imposed. In any proceeding to enforce the final order, the commission need only produce a certified copy of the final order and show that the notice was given and that a hearing was held or the time granted for requesting the hearing has run without a request.
(4) If any party is
aggrieved by the decision of the commission or the designated hearings officer,
the party may appeal[,] to the supreme court, subject to chapter
602, in the manner provided for civil appeals from the circuit courts; provided
that the operation of an abatement order shall not be stayed on appeal unless
specifically ordered by a court of competent jurisdiction after applying the
stay criteria enumerated in section 91-14(c).
The sanctions and disposition authorized under this subsection shall be
separate and in addition to all other remedies either civil or criminal
provided by law.
The commission may adopt any rules under chapter 91 that may be necessary to fully effectuate this subsection."
SECTION 27. Section 271-32, Hawaii Revised Statutes, is amended by amending subsection (e) to read as follows:
"(e) An appeal shall lie[,] to the
supreme court, subject to chapter 602, from every order made by the
commission that is final, or if preliminary, is of the nature defined by
section 91-14(a), in the manner provided for civil appeals from the circuit
court; provided the order is made after reconsideration or rehearing or is the
subject of a motion for reconsideration or rehearing, which the commission has
denied. An appeal shall lie[,] to
the supreme court, subject to chapter 602, in the manner provided for civil
appeals from the circuit courts, only by a person aggrieved in the contested
case hearing provided for in this section."
SECTION 28. Section 271-33, Hawaii Revised Statutes, is amended to read as follows:
"§271-33 Appeals.
From the order made on an application for reconsideration or rehearing
by the public utilities commission under this chapter, an appeal shall lie[,]
to the supreme court, subject to chapter 602, in the manner and within
the time provided for civil appeals from the circuit courts and by the rules of
court; provided that the order is final, or if preliminary, is of the nature
defined by section 91-14(a). The appeal,
of itself, shall not stay the operation of the order appealed from, but the
court may stay the same after a hearing upon a motion therefor and may impose
such conditions as it may deem proper as to giving a bond and keeping the
necessary accounts or otherwise to secure a restitution of the excess charges,
if any, made during the pendency of the appeal, in case the order appealed from
is sustained, reversed, or modified in whole or in part."
SECTION 29. Section 271G-19, Hawaii Revised Statutes, is amended by amending subsection (e) to read as follows:
"(e) In addition to any other remedy available, the commission or its enforcement officer may issue citations to persons acting in the capacity of or engaging in the business of a water carrier within the State, without having a certificate of public convenience and necessity or other authority previously obtained under and in compliance with this chapter and the rules adopted thereunder.
(1) The citation may contain an order of abatement and an assessment of civil penalties of not less than $100, nor more than $500 for each such offense, and, in the case of a continuing violation, not less than $200 nor more than $500 for each day that uncertified activity continues. All penalties collected under this subsection shall be deposited in the treasury of the State. Service of a citation issued under this subsection shall be made by personal service whenever possible, or by certified mail, restricted delivery, sent to the last known business or residence address of the person cited.
(2) Any person served with a citation under this subsection may submit a written request to the commission for a hearing, within twenty days from the receipt of the citation, with respect to the violations alleged, the scope of the order of abatement and the amount of civil penalties assessed. If the person cited under this subsection timely notifies the commission of the request for a hearing, the commission shall afford an opportunity for a hearing under chapter 91. The hearing shall be conducted by the commission or the commission may designate a hearings officer to hold the hearing.
(3) If the person cited under this subsection does not submit a written request to the commission for a hearing within twenty days from the receipt of the citation, the citation shall be deemed a final order of the commission. The commission may apply to the appropriate court for a judgment to enforce the provisions of any final order, issued by the commission or designated hearings officer pursuant to this subsection, including the provisions for abatement and civil penalties imposed. In any proceeding to enforce the provisions of the final order of the commission or designated hearings officer, the commission need only show that the notice was given, a hearing was held or the time granted for requesting the hearing has run without such a request, and a certified copy of the final order of the commission or designated hearings officer.
(4) If any party is
aggrieved by the decision of the commission or the designated hearings officer,
the party may appeal[,] to the supreme court, subject to chapter
602, in the manner provided for civil appeals from the circuit courts; provided
that the operation of an abatement order shall not be stayed on appeal unless
specifically ordered by a court of competent jurisdiction after applying the
stay criteria enumerated in section 91-14(c).
The sanctions and disposition authorized under this subsection shall be
separate and in addition to all other remedies, either civil or criminal,
provided in any other applicable statutory provision.
The commission may adopt rules under chapter 91 as may be necessary to fully effectuate this subsection."
SECTION 30. Section 271G-24, Hawaii Revised Statutes, is amended to read as follows:
"§271G-24 Appeals.
From an order of the public utilities commission under this chapter, an
appeal shall lie[,] to the supreme court, subject to chapter 602,
in the manner provided for civil appeals from the circuit courts and by the
rules of court; provided that the order is final, or if preliminary, is of the
nature defined by section 91-14(a). The
appeal, of itself, shall not stay the operation of the order appealed from, but
the court may stay the same after a hearing upon a motion therefor and may
impose such conditions as it may deem proper as to giving a bond and keeping
the necessary accounts or otherwise to secure a restitution of the excess
charges, if any, made during the pendency of the appeal, in case the order
appealed from is sustained, revised, or modified in whole or in part."
SECTION 31. Section 281-92, Hawaii Revised Statutes, is amended to read as follows:
"§281-92 Appeals.
Any licensee aggrieved by any order assessing or providing for the
collection of a penalty, or by any order suspending or revoking any license,
may appeal therefrom in the manner provided in chapter 91 to the circuit court
of the circuit in which the liquor commission or liquor control adjudication
board making the order has jurisdiction and the judgment of the court shall be
subject to review[,] by the supreme court, subject to chapter
602, in the manner provided for civil appeals from the circuit courts."
SECTION 32. Section 286-60, Hawaii Revised Statutes, is amended to read as follows:
"§286-60 Rules of procedure; costs; appeal.
The supreme court may prescribe rules of procedure relating to the
appeals and hearings before the district courts. An appeal shall lie from the judgment or
order of the district court to the [intermediate appellate] supreme
court, subject to chapter 602. The rules
shall provide for informal procedure and for minimizing expense and delay to
litigants therein. The costs upon such
appeal to the district court shall be $1, which may be waived by the court for
good cause shown. No costs shall be
chargeable against the county director of finance."
SECTION 33. Section 356D-96, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:
"(b) Except as otherwise provided in this section,
proceedings for review shall be instituted in the circuit court within thirty
days after the preliminary ruling or within thirty days after service of the
certified copy of the final decision and order of the authority pursuant to the
rules of court, except where a statute provides for a direct appeal to the [intermediate
appellate] supreme court. In
such cases, the appeal shall be treated in the same manner as an appeal from
the circuit court[,] to the supreme court, including payment of
the fee prescribed by section 607‑5 for filing the notice of appeal. The court in its discretion may permit other
interested persons to intervene."
SECTION 34. Section 356D-97, Hawaii Revised Statutes, is amended to read as follows:
"§356D-97 Appeals. An aggrieved
party may secure a review of any final judgment of the circuit court under this
part by appeal to the [appellate courts,] supreme court, subject
to chapter 602. The appeal shall be
taken in the manner provided in the rules of court."
SECTION 35. Section 377-9, Hawaii Revised Statutes, is amended by amending subsection (j) to read as follows:
"(j) Any party may appeal from the judgment of a
circuit court entered under this chapter[,] to the supreme court,
subject to chapter 602, in the manner provided for civil appeals from the
circuit courts."
SECTION 36. Section 380-10, Hawaii Revised Statutes, is amended to read as follows:
"§380-10 Appeal.
Whenever any court of the State issues or denies any temporary
injunction in a case involving or growing out of a labor dispute, an appeal
shall lie as of right[,] to the supreme court, subject to chapter
602, in the manner provided for civil appeals from the circuit courts,
notwithstanding any provision of section 641-1.
The appeal shall be heard and the temporary injunctive order affirmed,
modified, or set aside with the greatest possible expedition, giving the
proceedings precedence over all other matters of the same character."
SECTION 37. Section 383-41, Hawaii Revised Statutes, is amended to read as follows:
"§383-41 Judicial review. The director of labor and industrial
relations or any party to the proceedings before the referee may obtain
judicial review of the decision of the referee in the manner provided in
chapter 91, by instituting proceedings in the circuit court of the circuit in
which the claimant resides or in which the claimant was last employed. In any such court proceedings, every other
party to the proceeding before the referee shall be made a party respondent. The director shall be deemed to be a party to
any such proceeding. The proceedings
shall be heard in a summary manner and shall be given precedence over all other
civil cases except proceedings arising under the workers' compensation law of
the State. Proceedings for review by the
[intermediate appellate] supreme court may be taken and had in
the same manner as is provided for a review of a judgment of a circuit
court. No bond shall be required as a
condition of initiating a proceeding for judicial review or initiating
proceedings for review by the [intermediate appellate] supreme
court. Upon the final termination of any
judicial proceeding, the referee shall enter an order in accordance with the
mandate of the court."
SECTION 38. Section 383-69, Hawaii Revised Statutes, is amended to read as follows:
"§383-69 Procedure for rate determination. The department of labor and industrial
relations, as soon as is reasonably possible in each period, shall make its
classification of employers for the period and notify each employer of the
employer's rate of contributions for the period as determined pursuant to
sections 383-63 to 383-69. The
determination shall become conclusive and binding upon the employer unless the
employer appeals the determination by filing a written notice of appeal within
fifteen days after the mailing of notice of the determination to the employer's
last known address. The appeal shall be
heard by the referee in accordance with applicable provisions of sections
383-38 and 383-39 but no employer shall have standing, in any proceeding
involving the employer's rate of contributions or contribution liability, to
contest the chargeability to the employer's account of any benefits paid in
accordance with a determination, redetermination, or decision pursuant to
sections 383-31 to 383-43; provided that the services on the basis of which the
benefits were found to be chargeable did not constitute services performed in
employment for the employer and only if the employer was not a party to the
determination, redetermination, or decision, or to any other proceedings under
this chapter in which the character of the services was determined. The referee's determination shall become
final unless a proceeding for judicial review in the manner provided in chapter
91 is commenced in the circuit court of the judicial circuit in which the
employer resides or has the employer's principal place of business or in the
circuit court of the first judicial circuit.
An appeal may be taken from the decision of the circuit court to the [intermediate
appellate] supreme court, subject to chapter 602."
SECTION 39. Section 383-76, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:
"(b) The applicant shall be promptly notified of
the action of the department upon any application for adjustment or refund
pursuant to subsection (a) [of this section]. In case any such application is denied in
whole or in part, the applicant, within thirty days after the date of mailing
of notice of the action to the applicant's last known address, or in the
absence of such mailing within thirty days after the delivery of the notice to
the applicant, may appeal from such denial to the circuit court of the judicial
circuit wherein is the principal place of business of the applicant or the
circuit court of the first judicial circuit.
The department shall be the party respondent to any such judicial
proceedings. The procedure in the trial
before the circuit court shall be in accordance with the procedure applicable
to actions under section 40-35.
Proceedings for review by the [intermediate appellate] supreme
court may be taken and had, subject to chapter 602, in the same manner, but not
inconsistent with this chapter, as is provided in civil actions. In case the final determination in any such
judicial proceedings shall be in favor of the employing unit, in whole or in
part, any amount determined by such final judgment to have been erroneously
paid shall be adjusted or refunded, without interest and without the addition
of any other charges, in the same manner as other adjustments or refunds under
this chapter."
SECTION 40. Section 386-73, Hawaii Revised Statutes, is amended to read as follows:
"§386-73 Original jurisdiction over controversies. Unless otherwise provided, the director of
labor and industrial relations shall have original jurisdiction over all
controversies and disputes arising under this chapter. The decisions of the director shall be
enforceable by the circuit court as provided in section 386-91. There shall be a right of appeal from the
decisions of the director to the appellate board and thence to the [intermediate
appellate] supreme court, subject to chapter 602, as provided in
sections 386-87 and 386‑88, but in no case shall an appeal operate as a
supersedeas or stay unless the appellate board or the [appellate] supreme
court so orders."
SECTION 41. Section 386-73.5, Hawaii Revised Statutes, is amended to read as follows:
"§386-73.5 Proceedings to determine employment and coverage.
The director of labor and industrial
relations shall have original jurisdiction over all controversies and disputes
over employment and coverage under this chapter. Except in cases where services are
specifically and expressly excluded from "employment" under section
386-1, it shall be presumed that coverage applies unless the party seeking
exclusion is able to establish under both the control test and the relative
nature of the work test that coverage is not appropriate under this chapter. There shall be a right of appeal from
decisions of the director to the appellate board and thence to the [intermediate
appellate] supreme court, subject to chapter 602."
SECTION 42. Section 386-88, Hawaii Revised Statutes, is amended to read as follows:
"§386-88 Judicial review. The decision or order of the appellate board
shall be final and conclusive, except as provided in section 386-89, unless
within thirty days after mailing of a certified copy of the decision or order,
the director or any other party appeals to the [intermediate appellate] supreme
court, subject to chapter 602, by filing a written notice of appeal with the
appellate board, or by electronically filing a notice of appeal in accordance
with the Hawaii rules of appellate procedure.
A fee in the amount prescribed by section 607-5 for filing a notice of
appeal from a circuit court shall be paid to the appellate board for filing the
notice of appeal from the board, which together with the appellate court costs
shall be deemed costs of the appellate court proceeding. The appeal shall be on the record, and the
court shall review the appellate board's decision on matters of law only. No new evidence shall be introduced in the
appellate court, except that if evidence is offered that is clearly newly
discovered evidence and material to the just decision of the appeal, the court
may admit the evidence."
SECTION 43. Section 386-93, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:
"(b) If an employer appeals a decision of the
director or appellate board, the costs of the proceedings of the appellate
board or the [appellate] supreme court, together with reasonable
attorney's fees, shall be assessed against the employer if the employer loses;
provided that if an employer or an insurance carrier, other than the employer
who appealed, is held liable for compensation, the costs of the proceedings of
the appellate board or the [appellate] supreme court, together
with reasonable attorney's fees, shall be assessed against the party held
liable for the compensation."
SECTION 44. Section 392-21.5, Hawaii Revised Statutes, is amended to read as follows:
"§392-21.5 Proceedings to determine employment and
coverage. The director of labor and
industrial relations shall have original jurisdiction over all controversies
and disputes over employment and coverage under this chapter. Except in cases where services are
specifically and expressly excluded from "employment" under section
392-5, it shall be presumed that coverage applies unless the party seeking
exclusion is able to establish under both the control test and the relative
nature of the work test that coverage is not appropriate under this
chapter. There shall be a right of
appeal from decisions of the director to the circuit court and thence to the [intermediate
appellate] supreme court, subject to chapter 602."
SECTION 45. Section 392-75, Hawaii Revised Statutes, is amended to read as follows:
"§392-75 Judicial review. Any party or the director may obtain judicial
review of the decision of the referee in the manner provided in chapter 91, by
instituting proceedings in the circuit court of the circuit in which the
claimant resides or in which the claimant was last employed. The proceedings shall be heard in a summary
manner and shall be given precedence over all other civil cases except
proceedings arising under the Employment Security Law and the Workers'
Compensation Law of the State.
Proceedings for review by the [intermediate appellate] supreme
court, subject to chapter 602, may be taken and had in the same manner as is
provided for a review of a judgment of a circuit court. No bond shall be required as a condition of
initiating a proceeding for judicial review or initiating proceedings for
review by the [intermediate appellate] supreme court. Upon the final termination of any judicial
proceeding, the referee shall enter an order in accordance with the mandate of
the court."
SECTION 46. Section 412:2-501, Hawaii Revised Statutes, is amended by amending subsection (c) to read as follows:
"(c) An order by the circuit court made pursuant
to this section may be appealed to the [intermediate appellate] supreme
court, subject to chapter 602, but no stay of the order shall be granted
pending such appeal."
SECTION 47. Section 431:14-118, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:
"(b) Any final order or decision of the
commissioner may be reviewed in the circuit court of the first circuit, and an
appeal from the decision of the court shall lie to the [intermediate
appellate] supreme court, subject to chapter 602. The review shall be taken and had in the
manner provided in chapter 91."
SECTION 48. Section 482-9, Hawaii Revised Statutes, is amended to read as follows:
"§482-9 Appeal.
Any person aggrieved by any action of the director under this
chapter in issuing or revoking a certificate of registration of a trade name or
in denying an application, within thirty days after the action by the director,
or if no order has been entered either granting or denying the application
within four months after the filing of the application, may commence
proceedings to obtain judicial review thereof by the circuit court of the first
circuit by filing in the court a notice of appeal. Proceedings for review by the [intermediate
appellate] supreme court, subject to chapter 602, may be had and
taken in the same manner as is provided for a review of a judgment of a circuit
court."
SECTION 49. Section 571-54, Hawaii Revised Statutes, is amended to read as follows:
"§571-54 Appeal.
(a) An interested party,
aggrieved by any order or decree of the court, may appeal to the [intermediate
appellate] supreme court for review of questions of law and fact
upon the same terms and conditions as in other cases in the circuit court, and
review shall be governed by chapter 602, except as hereinafter provided. Where the decree or order affects the custody
of a child or minor, the appeal shall be heard at the earliest practicable
time. In cases under section 571-11, the
record on appeal shall be given a fictitious title, to safeguard against
publication of the names of the children or minors involved.
(b) The stay of enforcement of an order or decree, or the pendency of an appeal, shall not suspend the order or decree of the court regarding a child or minor, or discharge the child or minor from the custody of the court or of the person, institution, or agency to whose care the child or minor has been committed, unless otherwise ordered by the family court or by the supreme or intermediate appellate court after an appeal is taken. Pending final disposition of the case, the family court or the supreme or intermediate appellate court, after the appeal is taken, may make such order for temporary custody as is appropriate in the circumstances. If the supreme or intermediate appellate court does not dismiss the proceedings and discharge the child or minor, it shall affirm or modify the order of the family court and remand the child or minor to the jurisdiction of the court for disposition not inconsistent with the supreme or intermediate appellate court's finding on the appeal.
(c) An order or decree entered in a proceeding based upon section 571-11(1), (2), or (6) shall be subject to appeal to the supreme court only as follows:
Within twenty days from the date of
the entry of any such order or decree, any party directly affected thereby may
file a motion for a reconsideration of the facts involved. The motion and any supporting affidavit shall
set forth the grounds on which a reconsideration is requested and shall be
sworn to by the movant or the movant's representative. The judge shall hold a hearing on the motion,
affording to all parties concerned the full right of representation by counsel
and presentation of relevant evidence.
The findings of the judge upon the hearing of the motion and the judge's
determination and disposition of the case thereafter, and any decision,
judgment, order, or decree affecting the child and entered as a result of the
hearing on the motion, shall be set forth in writing and signed by the
judge. Any party aggrieved by any such
findings, judgment, order, or decree shall have the right to appeal therefrom
to the [intermediate appellate] supreme court, upon the same
terms and conditions as in other cases in the circuit court, and review shall
be governed by chapter 602; provided that no such motion for reconsideration
shall operate as a stay of any such findings, judgment, order, or decree unless
the judge of the family court so orders; and provided further that no
informality or technical irregularity in the proceedings prior to the hearing
on the motion for reconsideration shall constitute grounds for the reversal of
any such findings, judgment, order, or decree by the [appellate] supreme
court."
SECTION 50. Section 602-5, Hawaii Revised Statutes, is amended to read as follows:
"§602-5 Jurisdiction and powers; filing. (a) The supreme court shall have jurisdiction and powers as follows:
(1) To hear and
determine all questions of law, or of mixed law and fact, which are properly
brought before it [by application for a writ of certiorari to the
intermediate appellate court or by transfer as provided in this chapter;] on
any appeal allowed by law from any other court or agency;
(2) To answer, in its discretion, any question of law reserved by a circuit court, the land court, or the tax appeal court, or any question or proposition of law certified to it by a federal district or appellate court if the supreme court shall so provide by rule;
(3) To entertain,
in its discretion, any case submitted without suit when there is a question
which might be the subject of a civil action or proceeding in the supreme
court, circuit court, or tax appeal court, and the parties agree upon a case
containing the facts upon which the controversy depends;
[(3)] (4) To exercise original jurisdiction in
all questions arising under writs directed to courts of inferior jurisdiction
and returnable before the supreme court, or if the supreme court consents to
receive the case arising under writs of mandamus directed to public officers to
compel them to fulfill the duties of their offices; and such other original
jurisdiction as may be expressly conferred by law;
[(4)] (5) To issue writs of habeas corpus, or
orders to show cause as provided by chapter 660, returnable before the supreme
court or a circuit court, and any justice may issue writs of habeas corpus or
such orders to show cause, returnable as above stated;
[(5)] (6) To make or issue any order or writ
necessary or appropriate in aid of its jurisdiction, and in such case, any
justice may issue a writ or an order to show cause returnable before the
supreme court; and
[(6)] (7) To make and award such judgments,
decrees, orders and mandates, issue such executions and other processes, and do
such other acts and take such other steps as may be necessary to carry into
full effect the powers which are or shall be given to it by law or for the
promotion of justice in matters pending before it.
(b)
All cases addressed to the jurisdiction of the supreme court or of the
intermediate appellate court shall be filed with the clerk of the supreme court
as provided by the rules of court. The [clerk
shall maintain the record of each case whether addressed to the jurisdiction of
the supreme court or the jurisdiction of the intermediate appellate court.]
chief justice or the chief justice's designee from any of the associate
justices or the intermediate appellate judges shall receive each case and shall
assign the case either to the intermediate appellate court or to the supreme
court within twenty days of the filing deadline for the last document
permissible to be filed in the case pursuant to the rules of court.
(c) The supreme court may order the immediate reassignment of a case to itself after its assignment to the intermediate appellate court whenever the supreme court in its discretion deems that the case concerns an issue of imperative or of fundamental public importance."
SECTION 51. Section 602-57, Hawaii Revised Statutes, is amended to read as follows:
"§602-57 Jurisdiction. [Notwithstanding any other law to the
contrary, the] The intermediate appellate court shall have concurrent
jurisdiction[, subject to transfer as provided in section 602-58 or review
on application for a writ of certiorari as provided in section 602-59:
(1) To hear and
determine appeals from any court or agency when appeals are allowed by law;
(2) To entertain,
in its discretion, any case submitted without suit when there is a question of
law that could be the subject of a civil action or proceeding in the circuit
court, or tax appeal court, and the parties agree upon the facts upon which the
controversy depends; and
(3) To make or
issue any order or writ necessary or appropriate in the aid of its
jurisdiction, and in such case, any judge may issue a writ or an order to show
cause returnable before the court.]
with the supreme court on all matters set out in section 602‑5(a)(1) through (7), subject to assignment or reassignment of cases set out in section 602-5(b) and (c)."
SECTION 52. Section 641-1, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
"(a) Appeals shall be allowed in civil matters
from all final judgments, orders, or decrees of circuit and district courts and
the land court to the supreme court or to the intermediate appellate
court, except as otherwise provided by law and subject to [chapter
602.] the authority of the intermediate appellate court to certify
reassignment of a matter directly to the supreme court and subject to the
authority of the supreme court to reassign a matter to itself from the
intermediate appellate court."
SECTION 53. Section 641-2, Hawaii Revised Statutes, is amended to read as follows:
"§641-2 Review on and disposition of appeal. [[](a)[]] In case of appeal to the supreme court
from a judgment, order, or decree of a circuit or district court or the land
court, in a civil matter, the [appellate] supreme court shall
have power to review, reverse, affirm, amend, or modify such judgment, order,
or decree, in whole or in part, as to any or all of the parties. It may enter an amended or modified judgment,
order, or decree, or may remand the case to the trial court for the entry of
the same or for other or further proceedings, as in its opinion the facts and
law warrant. Any judgment, order, or
decree entered by the [appellate] supreme court may be enforced
by it or remitted for enforcement by the trial court.
[[](b)[]] Every appeal shall be taken on the record,
and no new evidence shall be introduced in the supreme court. The [appellate] supreme court
may correct any error appearing on the record, but need not consider a point
that was not presented in the trial court in an appropriate manner. No judgment, order, or decree shall be
reversed, amended, or modified for any error or defect, unless the court is of
the opinion that it has injuriously affected the substantial rights of the
appellant."
SECTION 54. Section 641-11, Hawaii Revised Statutes, is amended to read as follows:
"§641-11 From circuit courts. Any party aggrieved by the judgment of a
circuit court in a criminal matter may appeal to the [intermediate appellate]
supreme court, subject to chapter 602, in the manner and within the time
provided by the rules of court. The
sentence of the court in a criminal case shall be the judgment. All appeals shall be filed with the clerk of
the supreme court and shall be subject to one filing fee."
SECTION 55. Section 641-12, Hawaii Revised Statutes, is amended to read as follows:
"§641-12 From district courts. [[](a)[]] Appeals upon the record shall be allowed from
all final decisions and final judgments of district courts in all criminal
matters. Such appeals may be made to the
[intermediate appellate] supreme court, subject to chapter 602,
whenever the party appealing shall file notice of the party's appeal within
thirty days, or such other time as may be provided by the rules of the court.
[[](b)[]] Within a reasonable time after an appeal has
been perfected from a decision of a district court to the [appellate] supreme
court in a criminal matter, it shall be incumbent upon the district court to
make a return thereof, together with all papers and exhibits filed in such
case.
[[](c)[]] It shall be the duty of the respective
clerk of the supreme court or the intermediate appellate court, whichever
has heard the appeal, to transmit within a reasonable time, to the district
court from whose decision the appeal was made, a statement showing the
disposition of the case.
(d) All appeals, whether heard by the intermediate appellate court or the supreme court, shall be filed with the clerk of the supreme court and shall be subject to one filing fee."
SECTION 56. Section 641-13, Hawaii Revised Statutes, is amended to read as follows:
"§641-13 By State in criminal cases. An appeal may be taken by and on behalf of
the State from the district or circuit courts to the [intermediate appellate]
supreme court, subject to chapter 602, in all criminal matters, in the
following instances:
(1) From an order or judgment quashing, setting aside, or sustaining a motion to dismiss any indictment, information, or complaint or any count thereof;
(2) From an order or judgment sustaining a special plea in bar or dismissing the case where the defendant has not been put in jeopardy;
(3) From an order granting a new trial;
(4) From an order arresting judgment;
(5) From a ruling on a question of law adverse to the State, where the defendant was convicted and appeals from the judgment;
(6) From the sentence, on the ground that it is illegal;
(7) From a pretrial order granting a motion for the suppression of evidence, including a confession or admission, or the return of property, in which case the intermediate appellate court, or the supreme court, as the case may be, shall give priority to the appeal and the order shall be stayed pending the outcome of the appeal;
(8) From an order denying a request by the State for protective order for nondisclosure of witness for reason of personal safety under rule 16(e)(4) of the Hawaii rules of penal procedure, in which case the intermediate appellate court, or the supreme court, as the case may be, shall give priority to the appeal and the order shall be stayed pending outcome of the appeal;
(9) From a judgment of acquittal following a jury verdict of guilty; and
(10) From a denial of an application for an order of approval or authorization of the interception of a wire, oral, or electronic communication pursuant to section 803‑44."
SECTION 57. Section 641-17, Hawaii Revised Statutes, is amended to read as follows:
"§641-17 Interlocutory appeals from circuit courts,
criminal matters. Upon application
made within the time provided by the rules of court, an appeal in a criminal
matter may be allowed to a defendant from the circuit court to the [intermediate
appellate] supreme court, subject to chapter 602, from a decision
denying a motion to dismiss or from other interlocutory orders, decisions, or
judgments, whenever the judge in the judge's discretion may think the same
advisable for a more speedy termination of the case. The refusal of the judge to allow an
interlocutory appeal to the appellate court shall not be reviewable by any
other court."
SECTION 58. Section 660-28, Hawaii Revised Statutes, is amended to read as follows:
"§660-28 Bail, etc., before judgment. Except as otherwise provided:
(1) Until judgment is given, the court may remand the party or accept bail for the party's appearance from day to day or may place the party under special care and custody, as circumstances may require; and
(2) After judgment is
given, an order made by the court under paragraph (1) shall be continued in
effect during a stay of enforcement of judgment, unless the trial court[,
the intermediate appellate court,] or the supreme court after taking of the
appeal, terminates the order or makes other provision in the
circumstances."
SECTION 59. Section 664-5, Hawaii Revised Statutes, is amended to read as follows:
"§664-5 No patent on award until boundaries settled. The department of land and natural resources
is forbidden to issue any patent in confirmation of an award by name, made by
the commissioners to quiet land titles, without the boundaries being defined in
such patent, according to the decision of a commissioner of boundaries, or the
[intermediate appellate court, or the] supreme court on appeal."
SECTION 60. Section 664-8, Hawaii Revised Statutes, is amended to read as follows:
"§664-8 Appeal.
Any party aggrieved by the decision of the commissioner of boundaries
may appeal therefrom to the [intermediate appellate] supreme
court, subject to chapter 602, within thirty days from the rendition of the
decision, and within the period shall pay all costs accrued and shall pay or
deposit costs for appeal as provided in sections 607-5, 607-6, and 607-7;
provided that any land owner absent from the State and not represented by an
authorized agent within the State shall have the right of appeal for one year
from the rendition of the decision."
SECTION 61. Section 664-9, Hawaii Revised Statutes, is amended to read as follows:
"§664-9 Record on; new evidence. Whenever any person appeals, the commissioner
of boundaries shall transmit to the clerk of the supreme court a copy of the
record and of the commissioner's decision, together with any exhibits filed and
the bond for costs as in other cases.
The [intermediate appellate court or the] supreme court may
permit the introduction of new evidence that could not with due diligence have
been obtained before, and the court's decision shall be final and
binding."
SECTION 62. Section 664-25, Hawaii Revised Statutes, is amended to read as follows:
"§664-25 Appeal.
Any party aggrieved by the decree of the court may appeal therefrom to
the [intermediate appellate] supreme court, subject to chapter
602, in the manner and within the time provided for civil appeals from the
circuit courts."
SECTION 63. Section 664-36, Hawaii Revised Statutes, is amended to read as follows:
"§664-36 Appeal.
Any party aggrieved by the judgment of the court may appeal therefrom to
the [intermediate appellate] supreme court, subject to chapter
602, in the manner and within the time provided for civil appeals from the
circuit courts."
SECTION 64. Appeals pending in the intermediate appellate court on the effective date of this Act may be transferred to the supreme court as the chief justice, in the chief justice's sole discretion, directs.
SECTION 65. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 66. This Act shall take effect on July 1, 2020, and shall apply to appeals filed on or after the effective date of this Act.
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Report Title:
Courts; Appellate Jurisdiction
Description:
Amends appellate jurisdiction of the supreme court and the intermediate appellate court to conditions as they existed prior to July 1, 2006. Reestablishes criteria for assigning appeals. Reestablishes requirement that most appeals be filed with the supreme court instead of the intermediate appellate court. Takes effect on 7/1/2020.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
