Bill Text: HI SB2151 | 2010 | Regular Session | Introduced
Bill Title: Appellate Jurisdiction
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed - Dead) 2010-03-03 - (H) Referred to JUD, FIN, referral sheet 33 [SB2151 Detail]
Download: Hawaii-2010-SB2151-Introduced.html
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THE SENATE |
S.B. NO. |
2151 |
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TWENTY-FIFTH LEGISLATURE, 2010 |
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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. Section 11-51, Hawaii Revised Statutes, is amended to read as follows:
"§11-51 Appeal from board. Any
affected person, political party, or any of the county clerks, may appeal [to
the intermediate appellate court,] a decision by a board, subject to
chapter 602[, in the manner provided for civil appeals 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 2. Section 91-14, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:
"(b) Except as otherwise provided herein,
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 agency pursuant to rule
of court, except where a statute provides for a direct appeal to the intermediate
appellate court[,] or the supreme court, subject to chapter 602.
In such cases, the appeal shall be treated in the same manner as an appeal from
the circuit court [to the intermediate appellate court], including
payment of the fee prescribed by section 607-5 for filing the notice of appeal
(except in cases appealed under sections 11-51 and 40-91). The court in its
discretion may permit other interested persons to intervene."
SECTION 3. Section 92F-15, Hawaii Revised Statutes, is amended by amending subsection (f) to read as follows:
"(f) Except as to cases the circuit court considers of greater importance, proceedings before the court, as authorized by this section, and appeals to the supreme court therefrom, take precedence on the docket over all cases and shall be assigned for hearing and trial or for argument at the earliest practicable date and expedited in every way."
SECTION 4. 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 subject to chapter 602 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, 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, 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 5. 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 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 6. 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 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 7. 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,
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 8. Section 602-5, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
"(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]:
(A) Application for a writ of certiorari to the intermediate appellate court or by transfer from the intermediate appellate court as provided in this chapter;
(B) Appeal pursuant to section 11-51, 92F-15(f), 101-32, 101-34, 101-52, 174C-60, or 380-10;
(C) Appeal pursuant to section 641‑11, if the judgment includes a sentence of life imprisonment; or
(D) Appeal of a decision of any court or agency when appeals to the intermediate appellate court or the supreme court are otherwise allowed by law, and the decision:
(i) Invalidates an amendment to the state constitution; or
(ii) Determines a state statute, county ordinance, or agency rule is invalid on the grounds that it was invalidly enacted or is unconstitutional, on its face or as applied, under the constitution of either the State or the United States;
(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 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) 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) 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) 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."
SECTION 9. Section 602-58, Hawaii Revised Statutes, is amended to read as follows:
"§602-58 Application for transfer to
the supreme court. [(a) The supreme court, in the manner and within
the time provided by the rules of court, shall grant an application to transfer
any case within the jurisdiction of the intermediate appellate court to the
supreme court upon the grounds that the case involves:
(1) A question of imperative or fundamental
public importance;
(2) An appeal from a decision of any court
or agency when appeals are allowed by law:
(A) Invalidating an amendment to the
state constitution; or
(B) 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
(3) A sentence of life imprisonment without
the possibility of parole.
(b)] (a) The supreme court, in a
manner and within the time provided by the rules of court, may grant an
application to transfer any case within the jurisdiction of the intermediate
appellate court to the supreme court upon the grounds that the case involves:
(1) A question of imperative or fundamental public importance;
[(1)] (2) A question of first impression
or a novel legal question; or
[(2)] (3) Issues upon which there is an
inconsistency in the decisions of the intermediate appellate court or of the
supreme court.
[(c)] (b) The grant or denial of
an application for transfer under subsection [(b)] (a) shall be
discretionary and shall not be subject to further review. Denial of an
application for transfer under subsection [(b)] (a) shall not
prejudice a later application for a writ of certiorari."
SECTION 10. Section 641-2, Hawaii Revised Statutes, is amended to read as follows:
"§641-2 Review on and disposition of appeal. In case of appeal from a judgment, order, or decree of a circuit or district court or the land court, in a civil matter, the appellate 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 court may be enforced by it or remitted for enforcement by the trial court.
[Every] Unless otherwise provided by
statutes, every appeal shall be taken on the record, and no new evidence
shall be introduced [in the supreme court]. The appellate 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 11. 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, except a judgment that includes a life sentence, may appeal to the intermediate appellate court, subject to chapter 602, in the manner and within the time provided by the rules of court. A judgment that includes a life sentence may be appealed to the supreme 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 12. Section 85 of Act 202, Session Laws of Hawaii 2004, as amended by section 1 of Act 94, Session Laws of Hawaii 2006, is amended to read as follows:
"SECTION 85. This Act shall take effect
upon its approval; provided that sections 1 through 82 shall take effect on
July 1, 2006[, and shall be repealed on June
30, 2010]."
SECTION 13. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 14. This Act shall take effect on June 29, 2010.
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INTRODUCED BY: |
_____________________________ |
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BY REQUEST |
Report Title:
Appellate Jurisdiction
Description:
Expands category of cases directly appealable to Hawaii Supreme Court. Makes discretionary the transfer to supreme court of appeal involving question of imperative or fundamental public importance. Rescinds repeal of Act 202, SLH 2004.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
