Haw. Rev. Stat. § 80

Current through the 2024 Legislative Session
Section 80 - Appointment, removal, tenure, and salaries of officers

The President shall nominate and, by and with the advice and consent of the Senate, appoint the chief justice and justices of the supreme court, who shall hold office for the term of seven years unless sooner removed by the President, and the judges of the circuit courts who shall hold office for the term of six years, unless sooner removed by the President; and the governor shall nominate and, by and with the advice and consent of the senate of the Territory of Hawaii, appoint the attorney-general, treasurer, commissioner of public lands, commissioner of agriculture and forestry, superintendent of public works, superintendent of public instruction, auditor, deputy auditor, surveyor, high sheriff, members of the board of health, commissioners of public instruction, board of prison inspectors, board of registration and inspectors of election, and any other boards of a public character that may be created by law, except for the board of trustee of the employees' retirement system; and he may make such appointments when the senate is not in session by granting commissions, which shall, unless such appointments are confirmed, expire at the end of the next session of the senate. He may, by and with the advice and consent of the senate of the Territory of Hawaii, remove from office any of such officers. All such officers shall hold office for four years and until their successors are appointed and qualified, unless sooner removed, except the commissioners of public instruction and the members of said boards, whose term of office shall be as provided by the laws of the Territory of Hawaii.

The manner of appointment of members of the board of trustees of the employees' retirement system shall be as provided for by section 6-61, Revised Laws of Hawaii, 1955.

The manner of appointment and removal and the tenure of all other officers shall be as provided by law; and the governor may appoint or remove any officer whose appointment or removal is not otherwise provided for.

The salaries of all officers other than those appointed by the President shall be as provided by the legislature, but those of the chief justice and the justices of the supreme court and judges of the circuit courts shall not be diminished during their term of office.

All officers appointed under the provisions of this section shall be citizens of the Territory of Hawaii and shall have resided therein for at least three years next preceding their appointment.

All persons holding office in the Hawaiian Islands at the time this Act takes effect shall continue to hold their respective offices until their successors are appointed and qualified, but not beyond the end of the first session of the senate of the Territory of Hawaii unless reappointed as herein provided.

Provided, however, That nothing in this section shall be construed to conflict with the authority and powers conferred by section fifty-six of this Act as herein amended.

HRS § 80

Am March 3, 1905, c 1465, §2, 33 Stat 1035; July 9, 1921, c 42, §312, 42 Stat 119; May 9, 1956, c 237, §1, 70 Stat 130; Aug. 28, 1958, Pub L 85-793, 72 Stat 957

Appointive power, 34 H. 12.

The governor cannot suspend an officer appointable and removable by him with the consent of the senate and whose term of office is four years, unless sooner removed: 15 Hawai'i. 114. A board of medical examiners appointed by the treasurer under the Hawaiian statute and not by the governor with the consent of the senate under this §, was held to be at least a de facto board. 15 H. 273. The validity of an income tax law cannot be attacked by one not affected thereby on the ground that it would effect a diminution of judges' salaries contrary to the provisions of this §: 13 H. 594; 121 Fed. 772. The words "and until their successors are appointed and qualified" apply to officers appointed by the President as well as to those appointed by the governor under this §: 42 C. Cls. R. 54. This § does not invalidate a territorial statute authorizing the chief justice to designate a circuit judge of one circuit to sit in place of a circuit judge of another circuit who is absent, disqualified: 26 H. 557, 290 Fed. 146. This § is controlled by §56, which authorizes the appointment and election of officers of municipal corporations in other ways: 16 H. 779. Salaries of members of supreme court, not taxable: 25 H. 607. But see 307 U.S. 277. Referred to in 14 H. 222, 283; 15 Hawai'i. 298, 366, 367; 16 Hawai'i. 245; 23 Ops. 138. On appointment of members of supreme court, see also §82.