Haw. Rev. Stat. § 81

Current through the 2024 Legislative Session
Section 81

That the judicial power of the Territory shall be vested in one supreme court, circuit courts, and in such inferior courts as the legislature may from time to time establish. And until the legislature shall otherwise provide, the laws of Hawaii heretofore in force concerning the several courts and their jurisdiction and procedure shall continue in force except as herein otherwise provided.

The Organic Act is in the nature of a constitution to the territorial legislature, but it confers on the legislature the power to organize the courts and fix their jurisdiction and the number of the circuit judges, although such judges are appointed by the President and paid by the United States: 23 Ops. 539; 16 H. 667. The circuit courts may be regarded as constitutional courts from the standpoint of the Territory: 14 Hawai'i. 222; 14 Hawai'i. 269. Circuit court not court of the United States within meaning of Norris-La Guardia Act, 37 H. 404. This § did not abrogate the jurisdiction of circuit judges at chambers in equity and probate matters: 16 Hawai'i. 242 (referring also to many other §§ of this act), 197 U.S. 352. Nor does it prevent the legislature from confining original jurisdiction in habeas corpus cases to the supreme court, its justices and circuit judges, to the exclusion of circuit courts as such: 16 Hawai'i. 266; but see HRS c 660 habeas corpus. Several sessions of the same circuit court may be held at the same time and only one judge may preside over each: 16 Hawai'i. 667; 16 H. 747.

Indeterminate sentence law does not infringe on judicial power and discretion: 22 H. 534. The circuit courts were held to have jurisdiction in naturalization cases even before the Naturalization Act of June 29, 1906: 17 H. 296, 299. Local statute that successive disagreements of two juries operates as acquittal, nor applicable to Federal court: 4 U.S.D.C. Haw. 466. Territorial courts have jurisdiction in fornication cases under local laws notwithstanding the Edmunds Act: 19 H. 208 (see also references to 3 U.S.D.C. Haw. 262, 295, 517, in notes to §§5, 6). See §83 and note as to: grand and petty juries; nonliability of circuit judge in damages.

This § was held to continue the jurisdiction of local courts over offenses against local laws on the naval reservation: 19 Hawai'i. 201 (see also 4 U.S.D.C. Haw. 62; 23 H. 63). But by the Act of April 19, 1930, the Hawaii National Park was removed from territorial jurisdiction except for certain purposes therein stated. This Act is set out following the U.S. Constitution. Referred to in 17 H. 430; 18 Hawai'i. 539. A provision for a commission to hear claims against the Territory and render final judgments, is not void on the theory that the legislature cannot create an inferior court of final jurisdiction: 14 H. 489. A board of liquor license commissioners is not a court within the meaning of this §: 18 H. 402; nor is an act void which provides for final decisions of a commission on appeals from magistrates in insanity cases: 19 H. 538.

HRS § 81