Haw. Rev. Stat. § 82
That the supreme court shall consist of a chief justice and two associate justices, who shall be citizens of the Territory of Hawaii and shall be appointed by the President of the United States, by and with the advice and consent of the Senate of the United States, and may be removed by the President: Provided, That any vacancy or vacancies occurring within the court, whether by reason of disqualification, disability, death, resignation, removal, absence from the Territory or inability to attend, or for any other reason, shall, for the hearing and determination of any cause, be temporarily filled as provided by the law of said Territory, and, if there be no such law, then by appointment from among the circuit judges of the Territory by the remaining justices or justice, and if there be no such justice, then by the governor.
HRS § 82
On appointments to supreme court, see §80. On amount of salaries, see §92. Salaries not to be reduced during term of office: §80. On appeals from supreme court, and relations between territorial and federal courts, see notes to §§81 and 86. Retirement of the judges is provided for by the Act of May 31, 1938, c 301, 52 Stat 591, 48 U.S.C.A. §§ 634b, 634c.
Under prior similar constitutional provision as to substitute justice, the court with two substitutes (the statute purporting to permit that), would be at least a de facto court: 15 H. 312; 235 U.S. 342 (reversing 201 Fed. 224, which affirmed 3 U.S.D.C. Haw. 585). Referred to in 16 Hawai'i. 245; 17 H. 408, 430; 23 Ops. 540.
Effect of death of member prior to amendment: 38 H. 449.
See note to §86, appeal and error.