Haw. Rev. Stat. § 84
That no person shall sit as a judge or juror in any case in which his relative by affinity or by consanguinity within the third degree is interested, either as a plaintiff or defendant, or in the issue of which the said judge or juror has, either directly or through such relative, any pecuniary interest; nor shall any person sit as a judge in any case in which he has been of counsel or on an appeal from any decision or judgment rendered by him, and the legislature of the Territory may add other causes of disqualification to those herein enumerated.
HRS § 84
As to other causes of disqualification added by legislature, see HRS § 601-7.
Interest and relationship. A circuit judge may sit in a suit brought by a deputy of his son as assessor in the name of the government, the son being paid a regular salary: 10 H. 5. A justice of the supreme court may sit in a disbarment case, although he and his father-in-law were interested in a corporation, in connection with dealings with which, the attorney, representing other parties, was alleged to have acted unprofessionally: 15 H. 380; 2 U.S.D.C. Haw. 58. A judge is not disqualified by the fact that a relative within the third degree is a shareholder in a corporation which is a party, the judge having no pecuniary interest through such relative: 18 H. 510; 20 H. 617. Wife's interest as life beneficiary of income from stock and judge's contingent interest in income, disqualification: 35 H. 786, 811. Ownership in stock of corporate trustee which might be individually liable, disqualification: 33 H. 565. Relationship by affinity within the third degree to the son of a party, is not disqualification: 20 H. 434; but such relationship to a party, though the party is such merely as trustee, is a disqualification: 20 H. 262; a judge is not disqualified from sitting in a partition suit by a reason of having ordered a fee paid to an attorney out of the fund in court for defending the judge a prohibition case which arose out of the partition case: 22 H. 641; appointment of trustee by majority of justices of supreme court acting as individuals under power in will does not disqualify them from sitting on appeal from decree holding such appointment invalid and appointing a different trustee: 250 Fed. 145, affirming 23 H. 575. Cited in 29 H. 256; 29 H. 438; 29 H. 560; 31 H. 150.
Bias and prejudice; counsel: A justice of supreme court should not sit in a case in which he would have to pass on effect of his own testimony: 10 H. 354; but may sit in a disbarment case although he had several times as circuit judge punished the attorney for contempt: 15 H. 377; 2 U.S.D.C. Haw. 59; for although he had referred the question of unprofessional conduct to the attorney general for investigation and action if necessary: 2 U.S.D.C. Haw. 57. Before this § was amended a judge was held not disqualified by reason of having been of counsel if he had not taken an active part in the case: 17 H. 194; questioned 22 H. 246; or even if he had taken an active part: 17 H. 394, questioned 22 Hawai'i. 246; 18 H. 375, questioned 22 Hawai'i. 246; or by reason of having expressed approval of an act, involved in the case, to a member of a legislative committee when the bill was before it: 17 H. 429.
Under the amendment a judge is not disqualified from sitting in an action of ejectment by reason of having been of counsel in an action for summary possession of the same land: 20 H. 548; nor from ordering a guardian to file an account and inventory by reason of having acted as counsel for the appointment of the guardian: 20 H. 553; and for purposes of disqualification there is no distinction between attorney and counsel: 22 H. 245.
A judge is disqualified by having been a member of a firm which was retained although he took no part in the case and had no knowledge of the issues: 26 H. 406; and likewise in a prohibition proceeding where the firm was retained generally to accomplish a purpose and defended in a mandamus proceeding and later in the prohibition proceeding although the latter was brought after the judge left the firm: 27 H. 62.
Acceptance of retainer to bring divorce proceedings does not disqualify district magistrate from sitting as judge upon trial of criminal offense against libellee not included in grounds for divorce. 27 H. 509, 524. A general employment involving title to land is the same "case" as an equitable action to quiet title to such land: 27 H. 637. See 18 H. 602 (gratuitous advice by judge).
This § was held not to apply to a federal district judge in Hawaii, but was considered argumentatively in support of a ruling that having been of counsel, whether actively or merely nominally, was a disqualification: 4 U.S.D.C. Haw. 4; but a judge so disqualified may act in purely formal matters: Id.
On appeal. A justice of the supreme court may sit on an appeal in a habeas corpus case brought to obtain the release of a prisoner held under sentence pronounced in a criminal case by such justice when he was a circuit judge: 13 H. 570; also in a case with which he has no previous connection, although a question of law is involved which was involved in other distinct cases at the trial of which he had presided when a circuit judge: 13 H. 534; and in a disbarment case, although he had previously as circuit judge passed on the insanity of one alleged to have been taken advantage of by the attorney: 15 Hawai'i. 377; 2 U.S.D.C. Haw. 59. A justice is disqualified from sitting in a case where the validity of an order made by him as circuit judge is attacked: 20 Hawai'i. 617. Formerly under the provision of C.C. 1859, §820, against sitting "alone" on appeal, etc., a justice could sit with the other justices on appeal from himself: 3 H. 30; 9 H. 354; or preside over a jury on appeal from himself: 4 H. 431; but not sit alone, jury waived, on such an appeal: 6 H. 304.
New trial. A circuit judge may sit on a petition for the revocation of the probate of a will admitted to probate by himself: 10 H. 188; or on the second trial of a case in which the jury had disagreed at the first trial: 11 H. 322; or in an equity case remanded to him for evidence on an issue raised by an amendment of the pleadings made after the close of the original hearing: 14 H. 3; or on a motion for a change of venue on the ground that an impartial jury cannot be obtained, after he had ordered a non-suit, which had been set aside by the supreme court: 16 H. 477; or upon a trial of the facts, after sustaining defendant's demurrer, which ruling had been reversed on appeal: 19 H. 197.
Referred to in 217 U.S. 244; 22 H. 576; 16 Hawai'i. 245; 31 H. 920, 928; 37 H. 40; 41 H. 270, 234 P.2d 221.