NCJ Number
66252
Journal
Hawaii Bar Journal Volume: 14 Dated: (SUMMER 1978) Pages: 55-65
Date Published
1978
Length
11 pages
Annotation
THREE PROPOSED REMEDIES FOR REDUCING THE APPELLATE COURT CONGESTION IN HAWAII ARE DISCUSSED BY THE CHIEF JUSTICE OF THE STATE SUPREME COURT.
Abstract
THE STATE SUPREME COURT HAS RECENTLY FAILED TO KEEP PACE WITH THE GROWING APPELLATE DOCKET. FACTORS CONTRIBUTING TO THE PROBLEM INCLUDE THE INCREASED POPULATION, THE GREATER NUMBER OF ATTORNEYS ADMITTED TO PRACTICE, EASIER ACCESS TO THE COURTS, AND THE EXPANSION OF THE RIGHTS OF CRIMINAL DEFENDANTS. TOTAL STATE SUPREME COURT FILINGS HAVE INCREASED FROM 411 IN 1970 THROUGH 1971 TO 750 IN 1976 THROUGH 1977. IN CONTRAST TO THE NUMBER OF MATTERS FILED, THE NUMBER OF MATTERS TERMINATED HAS SHOWN ONLY A SLIGHT INCREASE. PROPOSED SOLUTIONS INCLUDE INCREASING THE NUMBER OF STATE SUPREME COURT JUSTICES, ADOPTING A PANEL-SITTING SYSTEM, AND ESTABLISHING AN INTERMEDIATE APPELLATE COURT. ALTHOUGH THE STATE SUPREME COURT HAS INSTITUTED INTERNAL MEASURES TO INCREASE PRODUCTIVITY, SUCH MEASURES WILL NOT PROVIDE AN EFFECTIVE AND PERMANENT SOLUTION. INCREASING THE MEMBERSHIP OF THE STATE SUPREME COURT WILL NOT SUBSTANTIALLY INCREASE CASE RESOLUTIONS, AND ADOPTING THE PANEL SYSTEM WILL DILUTE THE LAW-STATING FUNCTION OF THE STATE SUPREME COURT. THE FORMATION OF AN INTERMEDIATE APPELLATE COURT PRESENTS THE MOST DESIRABLE REMEDY TO SOLVE THE PROBLEMS OF APPELLATE VOLUME. THE PRIMARY ROLE OF THE PROPOSED COURT WOULD BE TO REVIEW AND CORRECT TRIAL ERRORS. THE STATE SUPREME COURT WOULD THEN BE FREED TO CONCENTRATE ON THE DEVELOPMENT AND FORMULATION OF THE COMMON LAW OF THE STATE. FOOTNOTES AND TABLES ARE PROVIDED. (LWM)