§602-10  [OLD]  REPEALED.  L 1972, c 88,
§2(h).



 



§602-10  Full court; oral argument;
substitute justices.  [L 2004, c 202, §56 amendment repealed June
30, 2010.  L 2006, c 94, §1.]  Parties to a proceeding before the supreme
court shall be entitled to consideration by a full court.  Oral argument shall
be before a full court; provided that in an appropriate case, the court in its
discretion may dispense with oral argument.  In case of a vacancy, or if a
justice of the supreme court is disqualified from sitting in any case pending
before the supreme court, is unable to attend, is absent, is recused, or has
been excused, the vacancy or the place of such justice may be temporarily
filled by a circuit judge designated by the chief justice or by the appointment
of a justice who has retired from the supreme court.  Such retired justice
chosen to serve as substitute justice shall not be actively engaged in the
practice of law.  A retired justice, when sitting as substitute justice, shall
be compensated at a rate of pay of associate justices of the supreme court. 
When necessary, the court may consist of five circuit judges so designated, or
five retired justices so appointed, or any combination of circuit judges and
retired justices.  After oral argument of a case, if a vacancy arises or if for
any other reason a justice is unable to continue on the case, the case may be
decided or disposed of upon the concurrence of any three members of the court
without filling the vacancy or the place of such justice. [L 1892, c 57, §56;
am L 1896, c 12, §1; am L 1903, c 32, §15; am L 1905, c 92, §1; am L 1909, c
14, §1; RL 1925, §2230; RL 1935, §3599; RL 1945, §9610; RL 1955, §214-10; am L
1963, c 193, §61; HRS §602-11; am L 1972, c 88, §2(f); am L 1974, c 146, §1; am
L 1978, c 114, §1; ren L 1979, c 111, pt of §2; am L 2004, c 202, §56]



 



Note



 



  L 2004, c 202, §82 provides:



  "SECTION 82.  Appeals pending in the supreme court as of
the effective date of this Act [July 1, 2006] may be transferred to the
intermediate appellate court or retained at the supreme court as the chief
justice, in the chief justice's sole discretion, directs."



 



Case Notes



 



  Contemplates that some cases may arise in which all five
supreme court justices would recuse themselves.  880 F.2d 116.



  "Cause" in phrase "connection with the said
cause" means issue brought to supreme court, not entire case in lower
court.  9 H. 356; 20 H. 553.  Resignation of justice, though absolute in form,
does not under all circumstances at once vacate office.  12 H. 332.  Duty of
justice to sit unless disqualified or unable to sit for reason specified.  17
H. 393.  See 41 H. 270.



  Vacancy, effect of under prior law.  38 H. 449.



  Petition for rehearing must be acted upon by court as
constituted when case was decided, if all members thereof are available.  45 H.
440, 369 P.2d 114.  But change in court no bar to grant of rehearing.  50 H.
40, 429 P.2d 829.



  When no disinterested substitutes can be designated, doctrine
of necessity allows interested judges to participate in the case.  57 H. 348,
555 P.2d 1329.