§602-5 - Jurisdiction and powers; filing.

§602-5  Jurisdiction and powers; filing. 
[L 2004, c 202, §55 amendment repealed June 30, 2010.  L 2006, c 94,
§1.]  (a)  The supreme court shall have jurisdiction and powers as follows:

(1)  To hear and determine all questions of law, or of
mixed law and fact, which are properly brought before it by application for a
writ of certiorari to the intermediate appellate court or by transfer as
provided in this chapter;

(2)  To answer, in its discretion, any question of law
reserved by a circuit court, the land court, or the tax appeal court, or any
question or proposition of law certified to it by a federal district or
appellate court if the supreme court shall so provide by rule;

(3)  To exercise original jurisdiction in all
questions arising under writs directed to courts of inferior jurisdiction and
returnable before the supreme court, or if the supreme court consents to
receive the case arising under writs of mandamus directed to public officers to
compel them to fulfill the duties of their offices; and such other original
jurisdiction as may be expressly conferred by law;

(4)  To issue writs of habeas corpus, or orders to
show cause as provided by chapter 660, returnable before the supreme court or a
circuit court, and any justice may issue writs of habeas corpus or such orders
to show cause, returnable as above stated;

(5)  To make or issue any order or writ necessary or
appropriate in aid of its jurisdiction, and in such case, any justice may issue
a writ or an order to show cause returnable before the supreme court; and

(6)  To make and award such judgments, decrees, orders
and mandates, issue such executions and other processes, and do such other acts
and take such other steps as may be necessary to carry into full effect the
powers which are or shall be given to it by law or for the promotion of justice
in matters pending before it.

(b)  All cases addressed to the jurisdiction of
the supreme court or of the intermediate appellate court shall be filed with
the clerk of the supreme court as provided by the rules of court.  The clerk
shall maintain the record of each case whether addressed to the jurisdiction of
the supreme court or the jurisdiction of the intermediate appellate court. [L
1892, c 57, §51; RL 1925, §2224; RL 1935, §3593; RL 1945, §9604; RL 1955,
§214-4; HRS §602-5; am L 1972, c 88, §2(b); am L 1979, c 111, pt of §2; gen ch
1985; am L 1986, c 199, §1; am L 2004, c 202, §55]

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."

Rules of Court

  Power of supreme court to preserve status quo or effectiveness
of the judgment subsequently to be entered, see HRCP rule 62(g).

  Certification of questions by federal courts, see HRAP rule
13.

  Questions of law reserved, see HRAP rule 15.

  Writs, see HRAP rule 21.

Law Journals and Reviews

  Judicial Legislation in the Supreme Court of Hawaii:  A Brief Introduction to the "Knowne Uncertaintie" of the Law.  7 HBJ 58.

  Judicial Legislation in the Supreme Court of Hawaii:  A Brief Introduction to the "Felt Necessities of the Time."  8 HBJ 77.

  Contemporary Contempt:  The State of the Law in Hawaii.  I HBJ No. 13, at pg. 59.

  Through the Looking Glass--Finality, Interlocutory Appeals
and the Hawaii Supreme Court's Supervisory Powers.  9 UH L. Rev. 87.

  Reversals of Fortune:  The Hawaii Supreme Court, the Memorandum
Opinion, and the Realignment of Political Power in Post-statehood Hawai`i.  14 UH L. Rev. 17.

Case Notes

Generally.

  The inherent power of the supreme court to make orders
"for the promotion of justice" under paragraph (7) required that
motorist be given an opportunity to challenge the lifetime revocation of
motorist's license where one of the three predicate convictions on which
revocation had been based had been set aside; motorist was thus entitled to
have district court amend motorist's revocation period pursuant to §286-261
upon the presentation of proof that motorist's driving record no longer
supported the revocation period imposed.  94 H. 232, 11 P.3d 457.

  Section 174C-60 is inconsistent with and cannot stand
together with this section and §602-57, as amended by Act 202, L 2004, and was
deemed amended by implication, effective July 1, 2006, to authorize appeals
from the water commission to the intermediate appellate court, not to the
supreme court.  113 H. 52, 147 P.3d 836.

Jurisdiction.

  Where Congress has not expressly set out exclusive
jurisdiction, state courts are competent to decide federal claims.  437 F.
Supp. 368.

  No original jurisdiction to issue a writ of mandamus directed
to individuals, 22 H. 589; nor in election contests, 15 H. 323.  See also 23 H.
387, 407.  That supreme court will not determine moot question, see 23 H. 387,
406; 25 H. 51; 26 H. 173; 32 H. 818; 33 H. 278; 35 H. 565, also note appended
to chapter 641, pt. I A3e.  As to habeas corpus.  26 H. 363.  Question of
jurisdiction of subject matter can be raised for first time on appeal.  36 H.
75.  Lack of jurisdiction cannot be waived or jurisdiction conferred by
agreement of parties.  40 H. 475; 57 H. 133, 552 P.2d 75.

  Court will not generally decide moot questions of law, but
exception is made where questions affect the public interest.  50 H. 379, 441
P.2d 138; 59 H. 244, 580 P.2d 405; 62 H. 391, 616 P.2d 201.

  Supreme court does not have original jurisdiction of writ of
prohibition directed against prosecutors.  51 H. 589, 465 P.2d 549.

  Supreme court has no original jurisdiction to issue mandamus
to an individual.  54 H. 274, 506 P.2d 8.

  Supreme court does not have jurisdiction for an appeal from
interlocutory orders of the district courts in criminal cases.  57 H. 133, 552
P.2d 75.

  Court would not entertain application for writ of prohibition
on grounds not presented in the trial court.  57 H. 284, 554 P.2d 1128.

  Without a special reason appellate court will not exercise
its original jurisdiction in habeas corpus proceedings when relief is available
in a lower court.  57 H. 411, 557 P.2d 787.

  Cited as supporting claim that supreme court has jurisdiction
to determine validity of constitutional amendment procedures.  60 H. 324, 590
P.2d 543.

  Court had jurisdiction over action seeking to enjoin chief
election officer from placing proposed constitutional amendments on election
ballot.  73 H. 536, 836 P.2d 1066.

  Jurisdiction properly lies in supreme court to hear and
determine appeals from district court judgments after an administrative
hearing, pursuant to paragraph (1) and §641-1(a).  75 H. 1, 856 P.2d 1207.

  Where defendant's interlocutory appeal from district court's
denial of defendant's motion to dismiss on double jeopardy grounds did not
satisfy prerequisites of collateral order exception, supreme court did not have
to decide whether exception may apply to appeals from collateral orders of
district court.  82 H. 446, 923 P.2d 388.

  Discussed:  875 F. Supp. 680.

Powers.

  Judgment of territorial supreme court, affirmed by U.S. Court
of Appeals, was binding on supreme court of Hawaii.  441 F. Supp. 559.

  Inherent power to preserve status quo pending appeal.  18 H.
269, 270; 42 H. 192.  Granting of injunction to preserve status quo pending
appeal.  51 H. 480, 463 P.2d 530.

  Supreme court has no power to amend a so-called record of a
district court on appeal.  19 H. 187; cited 24 H. 600, 605.  A motion for such
amendment should be presented to the district court.  19 H. 317; 24 H. 600,
605.

  Applied:  mandamus in aid of appellate jurisdiction.  54 H.
294, 506 P.2d 444.

  Under paragraph (7), in the promotion of justice, supreme
court has power to reduce fines for civil contempt.  55 H. 386, 520 P.2d 422. 
Judgment vacated for promotion of justice.  56 H. 170, 532 P.2d 391.

  Supreme court cannot disregard jurisdictional defects in an
appeal.  57 H. 61, 549 P.2d 477.

  Where circuit court exceeded its authority, writ of
prohibition by supreme court held proper remedy.  57 H. 289, 554 P.2d 1131.

  No cross appeal is necessary for appellate court to review a
question closely related to a question raised on appeal.  57 H. 599, 561 P.2d
1286.

  Prohibition, when granted, res judicata.  59 H. 224, 580 P.2d
49.

  Prohibition, issuance.  59 H. 237, 580 P.2d 58; 67 H. 259,
686 P.2d 16.

  Paragraph (7) cited in directing a different judge to hear a
case on remand.  59 H. 592, 585 P.2d 1259.

  Standard for issuance of mandamus.  64 H. 307, 640 P.2d 289.

  Where chief justice did not have duty to administer oath of
office, mandamus against chief justice did not lie; thus, petition for writ of
mandamus denied.  76 H. 273, 874 P.2d 1098.

  Cited: 76 H. 396, 879 P.2d 501.

  Mentioned:  79 H. 26, 897 P.2d 953.

Counsel fees.

  After an appeal has been perfected the supreme court has
power to require a husband to advance to a wife necessary attorney's fee in
divorce.  25 H. 793, 797.  Section 580-9 applies to the supreme court.  30 H.
61, 65.  Distinguished in 30 H. 80, 90.

  No jurisdiction to award attorneys' fees for services on
appeal in probate case, 43 H. 171, or under a contractual provision, 43 H.
316.  No jurisdiction to award attorney's fees under a contractual provision. 
52 H. 124, 471 P.2d 529.

  Cited:  76 H. 396, 879 P.2d 501.

Support money pending appeal.

  35 H. 382.

Rehearing.

  Principles stated as to circumstances under which a motion
for a rehearing will be granted.  10 H. 338, 345; cited 25 H. 776.  See 33 H.
632; 35 H. 252; 35 H. 349; 40 H. 640; 40 H. 734; 42 H. 352; 44 H. 684, 361 P.2d
383; 47 H. 466, 471, 390 P.2d 737; 48 H. 149, 151, 396 P.2d 826; 49 H. 267,
269, 414 P.2d 428; 49 H. 574, 423 P.2d 437; 50 H. 40, 429 P.2d 829.

  Further hearing granted after decision on point not
previously argued.  10 H. 338.  Question not jurisdictional and not raised by
pleadings or in appellant's specifications of error nor in their brief comes
too late when presented for first time during oral argument.  25 H. 438, 444,
aff'd 269 F. 751.  Rehearing denied on immaterial issue, 28 H. 157; but see
dissent; 28 H. 208; 28 H. 383.  See 33 H. 632; 34 H. 8; 35 H. 349; 35 H. 545;
36 H. 230; 36 H. 710; 49 H. 267, 271, note 4, 414 P.2d 428.