Hawaii Increase Time for Senate to Act on Judicial Appointments Amendment (2026)
Hawaii Increase Time for Senate to Act on Judicial Appointments Amendment | |
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Election date |
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Topic State judicial selection and State legislative processes and sessions |
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Status On the ballot |
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Type Legislatively referred constitutional amendment |
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The Hawaii Increase Time for Senate to Act on Judicial Appointments Amendment is on the ballot in Hawaii as a legislatively referred constitutional amendment on November 3, 2026.[1]
A "yes" vote supports increasing the timeframe for the state senate to consider and act on appointments of judges and justices from 30 days to 60 days for appointments made between April 1 and December 31 when the senate is not in regular session or is soon to adjourn the regular session. |
A "no" vote opposes increasing the timeframe for the state senate to consider and act on appointments of judges and justices, thereby maintaining the requirement that the senate act on appointments within 30 days. |
Overview
What would the amendment change about the judicial appointment process in Hawaii?
- See also: Text of measure
The amendment would extend the timeline for the Hawaii State Senate to act on judicial appointments from 30 days to 60 days. This would apply to appointments made between April 1 and December 31 when the senate is not in session or is about to adjourn.[2]
The Hawaii State Legislature is required to convene annually on the third Wednesday in January and meets for 60 legislative days, typically adjourning in early May.
What is the process for judicial appointments in Hawaii?
- See also: Judicial selection in Hawaii
Hawaii uses the assisted appointment method of judicial selection for its state courts, which means the governor appoints state judges from a list of names submitted by the Hawaii Judicial Selection Commission.
The five justices of the Hawaii Supreme Court, seven judges of the Hawaii Intermediate Court of Appeals, and 33 judges of the Hawaii Circuit Courts are appointed by the governor. Judges of the Hawaii District Courts are appointed by the chief justice of the state supreme court. The Hawaii Judicial Selection Commission is responsible for screening candidates and submitting a list to the governor or chief justice. The governor or chief justice must appoint a judge from the commission's list, and the appointee must then be confirmed by the Hawaii State Senate.
If the Senate does not act within 30 days, the appointment is automatically confirmed. If the Senate rejects a nominee, the governor or chief justice has 10 days to choose another person from the list. This process continues until an appointee is confirmed by the Senate. If no appointment is made after all options are exhausted, the commission will make the appointment without Senate approval.
What are the arguments surrounding the amendment?
- See also: Support and Opposition
Sen. Karl Rhoads (D-13), in his report on the Senate Judiciary Committee's findings, said "Judicial appointments have been made throughout the year, including during the interim when the Senate is not in session, requiring the Senate to convene a special session to consider the appointments. Each special session costs approximately $5,000 for airfare and per diem for neighbor island senators, in addition to senator and staff time, and some special sessions address just one or two appointments. Accordingly, this measure will provide flexibility in the scheduling of special sessions and may reduce the number of special sessions by lengthening the period of time allowed for the Senate to consider judicial appointments when the Senate is not in regular session or is about to adjourn the regular session."[2]
Rodney A. Maile, administrative director of the courts, testified on the amendment before the Senate Judiciary Committee. Maile wrote, "The Judiciary takes no position on this measure but offers the following comments. If the constitutional amendment proposed by this measure passes and is approved by voters, it could leave judicial vacancies unfilled for an extended period of time, depending on when a vacancy occurs. We would note that the current process of filling judicial vacancies is already time-intensive, with the posting of notice of the vacancy, application deadlines, candidate interviews, and the determination of qualified applicants in some cases taking more than a year after a vacancy occurs. This proposed change would prolong the period of vacancy for certain appointments thus delaying the onboarding of new justices and judges."[2]
Text of measure
Ballot question
The ballot question is as follows:[2]
“ | Shall the Constitution of the State of Hawaii be amended to allow the Senate more time to consider and act on the appointments of justices and judges, by increasing the timeframe from thirty days to sixty days for appointments made between April 1 and December 31 when the Senate is not in regular session or is about to adjourn the regular session?[3] | ” |
Constitutional changes
- See also: Article VI, Hawaii Constitution
The measure would amend Article VI of the Hawaii Constitution. The following struck-through text would be deleted and underlined text would be added.[2]
Note: Hover over the text and scroll to see the full text.
APPOINTMENT OF JUSTICES AND JUDGES
Section 3. The governor, with the consent of the senate, shall fill a vacancy in the office of the chief justice, supreme court, intermediate appellate court and circuit courts by appointing a person from a list of not less than four, and not more than six nominees for the vacancy presented to the governor by the judicial selection commission.
If the governor fails to make any appointment within thirty days of presentation, or within ten days of the senate's rejection of any previous appointment, the appointment shall be made by the judicial selection commission from the list with the consent of the senate. If the senate fails to reject any appointment within thirty days thereof, or sixty days if the appointment is made between April 1 and December 31, the senate shall be deemed to have consented to that appointment. If the senate rejects any appointment, the governor shall make another appointment from the list within ten days thereof. The same appointment and consent procedure shall be followed until a valid appointment has been made, or failing this, the judicial selection commission shall make the appointment from the list, without senate consent.
The chief justice, with the consent of the senate, shall fill a vacancy in the district courts by appointing a person from a list of not less than four and not more than six nominees for the vacancy presented to the chief justice by the judicial selection commission. If the chief justice fails to make any appointment within thirty days of presentation, or within ten days of the senate's rejection of any previous appointment, the appointment shall be made by the judicial selection commission from the list with the consent of the senate. If the senate fails to reject any appointment within thirty days thereof, or sixty days if the appointment is made between April 1 and December 31, the senate shall be deemed to have consented to that appointment. If the senate rejects any appointment, the chief justice shall make another appointment from the list within ten days thereof. The same appointment and consent procedure shall be followed until a valid appointment has been made, or failing this, the judicial selection commission shall make the appointment from the list, without senate consent. The chief justice shall appoint per diem district court judges as provided by law.
The judicial selection commission shall disclose to the public the list of nominees for each vacancy concurrently with the presentation of each list to the governor or the chief justice, as applicable. [3]
Support
Supporters
Officials
- Sen. Dru Kanuha (D)
- Sen. Michelle Kidani (D)
- Sen. Karl Rhoads (D)
Arguments
Opposition
Arguments
You can share campaign information or arguments, along with source links for this information, at editor@ballotpedia.org.
Campaign finance
If you are aware of a committee registered to support or oppose this measure, please email editor@ballotpedia.org.
Cash Contributions | In-Kind Contributions | Total Contributions | Cash Expenditures | Total Expenditures | |
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Support | $0.00 | $0.00 | $0.00 | $0.00 | $0.00 |
Oppose | $0.00 | $0.00 | $0.00 | $0.00 | $0.00 |
Total | $0.00 | $0.00 | $0.00 | $0.00 | $0.00 |
Background
Judicial selection in Hawaii
- See also: Judicial selection in Hawaii
The five justices of the Hawaii Supreme Court, seven judges of the Hawaii Intermediate Court of Appeals, and 33 judges of the Hawaii Circuit Courts are appointed by the governor. Judges of the Hawaii District Courts are appointed by the chief justice of the state supreme court.
Judges are selected through an assisted appointment method in which a nominating commission reviews the qualifications of judicial candidates and submits a list of names to the appointing authority, who appoints a judge from the list.
The Hawaii Judicial Selection Commission is responsible for screening candidates and submitting a list to the governor or chief justice. The commission is made up of nine members: two appointed by the governor, two appointed by the state Senate president, two appointed by the state House speaker, two appointed by the Hawaii Bar Association, and one appointed by the chief justice of the supreme court.
The governor or chief justice must appoint a judge from the commission's list, and the appointee must then be confirmed by the Hawaii State Senate.
If the Senate does not act within 30 days, the appointment is automatically confirmed. If the Senate rejects a nominee, the governor or chief justice has 10 days to choose another person from the list. This process continues until an appointee is confirmed by the Senate. If no appointment is made after all options are exhausted, the commission will make the appointment without Senate approval.
Justices and judges must be licensed to practice law in Hawaii for at least 10 years (for appellate and circuit courts) or five years (for district courts), and cannot engage in law practice or hold another public office while serving. Justices and judges serve ten-year terms, with district court terms set by law. Reappointment requires a petition to the commission, which determines whether a judge or justice will be retained. To continue to serve on the court, they must receive a majority vote of the selection commission.
The mandatory judicial retirement age in Hawaii is 70.
Selection methods for state supreme court judges
The following map shows selection methods used in each state for state supreme court judges.
The map below highlights selection methods in state supreme courts across the country.
The chart below details selection methods in state supreme courts across the country.
Judicial selection methods in state supreme courts | ||||||
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Partisan election | Nonpartisan election | Gubernatorial appointment | Legislative election | Michigan method | Assisted appointment | |
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Total: 8 states | Total: 13 states | Total: 5 states | Total: 2 states | Total: 1 state | Total: 21 states & D.C. |
Hawaii Judicial Appointments and Confirmations Amendment (2024)
The most recent amendment to Article VI of the Hawaii Constitution, which concerns the state judiciary, was approved by voters in 2024.
The measure amended the state constitution to make the process for judicial appointments made by the chief justice to district courts the same as the process for appointments made by the governor to intermediate appellate court, circuit court, supreme court, and office of the chief justice.
Path to the ballot
Amending the Hawaii Constitution
- See also: Amending the Hawaii Constitution
A two-thirds (66.67%) vote is required during one legislative session or a simple majority vote in two successive legislative sessions for the Hawaii State Legislature to place a constitutional amendment on the ballot. That amounts to a minimum of 35 votes in the Hawaii House of Representatives and 17 votes in the Hawaii State Senate, assuming no vacancies. Amendments do not require the governor's signature to be referred to the ballot.
Senate Bill 121 (2025)
The following is the timeline of the constitutional amendment in the state legislature:[1]
- January 15, 2025: Senate Bill 121 (SB 121) was introduced.
- January 28, 2025: The judiciary committee voted 5-0 recommending the measure be passed.
- February 26, 2025: The ways and means committee voted 13-0 recommending the measure be passed.
- March 4, 2025: The Hawaii State Senate passed SB 121 by a vote of 25-0.
- March 11, 2025: The committee on judiciary and Hawaiian affairs voted 8-2 recommending the measure be passed.
- March 31, 2025: The committee on finance voted 14-0 recommending the measure be passed.
- April 4, 2025: The Hawaii House of Representatives passed SB 121 by a vote of 42-6.
Votes Required to Pass: 17 | |||
Yes | No | NV | |
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Total | 25 | 0 | 0 |
Total % | 100.0% | 0.0% | 0.0% |
Democratic (D) | 22 | 0 | 0 |
Republican (R) | 3 | 0 | 0 |
Votes Required to Pass: 34 | |||
Yes | No | NV | |
---|---|---|---|
Total | 42 | 6 | 2 |
Total % | 84.0% | 12.0% | 4.0% |
Democratic (D) | 40 | 0 | 2 |
Republican (R) | 2 | 6 | 0 |
How to cast a vote
- See also: Voting in Hawaii
See below to learn more about current voter registration rules, identification requirements, and poll times in Hawaii.
See also
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External links
Footnotes
- ↑ 1.0 1.1 Hawaii State Legislature, "SB 121 Overview," accessed March 6, 2025
- ↑ 2.0 2.1 2.2 2.3 2.4 Cite error: Invalid
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- ↑ 3.0 3.1 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source. Cite error: Invalid
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tag; name "quotedisclaimer" defined multiple times with different content - ↑ State of Hawaii - Office of Elections, "Voting in Hawaii," accessed July 19, 2024
- ↑ Hawaii State Legislature, "HB1248," accessed March 21, 2023
- ↑ 6.0 6.1 6.2 6.3 State of Hawaii Office of Elections, "Registration," accessed July 19, 2024
- ↑ 7.0 7.1 7.2 State of Hawaii Office of Elections, "Voter Registration and Permanent Absentee Application," accessed July 19, 2024
- ↑ State of Hawaii Office of Elections, "Hawaii Voter Registration Application," accessed November 1, 2024
- ↑ Under federal law, the national mail voter registration application (a version of which is in use in all states with voter registration systems) requires applicants to indicate that they are U.S. citizens in order to complete an application to vote in state or federal elections, but does not require voters to provide documentary proof of citizenship. According to the U.S. Department of Justice, the application "may require only the minimum amount of information necessary to prevent duplicate voter registrations and permit State officials both to determine the eligibility of the applicant to vote and to administer the voting process."