Hawaii Judicial Appointments and Confirmations Amendment (2024)
| Hawaii Judicial Appointments and Confirmations Amendment | |
|---|---|
 | |
| Election date November 5, 2024 | |
| Topic State judiciary | |
Status Approved | |
| Type Constitutional amendment | Origin State legislature |
The Hawaii Judicial Appointments and Confirmations Amendment was on the ballot in Hawaii as a legislatively referred constitutional amendment on November 5, 2024. It was approved.
A "yes" vote supported changing the process for appointing and confirming district court judges to be the same as that used for supreme court justices and other higher court judges. |
A "no" vote opposed changing the process for appointing and confirming district court judges to be the same as that used for supreme court justices and other higher court judges. |
Election results
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Hawaii Judicial Appointments and Confirmations Amendment |
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| Result | Votes | Percentage | ||
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316,468 | 70.61% | ||
| No | 131,729 | 29.39% | ||
Overview
What did the amendment do?
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.[1]
As of 2024, when a judicial vacancy occurs in intermediate appellate court, circuit court, supreme court, or office of the chief justice, the governor is tasked with filling the vacancy. The governor must choose from a list of between four and six nominees provided by the judicial selection commission. If the governor fails to make an appointment within 30 days of receiving the list or within ten days of the senate rejecting a previous appointment, the appointment is then made by the judicial selection commission with the senate confirmation. The same process applies if the senate fails to reject any appointment within 30 days. If the senate rejects an appointment, the chief justice shall make another appointment within 10 days. If the senate rejects all appointments, the commission can make the appointment from the list without senate confirmation.[1]
Under the amendment, the same process will apply for appointments made by the chief justice to district courts.[1]
What are the requirements to serve as a judge in Hawaii?
- See also: Judicial selection in Hawaii
To serve on a court, a judge must be:[2]
- a U.S. resident and citizen;
- a resident and citizen of the state;
- a practicing attorney in the state for at least ten years; and
- under the age of 70 (retirement by 70 is mandatory retirement).
Justices serve for 10 years after their appointment. To continue to serve on the court, they must receive a majority vote of the selection commission.
How did the amendment get on the ballot?
- See also: Path to the ballot
The Hawaii State Legislature can put a proposed amendment on the ballot upon either a two-thirds (66.67%) majority vote in both chambers of the legislature in the same session or two simple majority votes in both chambers held in two successive sessions. Constitutional amendments must be approved by a majority of the votes cast for the question, as long as the majority also is at least 50% of the total votes cast in the entire election. For measures approved at special elections by a majority of votes cast for the question, the majority must be at least 30% of the total number of registered voters in the state at the time.
This amendment was introduced as Senate Bill 2927 by Democratic Senators Karl Rhoades (D-13), Glenn Wakai (D-15), and Lynn DeCoite (D-7). and was passed in the Senate on February 20, 2024, by a unanimous (25-0) vote. The House passed the amendment on May 1, 2024, by a vote of 48-3. The three no votes in the House came from Republican Representatives.[1]
Text of measure
Ballot question
The ballot question was as follows:[1]
| “ | Shall the Constitution of the State of Hawaii be amended to make the appointment and confirmation process for judicial appointments the same, regardless of whether the appointment is made by the governor or the chief justice?[3] | ” |
Constitutional changes
- See also: Article VI, Hawaii Constitution
The measure added Section 3 of Article VI of the state constitution. The following struck-through text was deleted and underlined text was added.[1]
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, it shall be deemed to have given its consent to such that appointment. If the senate shall reject 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 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 the 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. The senate shall hold a public hearing and vote on each appointment within thirty days of any appointment. If the senate fails to do so, the nomination shall be returned to the commission and the commission shall make the appointment from the list without senate consent. reject any appointment within thirty days thereof, it shall be deemed to have given its consent 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 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]
Readability score
- See also: Ballot measure readability scores, 2024
Using the Flesch-Kincaid Grade Level (FKGL) and Flesch Reading Ease (FRE) formulas, Ballotpedia scored the readability of the ballot title for this measure. Readability scores are designed to indicate the reading difficulty of text. The Flesch-Kincaid formulas account for the number of words, syllables, and sentences in a text; they do not account for the difficulty of the ideas in the text. The state legislature wrote the ballot language for this measure.
The FKGL for the ballot title is grade level 18, and the FRE is 24. The word count for the ballot title is 36.
Support
Supporters
Officials
- State Sen. Karl Rhoads (D)
- State Sen. Glenn Wakai (D)
- State Rep. Lynn DeCoite (D)
Opposition
Ballotpedia did not locate a campaign in opposition to the ballot measure.
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 | |
|---|---|---|---|---|---|
| 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 selected through the assisted appointment method. The Hawaii Judicial Selection Commission is responsible for screening candidates and submitting a shortlist to the governor. 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 must appoint a judge from the commission's shortlist and the appointee must then be confirmed by the Hawaii State Senate.[2]
Justices serve for 10 years after their appointment. To continue to serve on the court, they must receive a majority vote of the selection commission.[2]
Qualifications
To serve on a court, a judge must be:[2]
- a U.S. resident and citizen;
- a resident and citizen of the state;
- a practicing attorney in the state for at least ten years; and
- under the age of 70 (retirement by 70 is mandatory retirement).
Chief justice
In Hawaii, the position of chief justice is a specific seat on the court (similar to the Supreme Court of the United States) rather than a peer-selected leadership position. The chief justice is appointed in the same manner as the other justices on the court.[2]
Vacancies
If a midterm vacancy occurs, the position is filled just as it would be if the vacancy occurred at the end of a justice's term. The governor appoints a successor from a list provided by a nominating commission, and the appointee faces confirmation from the state Senate. Newly appointed justices serve full 10-year terms.[2]
The map below highlights how vacancies are filled in state supreme courts across the country.
Appointments made by chief justice
Family Courts
Judges of the Hawaii Family Courts are each appointed by the chief justice of the state supreme court. To serve on this court, a judge must be a citizen and resident of the state and the U.S. and have five years of experience practicing law in the state. This position has a mandatory retirement age of 70.
District Courts
Judges of the Hawaii District Courts are each appointed by the chief justice of the state supreme court. To serve on this court, a judge must be a citizen and resident of the state and the U.S. and have five years of experience practicing law in the state. This position has a mandatory retirement age of 70.
History
Below is a timeline noting changes to judicial selection methods in Hawaii, from the most recent to the earliest:[4]
- 1979: The Hawaii Supreme Court established a commission on judicial conduct.
- 1978: The Hawaii Intermediate Court of Appeals was created, along with the judicial selection commission. The power to discipline, remove, and retire judges was transferred to the supreme court.
- 1968: Terms of supreme court and circuit court judges was increased to ten years, and legislative removal of judges was abolished.
- 1959: Under Hawaii's original constitution, judges were appointed by the governor with Senate confirmation. Supreme court justices were appointed to seven-year terms and circuit court judges to six-year terms. A mandatory retirement age of 70 was established. Judges were to be removed by a two-thirds vote of each legislative house sitting in joint session or be retired by the governor after inquiry and recommendation by a board.
Path to the ballot
- See also: Amending the Hawaii Constitution
The state process
The Hawaii State Legislature can put a proposed amendment on the ballot upon either a two-thirds (66.67%) majority vote in both chambers of the legislature in the same session or two simple majority votes in both chambers held in two successive sessions. Constitutional amendments must be approved by a majority of the votes cast for the question, as long as the majority also is at least 50% of the total votes cast in the entire election. For measures approved at special elections by a majority of votes cast for the question, the majority must be at least 30% of the total number of registered voters in the state at the time.
2024 legislative session
This amendment was introduced as Senate Bill 2927 and was passed in the Senate on February 20, 2024, by a unanimous (25-0) vote. The House passed the amendment on May 1, 2024, by a vote of 48-3.[1]
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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
External links
Footnotes
- ↑ 1.0 1.1 1.2 1.3 1.4 1.5 1.6 Hawaii Legislature, "Senate Bill 2927 (2024)," accessed February 28, 2024
- ↑ 2.0 2.1 2.2 2.3 2.4 2.5 American Judicature Society, "Methods of Judicial Selection: Hawaii," accessed September 14, 2021
- ↑ 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
<ref>tag; name "quotedisclaimer" defined multiple times with different content - ↑ American Judicature Society, "History of Reform Efforts: Hawaii," accessed September 14, 2021
- ↑ State of Hawaii - Office of Elections, "Voting in Hawaii," accessed July 19, 2024
- ↑ Hawaii State Legislature, "HB1248," accessed March 21, 2023
- ↑ 7.0 7.1 7.2 7.3 State of Hawaii Office of Elections, "Registration," accessed July 19, 2024
- ↑ 8.0 8.1 8.2 State of Hawaii Office of Elections, "Voter Registration and Permanent Absentee Application," accessed July 19, 2024 Cite error: Invalid
<ref>tag; name "regapp" defined multiple times with different content - ↑ 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."
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