Hawaii State Circuit Courts

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Category: Hawaii Courts

Hawaii State Circuit Courts

The State of Hawaii is divided into four judicial circuits. Pursuant to chapter 603, Hawaii Revised Statutes, the First Judicial Circuit consists of the island of Oahu. It has twenty-three Circuit Court judges.

The Second Judicial Circuit is comprised of the islands of Maui, Molokai, Lanai, Kahoolawe, and Molokini. It has three Circuit Court judges.

The Third Judicial Circuit, also with three Circuit Court judges, consists of the island of Hawaii. The Fifth Judicial Circuit includes the islands of Kauai and Niihau and is served by two Circuit Court judges.

There is no Fourth Judicial Circuit. It was eliminated in 1943 when the Fourth Circuit (part of the island of Hawaii) merged into the Third, and the designation was dropped altogether.

Circuit Courts have jurisdiction over criminal offenses of state laws that are committed in the respective circuits or transferred by change of venue; actions for penalties and forfeitures incurred under state laws; and civil actions and proceedings.

To execute their responsibilities, Circuit Courts hold powers that include granting the probate of wills; hearing appeals allowed by law from agencies; issuing necessary or appropriate writs and orders; administering oaths; compelling attendance of parties and witnesses and the production of information; admitting or dispensing bail as allowed; issuing warrants; awarding judgments, decrees, orders, and mandates; and issuing injunctions to stop violations of state laws or county ordinances.

Circuit Court judges are appointed by the Governor with Senate consent from a list of nominees submitted by the Judicial Selection Commission. They serve terms of ten years, must retire at age seventy, and may be retired or removed for incapacity.[1]

Jury trials are held in the Circuit Courts, which have general jurisdiction in civil and criminal cases. They also have exclusive jurisdiction in probate, guardianship and criminal felony cases, as well as civil cases where the contested amount exceeds $20,000.

Circuit Courts share concurrent jurisdiction with District Courts in civil non-jury cases in which the amounts in controversy are between $10,000 and $20,000. Other cases heard by the Circuit Courts include mechanics' liens and misdemeanor violations transferred from the District Courts for jury trials. [2]