Hawaii
Hawaii’s highest court is the Supreme Court of the State of Hawaii. The court has four associate justices and one chief justice. The chief justice is appointed under the same procedures as the associate justices. (Source: Hawaii Constitution)
Judicial Selection
The governor nominates a candidate to the Supreme Court of the State of Hawaii from a list provided by a judicial selection commission. The governor’s selection must be confirmed by a majority of the state senate. The appointed justice serves a 10-year term. Justices may stand for reappointment by the state’s judicial selection commission to additional terms. The governor nominates a judicial candidate to fill an interim vacancy from a list provided by a judicial selection commission. The governor’s selection must be confirmed by a majority of the state senate. The appointed justice serves a 10-year term. The mandatory retirement age is 70.
State Constitution
Hawaii’s first and only constitution was adopted in 1950. As of January 1, 2024, it had 114 amendments. (Source: John Dinan, 2024)
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Honoring Former Hawaii Justice Masaji Marumoto’s Legacy on the Bench
A look at Marumoto’s trailblazing career, in celebration of May’s Asian American, Native Hawaiian, and Pacific Islander (AANHPI) Heritage Month.
Levels of Scrutiny Applied by State Courts, Explained
The tests state courts use to decide whether a law impermissibly infringes on people’s rights play a big role in determining whether government restrictions on those rights are upheld.
Washington Supreme Court Hears Challenge to Ban on Large-Capacity Magazines
The court must navigate confusing U.S. Supreme Court precedent in evaluating the ban.
A Practical Guide to Using State History to Overcome Federal Precedent
Lawyers often waive state constitutional claims by failing to make arguments that diverge from federal case law. An originalism-style approach may provide alternatives.
Federal Workers Have Scant Job Protection in the Constitution
In contrast, some state constitutions protect explicitly both the civil service and public employee unions.
Book Excerpt: Personhood: The New Civil War over Reproduction, by Mary Ziegler
The fetal personhood movement already succeeded in eliminating what many viewed as a fundamental right. Its continued effects could be even further-reaching.
Protecting Youth in the Criminal Justice System
A man sentenced to life in prison at 18 years old explains why state laws that funnel kids into the adult system are unjust and short-sighted.
The Right to Petition in State Constitutions, Explained
Some states protect citizens’ right to make requests of or complaints against the government more broadly than the federal Constitution.