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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Hawaii’s Midwives Challenge Law Criminalizing Traditional Birthing Practices
Many Native Hawaiians rely on lay midwives to provide culturally sensitive reproductive health care.
States, Not the President, Run Elections in America
The administration’s attempts to undermine or interfere with elections run afoul of constitutional delegations of responsibility.
The Extra Hurdle in State Courts to Prove a Statute Violates the U.S. Constitution
Many states require a litigant challenging a statute as violating the U.S. Constitution to prove the statute is unconstitutional “beyond a reasonable doubt.”
Book Excerpt: Impermissible Punishments: How Prison Became a Problem for Democracy
The U.S. prison system violates democratic social orders aiming to lessen racist and class hierarchies. Its development was not inevitable.
Book Excerpt: Sedition: How America's Constitutional Order Emerged from Violent Crisis
Throughout history, state constitutional drafting has involved failure and violent crisis and has sometimes torn us apart rather than brought us together.
How Will Federal Funding Cuts Impact State Budgets?
Fiscal provisions found in every state constitution constrain states’ ability to work around budget shortfalls.
How Much Do You Know About State Constitutions and Courts?
Learn why state constitutions are so long, which high court is almost completely made up of women, and more.
Law Student Cheat Sheet: Understanding State Courts and Constitutions
As the school year kicks off, we’ve rounded up some of our top explainer essays on how state courts and state constitutions work, protect rights, and influence major U.S. legal issues. Consider it your “State Constitutions 101.”