Rules of Court

Transfer to criminal court, see HFCR rules 128, 129.

Law Journals and Reviews

Waiver of jurisdiction; procedural requirements, statement of reasons. Haw. Supp, 5 HBJ 29.

Case Notes

Order waiving jurisdiction under subsection (a) is appealable. 50 H. 537, 444 P.2d 459.

Procedure followed by court in waiving jurisdiction held valid. 50 H. 620, 446 P.2d 564.

Pending appeal of order waiving jurisdiction, stay of order should be granted only after weighing opposing interests. 57 H. 413, 558 P.2d 483.

A waiver proceeding is primarily dispositional, so that full procedural protections appropriate to an adjudication of guilt do not apply. 58 H. 522, 574 P.2d 119.

"Act constituting felony if committed by adult" construed. 59 H. 456, 583 P.2d 337.

Waiver provision is not void for vagueness but requires a hearing, counsel, and statement of reasons by court. Defendant must appeal the order prior to circuit court trial. 60 H. 527, 592 P.2d 422.

Dismissal of indictment required where jurisdiction waived without hearing. 61 H. 12, 594 P.2d 1069. Preponderance of evidence standard in §571-41 does not apply to waiver proceedings. For purposes of waiver, charges are presumed to be true. Ultimate concern is whether evidence adduced justifies waiver. 61 H. 48, 594 P.2d 1048.

All waiver orders hereafter filed must conform to Family Court Rule 129 requiring specific findings. 61 H. 167, 598 P.2d 176.

Statement of reasons supporting decision to waive, sufficiency. 61 H. 167, 598 P.2d 176.

Where waiver of jurisdiction is invalid, proceedings held in circuit court are void. 61 H. 185, 599 P.2d 298.

Family court's findings in a waiver decision must be supported by substantial evidence. 61 H. 364, 604 P.2d 276.

Compliance with "full investigation and hearing" required. 61 H. 561, 606 P.2d 1326.

Waiver petitions taken "under advisement" must be acted upon within a reasonable time. 61 H. 561, 606 P.2d 1326.

Family court failed to act in accordance with its powers by proceeding to hear waiver petition without taking steps to enable completion of "full and fair investigation". 66 H. 516, 668 P.2d 25.

Minor not entitled to probable cause hearing before family court jurisdiction waived. 67 H. 466, 691 P.2d 1163.

Record indicated that full investigation was held and all findings necessary to sustain waiver were made and supported. 1 H. App. 226, 617 P.2d 826.

Where appellant presented danger to community, there was no error in refusing stay of waiver pending appeal. 1 H. App. 226, 617 P.2d 826.

Purpose of family court waiver hearing is not to determine whether minor committed offense alleged or even to determine probable cause. Presumption that charges are true does not violate due process. 1 H. App. 243, 617 P.2d 830.

Where family court has considered all the factors in its determination to waive and there is no manifest abuse of discretion, appellate court is not required to determine or question the weight attributed to the various factors. 1 H. App. 301, 618 P.2d 1150.

A minor who is "treatable" may still be waived for the "safety of the community". 1 H. App. 611, 623 P.2d 1262.

Minor whose acts are offenses against property may still pose a threat to the "safety of the community". 1 H. App. 611, 623 P.2d 1262.

Decisions under prior law.

Requirement that arrested juvenile be taken before the juvenile court not applicable to a case of direct contempt of a circuit court. 44 H. 271, 353 P.2d 631.

Consenting to criminal proceedings against juvenile-formal petition therefor and hearing not required. 44 H. 455, 255 P.2d 46; 45 H. 604, 372 P.2d 356. Involves exercise of judicial discretion. 45 H. 604, 372 P.2d 356.

Where family court declined to waive jurisdiction over person, deciding that safety of community did not require that person continue under judicial restraint for period extending beyond person's minority and that no court could commit person to adult correctional facility, but thereafter committed person to adult correctional facility, court unlawfully violated its prior order declining to waive jurisdiction. 86 H. 517 (App.), 950 P.2d 701.