Report Title:
Intermediate Appellate Court; Name Change
Description:
Replaces statutory references to "intermediate appellate court" with references to "court of appeals", contingent upon ratification of a related constitutional amendment.
HOUSE OF REPRESENTATIVES |
H.B. NO. |
2498 |
TWENTY-THIRD LEGISLATURE, 2006 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO THE INTERMEDIATE APPELLATE COURT.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Part II, chapter 602, Hawaii Revised Statutes, is amended by amending its title to read as follows:
"PART II. [INTERMEDIATE APPELLATE COURT] COURT OF APPEALS"
SECTION 2. Section 602-55, Hawaii Revised Statutes, is amended to read as follows:
"§602-55 Panels; substitute judge. Parties shall be entitled to a hearing before a panel of not less than three [intermediate appellate] court of appeals judges. [In the event] If the number of available [intermediate appellate] court of appeals judges is insufficient to make up a panel because of vacancy or disqualification, the chief justice of the supreme court may designate circuit judges [or], retired [intermediate appellate] court of appeals judges, or retired supreme court justices to temporarily fill [such need.] the shortage. The assignment to a panel shall rest in the discretion of the chief judge. A judge serving temporarily shall not be actively engaged in the practice of law. Substitute judges shall be compensated per diem at a rate of pay equivalent to that of associate [intermediate appellate] court of appeals judges."
SECTION 3. The Hawaii Revised Statutes, including sections 11-51, 40-91, 47-46, 53-6, 76-16, 88-21, 91-14, 101-34, 124A-105, 196D-5, 201G-57, 201G-58, 232-1, 232-19, 232-22, 232-23, 235-114, 269-15, 286-60, 383-41, 383-69, 383-76, 386-73, 386-73.5, 386-88, 392-21.5, 392-75, 412:2-501, 431:14-118, 431:14F-113, 482-9, 485-23, 571-54, 601-8, 602-5, 602-51 to 602-54, 602-56 to 602-59, 606-1, 606-4, 607-6, 607-8, 608-1.5, 641-1, 641-11 to 641-13, 641-16, 641-17, 660-28, 664-5, 664-8, 664-9, 664-25, 664-36, and 802-5, is amended by substituting "court of appeals", or like language, wherever "intermediate appellate court", or like language, appears, as the context requires.
SECTION 4. All laws and parts of laws heretofore enacted that are in conflict with the provisions of this Act are hereby amended to conform herewith. All acts passed during this Regular Session of 2006, whether enacted before or after the passage of this Act, shall be amended to conform herewith, unless such acts specifically provide that the act relating to "amending references to the intermediate appellate court in the Hawaii Revised Statutes" is being amended.
SECTION 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 6. This Act shall take effect upon its approval and upon ratification of a constitutional amendment changing the name of the intermediate appellate court to the court of appeals.
INTRODUCED BY: |
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