§571-4 Family courts, circuits. In the
first circuit any judge or judges so designated by the chief justice of the
supreme court shall be the judge or judges of the family court of the first
circuit. The several judges of the second, third, and fifth circuits, and of
any other circuits hereafter created by the legislature, shall, when exercising
jurisdiction under this chapter, be judges of the family courts of their
respective circuits. In any circuit in which more than one judge is authorized
to exercise jurisdiction as judge of the family court, the chief justice of the
supreme court shall designate one of the judges as senior judge.
Nothing in this chapter shall be construed to
limit the jurisdiction and authority of any circuit judge, designated as judge
of a family court, to matters within the scope of this chapter. [L 1965, c 232,
pt of §1; Supp, §333-4; HRS §571-4]
Case Notes
Even assuming that, for purposes of §571-14, defendant did
not have physical custody of complainant during the times of the alleged
offenses, and the family court was, therefore, without jurisdiction over those
counts of the indictment, the judge, in the judge's capacity as a circuit court
judge, properly exercised jurisdiction over those counts under this section.
103 H. 214, 81 P.3d 394 (2003).
Where judge, at the time judge entered the family court
orders purporting to void the estate documents, was a district judge appointed
under §571-8, not a circuit judge sitting by designation in family court under
this section, the judge lacked original jurisdiction over guardianships of the
property under §560:5-102 as it stood prior to the 1996 amendments to the
Hawaii uniform probate code. 110 H. 8, 129 P.3d 511 (2006).
Notes of Decisions
Cited in
8
cases, 1987–2020 · leading case:
Adams v. State, 81 P.3d 394 (Haw. 2003).
Adams v. State, 81 P.3d 394 (Haw. 2003).
· cites it 10× “As correctly pointed out by the circuit court, HRS § 571-4 (1993) provides in pertinent part that “[t]he several judges of the second, third, and fifth circuits! ] .”
Est. of Kam, 129 P.3d 511 (Haw. 2006).
· cites it 6× “See HRS § 571-4 (1993) (providing that circuit judges designated by the chief justice of the supreme court shall be judges of the family court); HRS § 571-8 (1993) (establishing district family courts and providing that the chief justice of the supreme court “may appoint one or…”
Winterborne v. State, 88 P.3d 683 (Haw. App. 2004).
· cites it 14× “As correctly pointed out by the circuit court,- HRS § 571-4 (1993) provides in pertinent part that “[t]he several judges of the second, third, and fifth circuits[ ] .”
In the Interest of Doe Child., 93 P.3d 1145 (Haw. 2004).
· cites it 2× “, Judge Ama-no, in her capacity as a circuit court judge, properly exercised jurisdiction”) (emphases in original); HRS § 571-4 (1993) (“Nothing in this chapter shall be construed to limit the jurisdiction and authority of any circuit court judge, designated as a judge of a…”
State v. Malave., 463 P.3d 998 (Haw. 2020).
· cites it 2× “” HRS § 571-4 (2018). In 1996, an order was entered by Chief 6 The full text of subsections (1) and (2) - the subsections relevant here - is as follows: Except as provided in sections 603-21.”
Eaton v. Eaton, 748 P.2d 801 (Haw. App. 1987).
· cites it 2× “1935 (1982), to the district family court’s subject matter jurisdiction under HRS § 571-4(3) as follows: “Jurisdiction; adults.”
State v. Malave, 146 Haw. 341 (Haw. 2020).
· cites it 2× “” HRS § 571-4 (2018). In 1996, an order was entered by Chief 6 The full text of subsections (1) and (2) - the subsections relevant here - is as follows: Except as provided in sections 603-21.”
Williamson v. Williamson, 144 P.3d 579 (Haw. App. 2006).
“§ 571-4 Family courts, circuits. In the first circuit any judge or judges so designated by the chief justice of the supreme court shall be the judge or judges of the family court of the first circuit.”
— Haw. Rev. Stat. § 571-4(3) — 1 case
Eaton v. Eaton, 748 P.2d 801 (Haw. App. 1987).
“1935 (1982), to the district family court’s subject matter jurisdiction under HRS § 571-4(3) as follows: “Jurisdiction; adults.”
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