The Hawaii State Legislature approved a constitutional amendment increasing the timeline for the state Senate to act on judicial appointments. The amendment will appear on the ballot for voter approval on Nov. 3, 2026.
Currently, the state constitution requires the Senate to act on judicial appointments within 30 days. If the Senate does not reject the appointment within 30 days, the appointment is confirmed.
The amendment would extend the timeline to 60 days for appointments made between April 1 and December 31 when the Senate is not in session or is about to adjourn. The Hawaii State Legislature is required to convene annually on the third Wednesday in January and meets for 60 legislative days, typically adjourning in early May.
The amendment was introduced as Senate Bill 121 on Jan. 15, 2025. On March 4, 2025, the Senate approved SB 121 by a vote of 25-0, with all 22 Democrats and all three Republicans voting in favor. The House passed the amendment on April 4, 2025, by a vote of 42-6. Of the eight House Republicans, six voted against the measure, one voted yes with reservations, and one voted yes.
Sen. Karl Rhoads (D-13), in his report on the Senate Judiciary Committee’s findings, said “Judicial appointments have been made throughout the year, including during the interim when the Senate is not in session, requiring the Senate to convene a special session to consider the appointments. Each special session costs approximately $5,000 for airfare and per diem for neighbor island senators, in addition to senator and staff time, and some special sessions address just one or two appointments. Accordingly, this measure will provide flexibility in the scheduling of special sessions and may reduce the number of special sessions by lengthening the period of time allowed for the Senate to consider judicial appointments when the Senate is not in regular session or is about to adjourn the regular session.”
Rodney A. Maile, administrative director of the courts, testified on the amendment before the Senate Judiciary Committee. Maile wrote, “The Judiciary takes no position on this measure but offers the following comments. If the constitutional amendment proposed by this measure passes and is approved by voters, it could leave judicial vacancies unfilled for an extended period of time, depending on when a vacancy occurs. We would note that the current process of filling judicial vacancies is already time-intensive, with the posting of notice of the vacancy, application deadlines, candidate interviews, and the determination of qualified applicants in some cases taking more than a year after a vacancy occurs. This proposed change would prolong the period of vacancy for certain appointments thus delaying the onboarding of new justices and judges.”
The five justices of the Hawaii Supreme Court, seven judges of the Hawaii Intermediate Court of Appeals, and 33 judges of the Hawaii Circuit Courts are appointed by the governor. Judges of the Hawaii District Courts are appointed by the chief justice of the state supreme court.
Judges are selected through an assisted appointment method in which a nominating commission reviews the qualifications of judicial candidates and submits a list of names to the appointing authority, who appoints a judge from the list.
The Hawaii Judicial Selection Commission is responsible for screening candidates and submitting a list to the governor or chief justice. The commission is made up of nine members: two appointed by the governor, two appointed by the state Senate president, two appointed by the state House speaker, two appointed by the Hawaii Bar Association, and one appointed by the chief justice of the supreme court. Ten states—Alaska, Hawaii, Indiana, Nebraska, New York, Oklahoma, South Dakota, and Wyoming—used this type of assisted appointment at the state supreme court level as of 2025.
The governor or chief justice must appoint a judge from the commission’s list, and the appointee must then be confirmed by the Hawaii State Senate.
If the Senate does not act within 30 days, the appointment is automatically confirmed. If the Senate rejects a nominee, the governor or chief justice has 10 days to choose another person from the list. This process continues until an appointee is confirmed by the Senate. If no appointment is made after all options are exhausted, the commission will make the appointment without Senate approval.
Justices and judges must be licensed to practice law in Hawaii for at least 10 years (for appellate and circuit courts) or five years (for district courts), and cannot engage in law practice or hold another public office while serving. Justices and judges serve 10-year terms, with district court terms set by law. Reappointment requires a petition to the commission, which determines whether a judge or justice will be retained. To continue to serve on the court, they must receive a majority vote of the selection commission. The mandatory judicial retirement age in Hawaii is 70.
In Hawaii, the legislature can refer a constitutional amendment to the ballot with a two-thirds vote in a single legislative session or a simple majority vote in two successive sessions. This amendment was certified for the ballot after receiving a two-thirds vote in both chambers during one legislative session.
The Hawaii State Constitution requires a majority vote of all voters casting a ballot in the election to approve a constitutional amendment. This means blank votes are effectively counted as “no” votes.
This amendment is the first to be referred to the ballot during the 2025 legislative session, which is set to adjourn on May 2. As of April 7, four other amendments had passed one chamber and would also appear on the Nov. 2026 ballot if approved in the second chamber.
Between 1985 and 2024, voters in Hawaii decided on 64 statewide ballot measures, approving 46 and rejecting 18.