H.B. 338 Summary

• Amends Hawaii Revised Statutes Section 601-7 to add new procedures for appellate courts regarding conflicts of interest involving judges or justices.

• Allows parties to file a motion for hearing on possible conflict of interest in appellate proceedings when they believe a judge or justice has a disqualifying bias or prejudice.

• Requires the motion to state facts and reasons for the alleged conflict, be filed before the hearing, and be accompanied by a certificate from counsel certifying the motion is made in good faith.

• Limits parties to filing only one motion per judge or justice and requires the remaining judges or justices on the panel to hear and rule on the motion while the subject judge or justice is disqualified from voting on it.

• Permits the judge or justice who is subject of the motion to either file a response or recuse themself by filing a certificate of inability to preside with absolute impartiality.