SB 1073 Summary

• Clarifies that disqualification requirements for judges under Hawaii law also apply to justices in appellate courts.

• Establishes a process allowing parties in appellate court proceedings to file a motion for a hearing on possible conflict of interest if they believe a judge or justice has a disqualifying bias or prejudice.

• Requires that motions for conflict of interest hearings be filed before the hearing on the action or proceeding, state specific facts and reasons for the belief, and be accompanied by counsel's certificate of good faith; limits parties to filing only one such motion per judge.

• Prohibits the judge or justice who is the subject of a conflict of interest motion from hearing or ruling on it; remaining panel judges or court of appeal judges must decide the motion.

• Allows a judge or justice subject to a conflict of interest motion to either file a response to the motion or voluntarily recuse themselves by filing a certificate of recusal with the court clerk.