§606-1 Clerks of supreme court, intermediate appellate court, circuit courts, and district courts; appointment and removal. (a) Subject to the provisions of chapter 76, when applicable:

(1) There shall be a clerk of the supreme court and as many deputy clerks and assistant clerks as the business of the supreme court requires, appointed and removable by the justices of the supreme court.

(2) There shall be a clerk of the intermediate appellate court and as many deputy clerks and assistant clerks as the business of such court requires, appointed and removable by the judges of the intermediate appellate court.

(3) There shall be as many clerks of the circuit courts as may be necessary, appointed and removable by the judge or administrative judge thereof, as the case may be. The appointment of a clerk of a particular division may be made by the judge of that division.

(4) There shall be as many clerks of the district courts as may be necessary, appointed and removable by the judge or administrative judge thereof, as the case may be.

(b) The respective clerks of the supreme court, intermediate appellate court, circuit courts, and district courts shall be ex officio clerks of all the courts of records, and as such may issue process returnable in all such courts. [L 1892, c 57, §59; am L 1903, c 32, §16; am L 1907, c 54, §1; am L 1911, c 84, §1; RL 1925, §2291; RL 1935, §3690; RL 1945, §9721; RL 1955, §218-1; am L 1965, c 104, §1; HRS §606-1; am L 1970, c 188, §25; am L 1972, c 88, §4(a); am L 1979, c 111, §4(1)]

Case Notes

Powers of deputy clerks, in absence of clerk, to select jurors and issue process under former statutes. 7 H. 388; 9 H. 522, 540 (1894).

Authority of clerks discussed. 8 H. 191 (1890).

Removal of deputy for misconduct, etc., requires opportunity to be heard, disloyalty to government is cause for removal. 9 H. 681 (1893).

Where more judges than one in a circuit, appointment or removal of a clerk requires presence, actual or constructive, of all and concurrent action of majority. 22 H. 557, 568 (1915).

Cited: 32 H. 995, 997 (1934).