On January 31, 2019, the HSBA Appellate Section hosted Hawaii’s newest appellate judge at its regular monthly meeting. ICA Associate Judge Keith K. Hiraoka discussed his background, his transition from circuit to appellate court, and provided members of the section with practice tips.
Judge Hiraoka’s general practice pointers included:
- Follow the appellate rules
- Provide the correct citations to published opinions – rather than the court docket number
- Bookmark PDFs filed with the court – this helps the judges better navigate the documents
- Remember to comply with Hawaii Court Record Rule 9 (related to the protection of personal information) – be sure to redact protected information from exhibits attached to appellate filings
- When drafting proposed findings of fact at the trial level (and in preparation for appeal), cite to the evidence in the document filed with the trial court – this will make referencing the evidence easier on appeal
- If possible, take advantage of any argument that a finding of fact may be construed as a conclusion of law
For oral argument, Judge Hiraoka provided the following advice:
- If your case is set for oral argument, be sure to come to the argument prepared
- The least effective approach to oral argument is to read
- Make sure you have key topics ready, but be prepared to answer questions that may be different
- Listen to the question
- It’s OK to ask for clarification of a question if you don’t understand
- Be honest about what you don’t know
- Don’t be afraid of silence if it is productive silence – for example, silence while thinking – silence is better than stammering or other space fillers
On how cases are managed at the ICA, Judge Hiraoka provided the following insights:
- Merit panels are chosen randomly by the clerk’s office
- All opinions are circulated to all the judges, unless someone is recused or there is a conflict, even if the judge is not on the merit panel
- Judges not on a merit panel are given the opportunity to comment on all opinions, but only the panel ultimately decides the case
- The judges have a weekly meeting to discuss pending dispositions
Mahalo to Judge Hiraoka for sharing your invaluable advice and insights with the Appellate Section!
Social Media