Background
Beau Hawkes, a self-represented litigant, appealed a decision from the Circuit Court of the Second Circuit (Case No. 2CCV-25-0000184). On April 7, 2026, Hawkes filed a notice of appeal. He also filed a motion to proceed in forma pauperis, seeking to proceed without paying the required appellate filing fees due to financial hardship.
The court denied Hawkes’s motion to proceed in forma pauperis. In a June 26, 2026 Order Denying Motion for Reconsideration, the court ordered Hawkes to pay the full appellate filing fees to the Supreme Court Clerk’s Office within 10 days, with explicit notice that failure to pay could result in dismissal of the appeal.
The Court’s Holding
The Hawaii Intermediate Court of Appeals dismissed the appeal. The court found that Hawkes failed to comply with the June 26, 2026 order, did not pay the appellate filing fees by the deadline, and the time for compliance had expired.
The dismissal was issued pursuant to Hawaii Rules of Appellate Procedure Rule 24(c), which provides that failure to pay unpaid filing fees or provide security for costs “is ground for such action as the appellate court having jurisdiction over the appeal deems appropriate, and may include dismissal of the appeal.” The court determined that dismissal was the appropriate sanction for non-compliance.
Key Takeaways
- Appellate filing fees must be paid within the deadline set by the court, even for self-represented parties.
- Denial of in forma pauperis status does not forgive the obligation to pay appellate filing fees.
- Failure to pay appellate fees after a court-ordered deadline is ground for immediate dismissal of the appeal under Hawaii appellate rules.
Why It Matters
This case reinforces that Hawaii appellate courts strictly enforce filing fee requirements and will dismiss appeals when litigants fail to pay fees after being denied in forma pauperis status and given clear notice of the consequences. Self-represented parties are not exempted from these procedural requirements.
For attorneys advising clients on appeals, this decision underscores the importance of ensuring filing fees are paid promptly after any in forma pauperis motion is denied, as failure to do so results in automatic dismissal of the appeal regardless of the merits of the underlying case.