Hawkes v. Davis
CourtHawaii Supreme Court
Date FiledOctober 20, 2026
DocketSCWC-26-0000315
StatusPublished
📰 News Coverage: Read the LAWS.com news report on this case
Full Opinion
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Electronically Filed
Supreme Court
SCWC-XX-XXXXXXX
20-OCT-2026
01:01 PM
Dkt. 15 SO
SCWC-XX-XXXXXXX
IN THE SUPREME COURT OF THE STATE OF HAWAIʻI
BEAU HAWKES,
Petitioner/Plaintiff-Appellant,
vs.
CHELSEA DAVIS; HAWAIʻI NEWS NOW,
Respondents/Defendants-Appellees.
CERTIORARI TO THE INTERMEDIATE COURT OF APPEALS
(CAAP-XX-XXXXXXX; CASE NO. 2CCV-XX-XXXXXXX)
SUMMARY DISPOSITION ORDER
(By: Devens, C.J., McKenna, Eddins, and Ginoza, JJ.,
and Circuit Judge DeWeese, assigned by reason of vacancy)
Petitioner/Plaintiff-Appellant Beau Hawkes (Hawkes),
proceeding pro se, sued Respondents/Defendants-Appellees Chelsea
Davis and Hawaiʻi News Now (Respondents) in the Circuit Court of
the Second Circuit (circuit court) for defamation, false light
invasion of privacy, intentional and negligent
misrepresentation, intentional and negligent infliction of
emotional distress, and tortious interference with business
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relationships. The claims arose from Respondents’ news
reporting on a physical altercation involving Hawkes. Following
a hearing, the circuit court granted summary judgment in
Respondents’ favor, concluding that Hawkes had not raised a
genuine issue of material fact as to any of his claims. The
circuit court denied Hawkes’ subsequent motions for
reconsideration, recusal, and sanctions, and entered final
judgment. Hawkes timely appealed.
On May 31, 2026, Hawkes moved the Intermediate Court
of Appeals (ICA) for leave to proceed in forma pauperis on
appeal. In a supporting declaration, Hawkes represented that he
received approximately $4,000.00 in monthly income and paid
$2,450.00 in rent and a $697.00 car payment each month.
Respondents opposed the motion, asserting that Hawkes’ own
filings reflected approximately $853.00 in monthly disposable
income.
On June 24, 2026, the ICA denied the motion and
ordered Hawkes to pay $315.00 in filing fees within ten days,
concluding that Hawkes “has not demonstrated an inability to pay
the required filing fees[.]” The same day, Hawkes moved for
reconsideration and for an emergency stay of the fee deadline,
representing that only $28.00 remained each month after his
necessary expenses and that his total liquid net worth across
all bank accounts was $91.61. The ICA denied both motions on
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June 26, 2026. On June 30, 2026, the ICA denied as unauthorized
his alternative motion for partial fee reduction under Hawaiʻi
Revised Statutes (HRS) § 607-3 (2016). The ICA dismissed
Hawkes’ appeal for nonpayment of the filing fees on July 10,
2026, and on July 15, 2026, denied Hawkes’ motion for
reconsideration and relief from default.
On June 30, 2026, Hawkes filed an application for writ
of certiorari seeking review of the ICA’s denial of his motion
to proceed in forma pauperis. Hawkes has also repeatedly
requested a stay of the ICA’s fee payment deadline, first in his
certiorari application, then in a separate emergency motion
filed July 3, 2026, and again in supplemental filings after the
ICA’s July 10, 2026, dismissal.
On August 24, 2026, this court accepted Hawkes’
application for writ of certiorari.
We review the denial of a motion to proceed in forma
pauperis for abuse of discretion. Estate Admin. Servs., LLC v.
Mohulamu, 148 Hawaiʻi 10, 16, 466 P.3d 408, 414 (2020); Blaisdell
v. Dep’t of Pub. Safety, 113 Hawaiʻi 315, 319, 151 P.3d 796, 800
(2007). An abuse of discretion occurs when a court “clearly
exceed[s] the bounds of reason or disregard[s] rules or
principles of law or practice to the substantial detriment of a
party litigant.” Mohulamu, 148 Hawaiʻi at 16, 466 P.3d at 414.
HRS § 607-3 gives courts “discretionary power to waive the
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prepayment of costs or to reduce or remit costs where, in
special or extraordinary cases, the cost of any suit, action, or
proceeding may, to the judges, appear onerous.” “Onerous” means
“[e]xcessively burdensome or troublesome; causing hardship[.]”
Blaisdell, 113 Hawaiʻi at 319, 151 P.3d at 800 (quoting Black’s
Law Dictionary 1122 (8th ed. 2004)). Hawaiʻi Rules of Appellate
Procedure (HRAP) Rule 24(a) (eff. 2020) requires a party seeking
to proceed in forma pauperis on appeal to submit a declaration
showing “the party’s inability to pay the required filing fees
or to give security for costs.” This court has “long adhered to
the policy of affording litigants the opportunity to be heard on
the merits whenever possible,” recognizing that denial of in
forma pauperis status “affects access to justice in civil
matters for those unable to afford legal representation.”
Mohulamu, 148 Hawaiʻi at 18, 466 P.3d at 416.
The ICA’s orders did not address Hawkes’ unrebutted
representation that his total liquid net worth across all bank
accounts was $91.61. Nor did the ICA explain why $4,000.00 in
reported gross monthly income outweighed that showing, or weigh
Hawkes’ income against his living costs. The ICA instead again
ordered Hawkes to pay the full $315.00, more than three times
his total liquid assets, within ten days, and denied his motion
for an emergency stay of that deadline. Even accepting
Respondents’ contention that Hawkes’ filings reflected
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approximately $853.00 in monthly disposable income, nothing in
the record indicates that Hawkes had funds available to pay the
fees within the time the ICA allowed. On this record, the only
reasonable conclusion is that requiring Hawkes to prepay the
filing fees would be “onerous” within the meaning of HRS § 607-
3.
The ability to pay for purposes of HRS § 607-3 and
HRAP Rule 24 turns on more than an applicant’s gross income.
See Blaisdell, 113 Hawaiʻi at 319, 151 P.3d at 800 (noting that
“when considering a person’s ability to pay, the court may
consider the size of the movant’s estate and his or her net
worth” (quoting Minatoya v. Mousel, 2 Haw. App. 1, 8, 625 P.2d
378, 384 (1981))). Because the ICA’s orders did not address
Hawkes’ net financial position or his cost of living, the ICA’s
rulings denying in forma pauperis status, denying
reconsideration, and dismissing Hawkes’ appeal for nonpayment
were unreasonable. Consistent with this court’s policy of
resolving appeals on the merits whenever possible, Mohulamu, 148
Hawaiʻi at 18, 466 P.3d at 416, we hold that the ICA abused its
discretion in denying Hawkes’ motion for leave to proceed in
forma pauperis and, in turn, in dismissing his appeal.
Accordingly, we vacate the ICA’s June 24, 2026, order
denying Hawkes’ motion for leave to proceed in forma pauperis,
its June 26, 2026, order denying reconsideration of that order,
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its July 10, 2026, order dismissing CAAP-XX-XXXXXXX for
nonpayment of filing fees, and its July 15, 2026, order denying
Hawkes’ motion for reconsideration and relief from default.
This case is remanded to the ICA with instructions to grant
Hawkes’ motion for leave to proceed in forma pauperis and to
reinstate the appeal.
Hawkes’ pending requests for a stay of the ICA’s fee
payment deadline are denied as moot.
DATED: Honolulu, Hawaiʻi, October 20, 2026.
Beau Hawkes, /s/ Vladimir P. Devens
pro se
Petitioner/Plaintiff- /s/ Sabrina S. McKenna
Appellant
/s/ Todd W. Eddins
Bruce D. Voss /s/ Lisa M. Ginoza
Ivana P. Tran
for Respondents/Defendants- /s/ Wendy M. DeWeese
Appellees
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