HB 396: Judiciary Package; Criminal Proceedings; Court-Appointed Counsel; Fees; Appropriations
- Session Year: 2025-2026
- House: House
- Latest Version Date: 2025-04-25
Current Status:
In Progress
(2025-06-06: Act 199, on 06/06/2025 (Gov. Msg. No. 1299).)
Introduced
In Committee
First Chamber
In Committee
Second Chamber
Final Decking
Enacted
What does this bill do?
This bill raises pay for lawyers the court appoints to represent people in criminal cases, increasing the hourly rate from $90 to $150. It also raises the maximum fees allowed per case (for example, felony cases to $12,000, misdemeanor jury trials to $6,000, and appeals to $9,000) and provides about $2.89 million over the next two fiscal years to cover the increases.
The summary is provided by generative AI which can make mistakes. For original language, please view the details in the table below.
Increases the rate of compensation and maximum allowable amounts per case for court-appointed counsel in criminal proceedings. Appropriates funds. (CD1)
Increases the rate of compensation and maximum allowable amounts per case for court-appointed counsel in criminal proceedings. Appropriates funds. Effective 4/23/2057. (SD1)
Increases the rate of compensation and maximum allowable amounts per case for court-appointed counsel in criminal proceedings. Appropriates funds. Effective 7/1/3000. (HD1)
Increases the rate of compensation and maximum allowable amounts per case for court-appointed counsel in criminal proceedings. Appropriates moneys.
|
HOUSE OF REPRESENTATIVES |
H.B. NO. |
396 |
|
THIRTY-THIRD LEGISLATURE, 2025 |
H.D. 1 |
|
|
STATE OF HAWAII |
S.D. 1 |
|
|
|
C.D. 1 |
|
|
|
||
|
|
||
A BILL FOR AN ACT
RELATING TO COMPENSATION FOR COURT-APPOINTED COUNSEL.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 802-5, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:
"(b) The court shall determine the amount of
reasonable compensation to appointed counsel, based on the rate of [$90]
$150 an hour; provided that the maximum allowable fee shall not exceed
the following schedule:
(1) Any felony case [$6,000] $12,000
(2) Misdemeanor case-jury trial [3,000] $6,000
(3) Misdemeanor case-jury waived [1,500] $3,000
(4) Appeals [5,000] $9,000
(5) Petty misdemeanor case [900] $1,800
(6) Any other type of administrative or
judicial proceeding, including cases
arising
under section 571‑11(1)[,] or
571‑14(a)(1)[,]
or [571‑14(a)](2) [3,000.] $6,000.
Payment in excess of any maximum provided for under paragraphs (1) to (6) may be made whenever the court in which the representation was rendered certifies that the amount of the excess payment is necessary to provide fair compensation and the payment is approved by the administrative judge of that court."
SECTION 2. There is appropriated out of the general revenues of the State of Hawaii the sum of $2,890,000 or so much thereof as may be necessary for fiscal year 2025-2026 and the same sum or so much thereof as may be necessary for fiscal year 2026-2027 to carry out the purposes of this Act.
The sums appropriated shall be expended by the department of budget and finance for the purposes of this Act.
SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 4. This Act shall take effect on July 1, 2025.
Report Title:
Judiciary Package; Criminal Proceedings; Court-Appointed Counsel; Fees; Appropriations
Description:
Increases the rate of compensation and maximum allowable amounts per case for court-appointed counsel in criminal proceedings. Appropriates funds. (CD1)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
|
HOUSE OF REPRESENTATIVES |
H.B. NO. |
396 |
|
THIRTY-THIRD LEGISLATURE, 2025 |
H.D. 1 |
|
|
STATE OF HAWAII |
S.D. 1 |
|
|
|
|
|
|
|
||
|
|
||
A BILL FOR AN ACT
RELATING TO COMPENSATION FOR COURT-APPOINTED COUNSEL.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 802-5, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:
"(b) The court shall determine the amount of
reasonable compensation to appointed counsel, based on the rate of [$90]
$150 an hour; provided that the maximum allowable fee shall not exceed
the following schedule:
(1) Any felony case [$6,000] $12,000
(2) Misdemeanor case-jury trial [3,000] $6,000
(3) Misdemeanor case-jury waived [1,500] $3,000
(4) Appeals [5,000] $9,000
(5) Petty misdemeanor case [900] $1,800
(6) Any other type of administrative or
judicial proceeding, including cases
arising
under section 571‑11(1)[,] or
571‑14(a)(1)[,]
or [571‑14(a)](2) [3,000.] $6,000.
Payment in excess of any maximum provided for under paragraphs (1) to (6) may be made whenever the court in which the representation was rendered certifies that the amount of the excess payment is necessary to provide fair compensation and the payment is approved by the administrative judge of that court."
SECTION 2. There is appropriated out of the general revenues of the State of Hawaii the sum of $ or so much thereof as may be necessary for fiscal year 2025-2026 and the same sum or so much thereof as may be necessary for fiscal year 2026-2027 to carry out the purposes of this Act.
The sums appropriated shall be expended by the department of budget and finance for the purposes of this Act.
SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 4. This Act shall take effect on April 23, 2057.
Report Title:
Judiciary Package; Criminal Proceedings; Court-Appointed Counsel; Fees; Appropriations
Description:
Increases the rate of compensation and maximum allowable amounts per case for court-appointed counsel in criminal proceedings. Appropriates funds. Effective 4/23/2057. (SD1)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
|
HOUSE OF REPRESENTATIVES |
H.B. NO. |
396 |
|
THIRTY-THIRD LEGISLATURE, 2025 |
H.D. 1 |
|
|
STATE OF HAWAII |
|
|
|
|
|
|
|
|
||
|
|
||
A BILL FOR AN ACT
RELATING TO COMPENSATION FOR COURT-APPOINTED COUNSEL.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 802-5, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:
"(b) The court shall determine the amount of
reasonable compensation to appointed counsel, based on the rate of [$90]
$150 an hour; provided that the maximum allowable fee shall not exceed
the following schedule:
(1) Any felony case [$6,000] $12,000
(2) Misdemeanor case-jury trial [3,000] $6,000
(3) Misdemeanor case-jury waived [1,500] $3,000
(4) Appeals [5,000] $9,000
(5) Petty misdemeanor case [900] $1,800
(6) Any other type of administrative or
judicial proceeding, including cases
arising
under section 571‑11(1)[,] or
571‑14(a)(1)[,]
or [571‑14(a)](2) [3,000.] $6,000.
Payment in excess of any maximum provided for under paragraphs (1) to (6) may be made whenever the court in which the representation was rendered certifies that the amount of the excess payment is necessary to provide fair compensation and the payment is approved by the administrative judge of that court."
SECTION 2. There is appropriated out of the general revenues of the State of Hawaii the sum of $ or so much thereof as may be necessary for fiscal year 2025-2026 and the same sum or so much thereof as may be necessary for fiscal year 2026-2027 to carry out the purposes of this Act.
The sums appropriated shall be expended by the department of budget and finance for the purposes of this Act.
SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 4. This Act shall take effect on July 1, 3000.
Report Title:
Judiciary Package; Criminal Proceedings; Court-Appointed Counsel; Fees; Appropriation
Description:
Increases the rate of compensation and maximum allowable amounts per case for court-appointed counsel in criminal proceedings. Appropriates funds. Effective 7/1/3000. (HD1)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
|
HOUSE OF REPRESENTATIVES |
H.B. NO. |
396 |
|
THIRTY-THIRD LEGISLATURE, 2025 |
|
|
|
STATE OF HAWAII |
|
|
|
|
|
|
|
|
||
|
|
||
A BILL FOR AN ACT
relating to compensation for court-appointed counsel.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 802-5, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:
"(b) The court shall determine the amount of
reasonable compensation to appointed counsel, based on the rate of [$90]
$150 an hour; provided that the maximum allowable fee shall not exceed
the following schedule:
(1) Any felony case [$6,000] $12,000
(2) Misdemeanor case-jury trial [3,000] $6,000
(3) Misdemeanor case-jury waived [1,500] $3,000
(4) Appeals [5,000] $9,000
(5) Petty misdemeanor case [900] $1,800
(6) Any other type of administrative or
judicial proceeding, including cases
arising under section 571‑11(1),
571‑14(a)(1),
or 571‑14(a)(2) [3,000.] $6,000.
Payment in excess of any maximum provided for under paragraphs (1) to (6) may be made whenever the court in which the representation was rendered certifies that the amount of the excess payment is necessary to provide fair compensation and the payment is approved by the administrative judge of that court."
SECTION 2. There is appropriated out of the general revenues of the State of Hawaii the sum of $2,890,000 or so much thereof as may be necessary for fiscal year 2025-2026 and the same sum or so much thereof as may be necessary for fiscal year 2026-2027 to carry out the purposes of this Act.
The sums appropriated shall be expended by the department of budget and finance for the purposes of this Act.
SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 4. This Act shall take effect on July 1, 2025.
|
INTRODUCED BY: |
_____________________________ |
|
|
By Request |
Report Title:
Judiciary Package; Criminal Proceedings; Court-Appointed Counsel; Fees; Appropriation
Description:
Increases the rate of compensation and maximum allowable amounts per case for court-appointed counsel in criminal proceedings. Appropriates moneys.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
|
Date
|
Status
|
|---|---|
| Jun 6, 2025 | Act 199, on 06/06/2025 (Gov. Msg. No. 1299). |
| Jun 6, 2025 | Act 199, 06/06/2025 (Gov. Msg. No. 1299). |
| May 1, 2025 | Transmitted to Governor. |
| May 2, 2025 | Received notice of passage on Final Reading in House (Hse. Com. No. 821). |
| May 1, 2025 | Received notice of Final Reading (Sen. Com. No. 888). |
| Apr 30, 2025 | Passed Final Reading as amended in CD 1 with none voting aye with reservations; none voting no (0) and Representative(s) Cochran, Pierick excused (2). |
| Apr 30, 2025 | Passed Final Reading, as amended (CD 1). Ayes, 25; Aye(s) with reservations: none . 0 No(es): none. 0 Excused: none. |
| Apr 25, 2025 | 48 Hrs. Notice (as amended CD 1) 04-30-25 |
| Apr 25, 2025 | Reported from Conference Committee as amended CD 1 (Conf. Com. Rep. No. 106). |
| Apr 25, 2025 | Forty-eight (48) hours notice Wednesday, 04-30-25. |
| Apr 25, 2025 | Reported from Conference Committee (Conf Com. Rep. No. 106) as amended in (CD 1). |
| Apr 23, 2025 | The Conference committee recommends that the measure be PASSED, WITH AMENDMENTS. The votes of the Senate Conference Managers were as follows: 2 Aye(s): Senator(s) Rhoads, Moriwaki; Aye(s) with reservations: none ; 0 No(es): none; and 1 Excused: Senator(s) Awa. |
| Apr 23, 2025 | The Conference Committee recommends that the measure be Passed, with Amendments. The votes were as follows: 4 Ayes: Representative(s) Tarnas, Kitagawa, Belatti, Garcia; Ayes with reservations: none; 0 Noes: none; and 0 Excused: none. |
| Apr 22, 2025 | Conference Committee Meeting will reconvene on Wednesday 04-23-25 2:15PM in conference room 325. |
| Apr 21, 2025 | Conference Committee Meeting will reconvene on Tuesday 04-22-25 2:05PM in conference room 325. |
| Apr 17, 2025 | Conference Committee Meeting will reconvene on Monday 04-21-25 2:05PM in conference room 325. |
| Apr 16, 2025 | Bill scheduled for Conference Committee Meeting on Thursday, 04-17-25 3:46PM in conference room 325. |
| Apr 15, 2025 | Received notice of Senate conferees (Sen. Com. No. 790). |
| Apr 15, 2025 | Senate Conferees Appointed: Rhoads Chair; Moriwaki Co-Chair; Awa. |
| Apr 15, 2025 | Received notice of appointment of House conferees (Hse. Com. No. 732). |
| Apr 14, 2025 | House Conferees Appointed: Tarnas, Kitagawa Co-Chairs; Belatti, Garcia. |
| Apr 4, 2025 | Received notice of disagreement (Hse. Com. No. 451). |
| Apr 3, 2025 | House disagrees with Senate amendment (s). |
| Apr 2, 2025 | Returned from Senate (Sen. Com. No. 474) in amended form (SD 1). |
| Apr 2, 2025 | Report Adopted; Passed Third Reading. Ayes, 23; Aye(s) with reservations: none. Noes, 0 (none). Excused, 2 (Senator(s) DeCorte, Ihara). Transmitted to House. |
| Apr 1, 2025 | One Day Notice 04-02-25. |
| Apr 1, 2025 | Reported from WAM (Stand. Com. Rep. No. 1471) with recommendation of passage on Third Reading. |
| Mar 28, 2025 | The committee(s) on WAM recommend(s) that the measure be PASSED, UNAMENDED. The votes in WAM were as follows: 11 Aye(s): Senator(s) Dela Cruz, Moriwaki, Aquino, DeCoite, Elefante, Hashimoto, Inouye, Kanuha, Kidani, Kim, Wakai; Aye(s) with reservations: none ; 0 No(es): none; and 2 Excused: Senator(s) Lee, C., Fevella. |
| Mar 25, 2025 | The committee(s) on WAM will hold a public decision making on 03-28-25 10:02AM; Conference Room 211 & Videoconference. |
| Mar 19, 2025 | Report adopted; Passed Second Reading, as amended (SD 1) and referred to WAM. |
| Mar 19, 2025 | Reported from JDC (Stand. Com. Rep. No. 1139) with recommendation of passage on Second Reading, as amended (SD 1) and referral to WAM. |
| Mar 13, 2025 | The committee(s) on JDC recommend(s) that the measure be PASSED, WITH AMENDMENTS. The votes in JDC were as follows: 4 Aye(s): Senator(s) Rhoads, Gabbard, Chang, San Buenaventura; Aye(s) with reservations: none ; 1 No(es): Senator(s) Awa; and 0 Excused: none. |
| Mar 7, 2025 | The committee(s) on JDC has scheduled a public hearing on 03-13-25 9:45AM; Conference Room 016 & Videoconference. |
| Mar 6, 2025 | Referred to JDC, WAM. |
| Mar 6, 2025 | Passed First Reading. |
| Mar 6, 2025 | Received from House (Hse. Com. No. 226). |
| Mar 4, 2025 | Passed Third Reading with none voting aye with reservations; none voting no (0) and Representative(s) Pierick, Ward excused (2). Transmitted to Senate. |
| Feb 28, 2025 | Reported from FIN (Stand. Com. Rep. No. 1134), recommending passage on Third Reading. |
| Feb 25, 2025 | The committee on FIN recommend that the measure be PASSED, UNAMENDED. The votes were as follows: 13 Ayes: Representative(s) Yamashita, Takenouchi, Grandinetti, Holt, Hussey, Keohokapu-Lee Loy, Kitagawa, Lamosao, Lee, M., Miyake, Morikawa, Templo, Alcos; Ayes with reservations: none; Noes: none; and 3 Excused: Representative(s) Kusch, Reyes Oda, Ward. |
| Feb 21, 2025 | Bill scheduled to be heard by FIN on Tuesday, 02-25-25 12:00PM in House conference room 308 VIA VIDEOCONFERENCE. |
| Feb 10, 2025 | Passed Second Reading as amended in HD 1 and referred to the committee(s) on FIN with none voting aye with reservations; none voting no (0) and Representative(s) Belatti, Cochran, Kila, Ward excused (4). |
| Feb 10, 2025 | Reported from JHA (Stand. Com. Rep. No. 287) as amended in HD 1, recommending passage on Second Reading and referral to FIN. |
| Jan 30, 2025 | The committee on JHA recommend that the measure be PASSED, WITH AMENDMENTS. The votes were as follows: 9 Ayes: Representative(s) Tarnas, Poepoe, Belatti, Kahaloa, Perruso, Takayama, Todd, Garcia, Shimizu; Ayes with reservations: none; Noes: none; and 2 Excused: Representative(s) Cochran, Hashem. |
| Jan 24, 2025 | Bill scheduled to be heard by JHA on Thursday, 01-30-25 2:00PM in House conference room 325 VIA VIDEOCONFERENCE. |
| Jan 21, 2025 | Referred to JHA, FIN, referral sheet 1 |
| Jan 17, 2025 | Introduced and Pass First Reading. |
| Jan 16, 2025 | Pending introduction. |
|
Date
|
Description
|
Location
|
Votes
|
|
|---|---|---|---|---|
| Apr 30, 2025 | Final Reading | House Floor |
Passed |
|
| Apr 30, 2025 | Final Reading | Senate Floor |
Passed |
|
| Apr 2, 2025 | Third Reading | Senate Floor |
Passed |
|
| Mar 28, 2025 | The committee(s) on WAM recommend(s) that the measure be PASSED, UNAMENDED | Senate Standing Committee on Ways and Means |
Passed |
|
| Mar 13, 2025 | The committee(s) on JDC recommend(s) that the measure be PASSED, WITH AMENDMENTS | Senate Standing Committee on Judiciary |
Passed |
|
| Mar 4, 2025 | Third Reading | House Floor |
Passed |
|
| Feb 25, 2025 | The committee on FIN recommend that the measure be PASSED, UNAMENDED | House Standing Committee on Finance |
Passed |
|
| Jan 30, 2025 | The committee on JHA recommend that the measure be PASSED, WITH AMENDMENTS | House Standing Committee on Judiciary & Hawaiian Affairs |
Passed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
|
Organization
|
Position
|
Date
|
|---|---|---|
| ACLU of Hawaiʻi | *** Support | Mar 27, 2025 |
| Alcain Naniole & Heflin (Law Office) | *** Support | Jan 30, 2025 |
| Circuit Court of the First Circuit | *** Support | Mar 27, 2025 |
| Department of the Prosecuting Attorney of the City and County of Honolulu | ** Support | |
| Hawaii County Bar Association | *** Support | Feb 25, 2025 |
| Hawaii State Bar Association | ** Support | |
| Kaua‘i County Council | *** Support | Mar 27, 2025 |
| Law Office of Georgette A. Yaindl, LLLC | *** Support | Mar 13, 2025 |
| League of Women Voters of Hawaii | *** Support | Mar 27, 2025 |
| Office of the Prosecuting Attorney of the County of Kauaʻi | ** Support | |
| Office of the Public Defender | ** Support | |
| Schlueter, Kwiat & Kennedy LLLP | *** Support | Feb 25, 2025 |
| The Judiciary, State of Hawai‘i | *** Support | Mar 27, 2025 |
| The Law Office of Aaron K. Wills, LLLC | *** Support | Jan 30, 2025 |
| West Hawaiʻi Bar Association | ** Support | |
| West Hawaii Bar Association | *** Support | Mar 13, 2025 |
| West Hawaii Bar Association | ** Support |
CONFERENCE COMMITTEE REP. NO. 106
Honolulu, Hawaii
, 2025
RE: H.B. No. 396
H.D. 1
S.D. 1
C.D. 1
Honorable Nadine K. Nakamura
Speaker, House of Representatives
Thirty-Third State Legislature
Regular Session of 2025
State of Hawaii
Honorable Ronald D. Kouchi
President of the Senate
Thirty-Third State Legislature
Regular Session of 2025
State of Hawaii
Madam and Sir:
Your Committee on Conference on the disagreeing vote of the House of Representatives to the amendments proposed by the Senate in H.B. No. 396, H.D. 1, S.D. 1, entitled:
"A BILL FOR AN ACT RELATING TO COMPENSATION FOR COURT-APPOINTED COUNSEL,"
having met, and after full and free discussion, has agreed to recommend and does recommend to the respective Houses the final passage of this bill in an amended form.
The purpose of this measure is to increase the rate of compensation and maximum allowable amounts per case for court-appointed counsel in criminal proceedings.
Your Committee on Conference has amended this measure by:
(1) Inserting an appropriation amount of $2,890,000 for each fiscal year of the 2025-2027 Fiscal Biennium; and
(2) Changing the effective date to July 1, 2025.
As affirmed by the record of votes of the managers of your Committee on Conference that is attached to this report, your Committee on Conference is in accord with the intent and purpose of H.B. No. 396, H.D. 1, S.D. 1, as amended herein, and recommends that it pass Final Reading in the form attached hereto as H.B. No. 396, H.D. 1, S.D. 1, C.D. 1.
Respectfully submitted on behalf of the managers:
|
ON THE PART OF THE SENATE |
|
ON THE PART OF THE HOUSE |
|
____________________________ KARL RHOADS Chair |
|
____________________________ DAVID A. TARNAS Co-Chair |
|
____________________________ SHARON MORIWAKI Co-Chair |
|
____________________________ LISA KITAGAWA Co-Chair |
|
|
|
|
|
|
|
|
STAND. COM. REP. NO. 1471
Honolulu, Hawaii
RE: H.B. No. 396
H.D. 1
S.D. 1
Honorable Ronald D. Kouchi
President of the Senate
Thirty-Third State Legislature
Regular Session of 2025
State of Hawaii
Sir:
Your Committee on Ways and Means, to which was referred H.B. No. 396, H.D. 1, S.D. 1, entitled:
"A BILL FOR AN ACT RELATING TO COMPENSATION FOR COURT-APPOINTED COUNSEL,"
begs leave to report as follows:
The purpose and intent of this measure is to increase the rate of compensation and maximum allowable amounts per case for court-appointed counsel in criminal proceedings.
Your Committee received written comments in support of this measure from the Judiciary; Office of the Kauai County Clerk, Council Services Division; League of Women Voters of Hawaii; and American Civil Liberties Union of Hawaii.
Your Committee received written comments on this measure from the Department of Budget and Finance.
Your Committee finds that increasing the compensation for court-appointed counsel in criminal proceedings will help protect the constitutional right to counsel and support access to justice by allowing the State to recruit and retain attorneys who are qualified, experienced, and willing to be appointed to represent defendants in criminal matters.
As affirmed by the record of votes of the members of your Committee on Ways and Means that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 396, H.D. 1, S.D. 1, and recommends that it pass Third Reading.
Respectfully submitted on behalf of the members of the Committee on Ways and Means,
|
|
|
________________________________ DONOVAN M. DELA CRUZ, Chair |
|
|
|
|
STAND. COM. REP. NO. 1139
Honolulu, Hawaii
RE: H.B. No. 396
H.D. 1
S.D. 1
Honorable Ronald D. Kouchi
President of the Senate
Thirty-Third State Legislature
Regular Session of 2025
State of Hawaii
Sir:
Your Committee on Judiciary, to which was referred H.B. No. 396, H.D. 1, entitled:
"A BILL FOR AN ACT RELATING TO COMPENSATION FOR COURT-APPOINTED COUNSEL,"
begs leave to report as follows:
The purpose and intent of this measure is to increase the rate of compensation and maximum allowable amounts per case for courtappointed counsel in criminal proceedings.
Your Committee received testimony in support of this measure from the Judiciary, Office of the Public Defender, Hawaii State Bar Association, West Hawaii Bar Association, and ten individuals.
Your Committee received comments on this measure from the Department of Budget and Finance.
Your Committee finds that over the last decade there has been a dramatic decrease in qualified applicants to the court-appointed lists of each circuit, which has in turn caused a shortage of available qualified and competent counsel to take indigent defendant criminal cases statewide. Your Committee further finds that the primary factor driving this reduction is the low hourly rate of pay offered for these cases. In order to attract skilled and experienced individuals to serve as appointed counsel for these defendants, your Committee believes that the State must ensure that appointed counsel are adequately compensated for their work. This measure will aid in recruiting and retaining counsel who are qualified, experienced, and willing to be appointed in criminal proceedings.
Your Committee has amended this measure by inserting an effective date of April 23, 2057, to encourage further discussion.
Your Committee notes that this measure contains an unspecified appropriation amount. Should your Committee on Ways and Means choose to deliberate on this measure, your Committee respectfully requests that it consider inserting an appropriation amount of $2,890,000 to increase the rate of compensation and maximum allowable amounts per case for court-appointed counsel in criminal proceedings.
As affirmed by the record of votes of the members of your Committee on Judiciary that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 396, H.D. 1, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 396, H.D. 1, S.D. 1, and be referred to your Committee on Ways and Means.
Respectfully submitted on behalf of the members of the Committee on Judiciary,
|
|
|
________________________________ KARL RHOADS, Chair |
|
|
|
|
STAND. COM. REP. NO. 1134
Honolulu, Hawaii
, 2025
RE: H.B. No. 396
H.D. 1
Honorable Nadine K. Nakamura
Speaker, House of Representatives
Thirty-Third State Legislature
Regular Session of 2025
State of Hawaii
Madame:
Your Committee on Finance, to which was referred H.B. No. 396, H.D. 1, entitled:
"A BILL FOR AN ACT RELATING TO COMPENSATION FOR COURT-APPOINTED COUNSEL,"
begs leave to report as follows:
Your Committee received testimony in support of this measure from the Office of the Public Defender; League of Women Voters of Hawaii; West Hawaiʻi Bar Association; Hawaii State Bar Association; and numerous individuals. Your Committee received comments on this measure from the Judiciary and Schlueter, Kwiat & Kennedy LLLP.
As affirmed by the record of votes of the members of your Committee on Finance that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 396, H.D. 1, and recommends that it pass Third Reading.
Respectfully submitted on behalf of the members of the Committee on Finance,
|
|
|
____________________________ KYLE T. YAMASHITA, Chair |
|
|
|
|
STAND. COM. REP. NO. 287
Honolulu, Hawaii
, 2025
RE: H.B. No. 396
H.D. 1
Honorable Nadine K. Nakamura
Speaker, House of Representatives
Thirty-Third State Legislature
Regular Session of 2025
State of Hawaii
Madame:
Your Committee on Judiciary & Hawaiian Affairs, to which was referred H.B. No. 396 entitled:
"A BILL FOR AN ACT RELATING TO COMPENSATION FOR COURT-APPOINTED COUNSEL,"
begs leave to report as follows:
Your Committee received testimony in support of this measure from the Judiciary; Office of the Public Defender; Department of the Prosecuting Attorney of the City and County of Honolulu; Office of the Prosecuting Attorney of the County of Kauaʻi; Hawaii State Bar Association; and numerous individuals.
Your Committee finds that most indigent criminal defendants have a right to representation by competent counsel appointed by the court. Usually, these defendants are represented by the Office of the Public Defender. However, in the event of a conflict, the defendant has a right to the appointment of private defense counsel.
Your Committee further finds that the existing rate of pay has not been adjusted in almost twenty years. This measure will adjust the rate of compensation to attract competent individuals to serve as appointed counsel for these defendants.
Your Committee has amended this measure by:
(1) Changing the appropriation to an unspecified amount;
(2) Changing the effective date to July 1, 3000, to encourage further discussion; and
(3) Making technical, nonsubstantive amendments for the purposes of clarity, consistency, and style.
Your Committee respectfully requests your Committee on Finance, should it deliberate on this measure, to consider an appropriation amount of $2,890,000.
As affirmed by the record of votes of the members of your Committee on Judiciary & Hawaiian Affairs that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 396, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 396, H.D. 1, and be referred to your Committee on Finance.
Respectfully submitted on behalf of the members of the Committee on Judiciary & Hawaiian Affairs,
|
|
|
____________________________ DAVID A. TARNAS, Chair |
|
|
|
|
|
Date
|
Testimony PDF
|
|---|---|
| Mar 27, 2025 | HB396_SD1_TESTIMONY_WAM_03-28-25_.PDF |
| Mar 13, 2025 | HB396_HD1_TESTIMONY_JDC_03-13-25_.PDF |
| Feb 25, 2025 | HB396_HD1_TESTIMONY_FIN_02-25-25_.PDF |
| Jan 30, 2025 | HB396_TESTIMONY_JHA_01-30-25_.PDF |
Discussed in Hearing
2MIN
Conference Committee
59SEC
Conference Committee
42SEC
Conference Committee
2MIN
Conference Committee
13MIN
Senate Standing Committee on Judiciary
13MIN
Senate Standing Committee on Public Safety and Military Affairs
18MIN
House Standing Committee on Finance
23MIN
House Standing Committee on Judiciary & Hawaiian Affairs
Bill Author
Bill Co-Author(s):