HB 398: Judiciary Package; Family Courts; Court-Appointed Counsel; Guardians Ad Litem; Fees
- Session Year: 2025-2026
- House: House
- Latest Version Date: 2025-04-24
Current Status:
In Progress
(2025-06-26: Act 230, on 06/26/2025 (Gov. Msg. No. 1332).)
Introduced
In Committee
First Chamber
In Committee
Second Chamber
Final Decking
Enacted
What does this bill do?
This bill raises pay rates and per‑case fee caps for court‑appointed lawyers and guardians ad litem (people appointed to represent a childs interests) in family court cases. It increases attorney pay from $90 to $150 per hour, non‑attorney pay from $60 to $122 per hour, and raises maximum case fees in specified family matters (predisposition to $5,500, postdisposition review to $2,000, and other listed family cases to $5,500).
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 and guardians ad litem in family court proceedings. (CD1)
Increases the rate of compensation and maximum allowable amounts per case for court-appointed counsel and guardians ad litem in family court proceedings. Effective 7/1/2050. (SD2)
Increases the rate of compensation and maximum allowable amounts per case for court-appointed counsel and guardians ad litem in family court proceedings. (SD1)
Increases the rate of compensation and maximum allowable amounts per case for court-appointed counsel and guardians ad litem in family court proceedings. Effective 7/1/3000. (HD1)
Increases the rate of compensation and maximum allowable amounts per case for court-appointed counsel and guardians ad litem in family court proceedings.
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
398 |
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THIRTY-THIRD LEGISLATURE, 2025 |
H.D. 1 |
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STATE OF HAWAII |
S.D. 2 |
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C.D. 1 |
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A BILL FOR AN ACT
RELATING TO COMPENSATION FOR COURT-APPOINTED REPRESENTATION.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 571-87, Hawaii Revised Statutes, is amended by amending subsections (b) and (c) to read as follows:
"(b) The court shall determine the amount of
reasonable compensation paid to appointed counsel and [guardian] guardians
ad litem, based on the following rates:
(1) [$90] $150 an hour for in-court or
out-of-court services provided by an attorney licensed to practice law in
the State; and
(2) [$60] $122 an hour for[:
(A) Out-of-court services provided by an
attorney licensed to practice law in the State; and
(B) All] all services provided by a
person who is not an attorney licensed to practice law in the State, whether
performed in-court or out‑of‑court.
(c) The maximum allowable fee shall not exceed the following schedule:
(1) Cases arising under chapters [[587A] and]
346, part X[:], and 587A:
(A) Predisposition
. . . . . . . . . . . . . . [$3,000;] $5,500; and
(B) Postdisposition
review hearing . . . . . . [$1,000;] $2,000; and
(2) Cases arising under chapters 560, 571, 580,
and 584 . . . . . . . . . . . . .. . . . . . . . . [$3,000.] $5,500.
Payments in excess of any maximum provided for under paragraphs (1) and (2) may be made whenever the court in which the representation was rendered certifies, based upon representations of extraordinary circumstances, attested to by the applicant, that the amount of the excess payment is necessary to provide fair compensation in light of those circumstances, and the payment is approved by the administrative judge of that court."
SECTION 2. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 3. This Act shall take effect upon its approval.
Report Title:
Judiciary Package; Family Courts; Court-Appointed Counsel; Guardians Ad Litem; Fees
Description:
Increases the rate of compensation and maximum allowable amounts per case for court-appointed counsel and guardians ad litem in family court proceedings. (CD1)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
398 |
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THIRTY-THIRD LEGISLATURE, 2025 |
H.D. 1 |
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STATE OF HAWAII |
S.D. 2 |
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A BILL FOR AN ACT
RELATING TO COMPENSATION FOR COURT-APPOINTED REPRESENTATION.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 571-87, Hawaii Revised Statutes, is amended by amending subsections (b) and (c) to read as follows:
"(b) The court shall determine the amount of
reasonable compensation paid to appointed counsel and [guardian] guardians
ad litem, based on the following rates:
(1) [$90] $150 an hour for in-court or
out-of-court services provided by an attorney licensed to practice law in
the State; and
(2) [$60] $122 an hour for[:
(A) Out-of-court services provided by an
attorney licensed to practice law in the State; and
(B) All] all services provided by a
person who is not an attorney licensed to practice law in the State, whether
performed in-court or out‑of‑court.
(c) The maximum allowable fee shall not exceed the following schedule:
(1) Cases arising under chapters [[587A] and]
346, part X[:], and 587A:
(A) Predisposition
. . . . . . . . . . . . . . [$3,000;] $5,500; and
(B) Postdisposition
review hearing . . . . . . [$1,000;] $2,000; and
(2) Cases arising under chapters 560, 571, 580,
and 584 . . . . . . . . . . . . .. . . . . . . . . [$3,000.] $5,500.
Payments in excess of any maximum provided for under paragraphs (1) and (2) may be made whenever the court in which the representation was rendered certifies, based upon representations of extraordinary circumstances, attested to by the applicant, that the amount of the excess payment is necessary to provide fair compensation in light of those circumstances, and the payment is approved by the administrative judge of that court."
SECTION 2. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 3. This Act shall take effect on July 1, 2050.
Report Title:
Judiciary Package; Family Courts; Court-Appointed Counsel; Guardians Ad Litem; Fees
Description:
Increases the rate of compensation and maximum allowable amounts per case for court-appointed counsel and guardians ad litem in family court proceedings. Effective 7/1/2050. (SD2)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
398 |
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THIRTY-THIRD LEGISLATURE, 2025 |
H.D. 1 |
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STATE OF HAWAII |
S.D. 1 |
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A BILL FOR AN ACT
RELATING TO COMPENSATION FOR COURT-APPOINTED REPRESENTATION.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 571-87, Hawaii Revised Statutes, is amended by amending subsections (b) and (c) to read as follows:
"(b) The court shall determine the amount of
reasonable compensation paid to appointed counsel and [guardian] guardians
ad litem, based on the following rates:
(1) [$90] $150 an hour for in-court or
out-of-court services provided by an attorney licensed to practice law in
the State; and
(2) [$60] $122 an hour for[:
(A) Out-of-court services provided by an
attorney licensed to practice law in the State; and
(B) All] all services provided by a
person who is not an attorney licensed to practice law in the State, whether
performed in-court or out‑of‑court.
(c) The maximum allowable fee shall not exceed the following schedule:
(1) Cases arising under chapters [[587A] and]
346, part X[:], and 587A:
(A) Predisposition
. . . . . . . . . . . . . . [$3,000;] $5,500; and
(B) Postdisposition
review hearing . . . . . . [$1,000;] $2,000; and
(2) Cases arising under chapters 560, 571, 580,
and 584 . . . . . . . . . . . . .. . . . . . . . . [$3,000.] $5,500.
Payments in excess of any maximum provided for under paragraphs (1) and (2) may be made whenever the court in which the representation was rendered certifies, based upon representations of extraordinary circumstances, attested to by the applicant, that the amount of the excess payment is necessary to provide fair compensation in light of those circumstances, and the payment is approved by the administrative judge of that court."
SECTION 2.
Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 3. This Act shall take effect upon its approval.
Report Title:
Judiciary Package; Family Courts; Court-Appointed Counsel; Guardians Ad Litem; Fees
Description:
Increases the rate of compensation and maximum allowable amounts per case for court-appointed counsel and guardians ad litem in family court proceedings. (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. |
398 |
|
THIRTY-THIRD LEGISLATURE, 2025 |
H.D. 1 |
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STATE OF HAWAII |
|
|
|
|
|
|
|
|
||
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|
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A BILL FOR AN ACT
RELATING TO COMPENSATION FOR COURT-APPOINTED REPRESENTATION.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 571-87, Hawaii Revised Statutes, is amended by amending subsections (b) and (c) to read as follows:
"(b) The court shall determine the amount of
reasonable compensation paid to appointed counsel and [guardian] guardians
ad litem, based on the following rates:
(1) [$90] $150 an hour for in-court or
out-of-court services provided by an attorney licensed to practice law in
the State; and
(2) [$60] $122 an hour for[:
(A) Out-of-court services provided by an
attorney licensed to practice law in the State; and
(B) All] all services provided by a
person who is not an attorney licensed to practice law in the State, whether
performed in-court or out‑of‑court.
(c) The maximum allowable fee shall not exceed the following schedule:
(1) Cases arising under chapters [[587A] and]
346, part X[:], and 587A:
(A) Predisposition
. . . . . . . . . . . . . . [$3,000;] $5,500; and
(B) Postdisposition
review hearing . . . . . . [$1,000;] $2,000; and
(2) Cases arising under chapters 560, 571, 580,
and 584 . . . . . . . . . . . . .. . . . . . . . . [$3,000.] $5,500.
Payments in excess of any maximum provided for under paragraphs (1) and (2) may be made whenever the court in which the representation was rendered certifies, based upon representations of extraordinary circumstances, attested to by the applicant, that the amount of the excess payment is necessary to provide fair compensation in light of those circumstances, and the payment is approved by the administrative judge of that court."
SECTION 2.
Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 3. This Act shall take effect on July 1, 3000.
Report Title:
Judiciary Package; Family Courts; Court-Appointed Counsel; Guardians Ad Litem; Fees
Description:
Increases the rate of compensation and maximum allowable amounts per case for court-appointed counsel and guardians ad litem in family court proceedings. 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. |
398 |
|
THIRTY-THIRD LEGISLATURE, 2025 |
|
|
|
STATE OF HAWAII |
|
|
|
|
|
|
|
|
||
|
|
||
A BILL FOR AN ACT
Relating to Compensation for Court-Appointed Representation.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 571-87, Hawaii Revised Statutes, is amended by amending subsections (b} and (c) to read as follows:
"(b) The court shall determine the amount of reasonable compensation paid to appointed counsel and guardian ad litem, based on the following rates:
(1) [$90] $150 an hour for in-court or
out-of-court services provided by an attorney licensed to practice law in
the State; and
(2) [$60] $122 an hour for[:
(A) Out-of-court services provided by an
attorney licensed to practice law in the State; and
(B) All] all services provided by a
person who is not an attorney licensed to practice law in the State, whether
performed in-court or out‑of‑court.
(c) The maximum allowable fee shall not exceed the following schedule:
(1) Cases arising under chapters [[]587A[]]
and 346, part X:
(A) Predisposition
. . . . . . . . . . . . . . [$3,000;] $5,500; and
(B) Postdisposition
review hearing . . . . . . [$1,000;] $2,000; and
(2) Cases arising under chapters 560, 571, 580,
and 584 . . . . . . . . . . . . .. . . . . . . . . [$3,000.] $5,500.
Payments in excess of any maximum provided for under paragraphs (1) and (2) may be made whenever the court in which the representation was rendered certifies, based upon representations of extraordinary circumstances, attested to by the applicant, that the amount of the excess payment is necessary to provide fair compensation in light of those circumstances, and the payment is approved by the administrative judge of that court."
SECTION 2. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 3. This Act shall take effect upon its approval.
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INTRODUCED BY: |
_____________________________ |
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By Request |
Report Title:
Judiciary Package; Family Courts; Court-Appointed Counsel; Guardian Ad Litem; Fees
Description:
Increases the rate of compensation and maximum allowable amounts per case for court-appointed counsel and guardians ad litem in family court proceedings.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
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Date
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Status
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|---|---|
| Jun 26, 2025 | Act 230, on 06/26/2025 (Gov. Msg. No. 1332). |
| Jun 26, 2025 | Act 230, 06/26/2025 (Gov. Msg. No. 1332). |
| 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. Noes, 0 (none). Excused, 0 (none). |
| Apr 24, 2025 | 48 Hrs. Notice (as amended CD 1) 04-30-25 |
| Apr 24, 2025 | Reported from Conference Committee as amended CD 1 (Conf. Com. Rep. No. 60). |
| Apr 24, 2025 | Forty-eight (48) hours notice Wednesday, 04-30-25. |
| Apr 24, 2025 | Reported from Conference Committee (Conf Com. Rep. No. 60) 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: 3 Aye(s): Senator(s) Rhoads, Moriwaki, Fevella; Aye(s) with reservations: none ; 0 No(es): none; and 0 Excused: none. |
| 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; Fevella. |
| 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 8, 2025 | Received notice of disagreement (Hse. Com. No. 559). |
| Apr 4, 2025 | House disagrees with Senate amendment (s). |
| Apr 3, 2025 | Returned from Senate (Sen. Com. No. 541) in amended form (SD 2). |
| Apr 3, 2025 | Report Adopted; Passed Third Reading, as amended (SD 2). Ayes, 23; Aye(s) with reservations: none. Noes, 2 (Senator(s) Awa, DeCorte). Excused, 0 (none). Transmitted to House. |
| Apr 1, 2025 | 48 Hrs. Notice 04-03-25. |
| Apr 1, 2025 | Reported from WAM (Stand. Com. Rep. No. 1480) with recommendation of passage on Third Reading, as amended (SD 2). |
| Mar 28, 2025 | The committee(s) on WAM recommend(s) that the measure be PASSED, WITH AMENDMENTS. 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. 1140) 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. 227). |
| 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. 1135), 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. 289) 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. |
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Date
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Description
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Location
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Votes
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| Apr 30, 2025 | Final Reading | House Floor |
Passed |
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| Apr 30, 2025 | Final Reading | Senate Floor |
Passed |
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| Apr 3, 2025 | Third Reading | Senate Floor |
Passed |
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| Mar 28, 2025 | The committee(s) on WAM recommend(s) that the measure be PASSED, WITH AMENDMENTS | Senate Standing Committee on Ways and Means |
Passed |
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| Mar 13, 2025 | The committee(s) on JDC recommend(s) that the measure be PASSED, WITH AMENDMENTS | Senate Standing Committee on Judiciary |
Passed |
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| Mar 4, 2025 | Third Reading | House Floor |
Passed |
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| Feb 25, 2025 | The committee on FIN recommend that the measure be PASSED, UNAMENDED | House Standing Committee on Finance |
Passed |
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| 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.
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Organization
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Position
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Date
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|---|---|---|
| ACLU of Hawai‘i | *** Support | Mar 27, 2025 |
| Department of Human Services | *** Support | Mar 27, 2025 |
| Department of the Prosecuting Attorney of the City and County of Honolulu | ** Support | |
| Hawaii Coalition for Child Protective Reform | ** Support | |
| Hawaii State Bar Association (HSBA) | *** Support | Mar 27, 2025 |
| Kaua‘i County Council | *** Support | Mar 27, 2025 |
| Legal Aid Society of Hawaiʻi | ** Support | |
| Office of the Public Defender | ** Support | |
| State Council on Developmental Disabilities | *** Support | Mar 27, 2025 |
| State Council on Developmental Disabilities | ** Support | |
| State of Hawai‘i | *** Support | Feb 25, 2025 |
| The Judiciary, State of Hawai‘i | *** Support | Mar 27, 2025 |
| The Law Office of Aaron K. Willis, LLLC | ** Support | |
| The Law Office of Aaron K. Wills, LLLC | *** Support | Feb 25, 2025 |
| West Hawaii Bar Association | ** Support | |
| West Hawaii Bar Association | *** Support | Mar 13, 2025 |
| West Hawaiʻi Bar Association | ** Support |
CONFERENCE COMMITTEE REP. NO. 60
Honolulu, Hawaii
, 2025
RE: H.B. No. 398
H.D. 1
S.D. 2
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. 398, H.D. 1, S.D. 2, entitled:
"A BILL FOR AN ACT RELATING TO COMPENSATION FOR COURT-APPOINTED REPRESENTATION,"
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 and guardians ad litem in Family Court proceedings.
Your Committee on Conference has amended this measure by changing the effective date to upon approval.
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. 398, H.D. 1, S.D. 2, as amended herein, and recommends that it pass Final Reading in the form attached hereto as H.B. No. 398, H.D. 1, S.D. 2, C.D. 1.
Respectfully submitted on behalf of the managers:
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ON THE PART OF THE SENATE |
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ON THE PART OF THE HOUSE |
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____________________________ KARL RHOADS Chair |
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____________________________ DAVID A. TARNAS Co-Chair |
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____________________________ SHARON MORIWAKI Co-Chair |
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____________________________ LISA KITAGAWA Co-Chair |
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STAND. COM. REP. NO. 1480
Honolulu, Hawaii
RE: H.B. No. 398
H.D. 1
S.D. 2
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. 398, H.D. 1, S.D. 1, entitled:
"A BILL FOR AN ACT RELATING TO COMPENSATION FOR COURT-APPOINTED REPRESENTATION,"
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 and guardians ad litem in family court proceedings.
Your Committee received written comments in support of this measure from the Judiciary; Department of Human Services; Office of the Kauai County Clerk, Council Services Division; State Council on Developmental Disabilities; Hawaii State Bar Association; and American Civil Liberties Union of Hawaii.
Your Committee finds that increasing the compensation for court-appointed counsel and guardians ad litem in family court proceedings will help ensure qualified representation and access to justice for some of the State's most vulnerable residents.
Your Committee has amended this measure by changing the effective date to July 1, 2050, to facilitate further discussion on the measure.
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. 398, H.D. 1, S.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as H.B. No. 398, H.D. 1, S.D. 2.
Respectfully submitted on behalf of the members of the Committee on Ways and Means,
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________________________________ DONOVAN M. DELA CRUZ, Chair |
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STAND. COM. REP. NO. 1140
Honolulu, Hawaii
RE: H.B. No. 398
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. 398, H.D. 1, entitled:
"A BILL FOR AN ACT RELATING TO COMPENSATION FOR COURT-APPOINTED REPRESENTATION,"
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 and guardians ad litem in family court proceedings.
Your Committee received testimony in support of this measure from the Judiciary, Department of Human Services, Office of the Public Defender, State Council on Developmental Disabilities, Hawaii Coalition for Child Protective Reform, Hawaii State Bar Association, West Hawaii Bar Association, and seven individuals.
Your Committee finds that guardians ad litem and court-appointed attorneys play critical roles in family court cases, with their work requiring significant expertise and experience to handle extremely complex cases. Your Committee further finds that the pool of individuals who are willing and able to serve as guardians ad litem and court-appointed attorneys is small. For example, in the First Circuit, there are only two individuals who are consistently willing and available to be appointed as guardians ad litem in involuntary hospitalization cases and only four attorneys who are under contracts to represent parents, down from six attorneys last year. Your Committee believes that it is in the community's best interest to attract and retain highly competent individuals as guardians ad litem and court-appointed attorneys in family court cases, and that a significant increase in the rates at which the Judiciary can compensate potential guardians ad litem and appointed counsel will help increase the pool of individuals willing and able to perform this critical work. This measure will ensure that parties in these important cases have access to representation and will allow the family courts to hear these cases without unnecessary delay.
Your Committee has amended this measure by making it effective upon its approval.
Your Committee notes that any additional budget requests to fund the increased rate of compensation and maximum allowable amounts per case for court-appointed counsel and guardians ad litem in family court proceedings established by this measure should come from the normal budget process, rather than by appropriation.
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. 398, H.D. 1, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 398, 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,
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________________________________ KARL RHOADS, Chair |
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STAND. COM. REP. NO. 1135
Honolulu, Hawaii
, 2025
RE: H.B. No. 398
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. 398, H.D. 1, entitled:
"A BILL FOR AN ACT RELATING TO COMPENSATION FOR COURT-APPOINTED REPRESENTATION,"
begs leave to report as follows:
Your Committee received testimony in support of this measure from the Judiciary; Department of Human Services; Office of the Public Defender; State Council on Developmental Disabilities; Hawaii Coalition for Child Protective Reform; The Law Office of Aaron K. Willis, LLLC; West Hawaiʻi Bar Association; Hawaii State Bar Association; Legal Aid Society of Hawaiʻi; and seven individuals.
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. 398, H.D. 1, and recommends that it pass Third Reading.
Respectfully submitted on behalf of the members of the Committee on Finance,
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____________________________ KYLE T. YAMASHITA, Chair |
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STAND. COM. REP. NO. 289
Honolulu, Hawaii
, 2025
RE: H.B. No. 398
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. 398 entitled:
"A BILL FOR AN ACT RELATING TO COMPENSATION FOR COURT-APPOINTED REPRESENTATION,"
begs leave to report as follows:
Your Committee finds that court-appointed guardians ad litem perform a critical role in a wide range of family court cases, including representing the best interest of children in child protective cases or child custody matters and representing persons in involuntary hospitalization and assisted community treatment proceedings. The subjects of these proceedings are the most vulnerable members of the community who are frequently unable to advocate for themselves or meaningfully participate in court proceedings.
Your Committee further finds that court-appointed attorneys play a similar role in family court cases. These court-appointed attorneys provide constitutionally mandated representation to individuals whose parental rights are at stake in child protective cases and to minors who have been charged with violations of the law.
The work court-appointed guardians ad litem and counsel perform can be quite complex and is extremely important. It requires expertise and experience. This measure will help attract and retain highly competent individuals to serve as court-appointed guardians ad litem and counsel in family court cases.
Your Committee has amended this measure by:
(1) Changing the effective date to July 1, 3000, to encourage further discussion; and
(2) Making technical, nonsubstantive amendments for the purposes of clarity, consistency, and style.
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. 398, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 398, 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,
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____________________________ DAVID A. TARNAS, Chair |
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Date
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Testimony PDF
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| Mar 27, 2025 | HB398_SD1_TESTIMONY_WAM_03-28-25_.PDF |
| Mar 13, 2025 | HB398_HD1_TESTIMONY_JDC_03-13-25_.PDF |
| Feb 25, 2025 | HB398_HD1_TESTIMONY_FIN_02-25-25_.PDF |
| Jan 30, 2025 | HB398_TESTIMONY_JHA_01-30-25_.PDF |
Discussed in Hearing
2MIN
Senate Floor
1MIN
Conference Committee
42SEC
Conference Committee
1MIN
Conference Committee
1MIN
Conference Committee
32SEC
Senate Floor
22MIN
Senate Standing Committee on Judiciary
22MIN
Senate Standing Committee on Public Safety and Military Affairs
Bill Author
Bill Co-Author(s):