SB 263: RELATING TO COMPENSATION FOR COURT-APPOINTED COUNSEL.

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 $           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  Statutory material to be repealed is bracketed and stricken.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.

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.

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.

STAND. COM. REP. NO. 24

Honolulu, Hawaii

RE:    S.B. No. 263

       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 S.B. No. 263 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:

     (1)  Increase the rate of compensation and maximum allowable amounts per case for court-appointed counsel in criminal proceedings; and

     (2)  Appropriate funds.

     Your Committee received testimony in support of this measure from the Judiciary, Office of the Public Defender, Office of the Prosecuting Attorney of the County of Kauaʻi, one member of the Kauaʻi County Council, Hawaii State Bar Association, Hawaiʻi Association of Criminal Defense Lawyers, ACLU Hawaiʻi, Hawaii County Bar Association, Hawaii Coalition for Child Protective Reform, and six individuals.

     Your Committee finds that indigent criminal defendants have a right to representation by competent counsel appointed by the court, usually by the Office of the Public Defender.  However, in cases where there is, or there arises, a conflict between the defendant and the Office of the Public Defender, the defendant has a right to the appointment of a private defense counsel.  This measure will attract competent individuals to serve as appointed counsel for qualified criminal defendants by ensuring that appointed counsel are adequately compensated for their work.

     Your Committee has amended this measure by:

     (1)  Changing the appropriation to an unspecified amount; and

     (2)  Inserting an effective date of April 23, 2057, to encourage further discussion.

     Your Committee notes that this measure, as amended, 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 S.B. No. 263, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 263, 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,