SB 265: RELATING TO COMPENSATION FOR COURT-APPOINTED REPRESENTATION.

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  Statutory material to be repealed is bracketed and stricken.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.

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.

STAND. COM. REP. NO. 25

Honolulu, Hawaii

RE:    S.B. No. 265

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. 265 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, one member of the Kauaʻi County Council, ACLU Hawaiʻi, Hawaii State Bar Association, Legal Aid Society of Hawaiʻi, Hawaii Coalition for Child Protective Reform, and two individuals.

     Your Committee finds that guardians ad litem perform a critical role in a wide range of family court cases, such as representing the best interest of children who have been abused or neglected in Child Protective Act cases; involuntary hospitalization proceedings; and all assisted community treatment proceedings initiated pursuant to section 334-123, Hawaii Revised Statutes.  Your Committee also finds that court appointed attorneys play a similarly critical role in family court cases by providing constitutionally-mandated representation to individuals whose parental rights are at stake in Child Protective Act cases and to minors who have been charged with law violations.  Your Committee believes that, due to the complexity and important nature of these cases, it is in the community's best interest to attract and retain highly competent individuals to serve as guardians ad litem and court appointed attorneys in family court cases.  This measure will increase the pool of individuals willing and able to perform the critical work of guardians ad litem and court appointed attorneys in family court cases and allow the family court to hear cases without unnecessary delay by enhancing the rates at which the Judiciary can compensate guardians ad litem and court appointed attorneys

     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. 265 and recommends that it pass Second Reading and be referred to your Committee on Ways and Means.

Respectfully submitted on behalf of the members of the Committee on Judiciary,