STAND. COM. REP. NO.37

Honolulu, Hawaii

, 2003

RE: S.B. No. 611

 

 

Honorable Robert Bunda

President of the Senate

Twenty-Second State Legislature

Regular Session of 2003

State of Hawaii

Sir:

Your Committee on Judiciary and Hawaiian Affairs, to which was referred S.B. No. 611 entitled:

"A BILL FOR AN ACT RELATING TO COURT APPOINTED COUNSEL,"

begs leave to report as follows:

The purpose of this measure is to increase the hourly rate of compensation and certain maximum fees for court appointed counsel.

Your Committee received testimony in support of this measure from the Judiciary, the Office of the Public Defender, the Hawaii State Bar Association, the Hawaii Association of Criminal Defense Lawyers, and a criminal defense attorney. The Department of Budget and Finance commented on the bill.

Your Committee finds that court appointed criminal defense attorneys are compensated at a rate of $40 per hour for out-of-court services and $60 per hour for in-court services. It has been fifteen years since the last rate increase.

Your Committee further finds that many competent attorneys decline to take court-appointed cases because of the economic realities of running a private law practice. For this reason, it is becoming increasingly difficult for the Judiciary to find attorneys willing to accept complex cases on a court-appointed basis. This bill addresses this problem.

As affirmed by the record of votes of the members of your Committee on Judiciary and Hawaiian Affairs that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 611 and recommends that it pass Second Reading and be referred to the Committee on Ways and Means.

Respectfully submitted on behalf of the members of the Committee on Judiciary and Hawaiian Affairs,

____________________________

COLLEEN HANABUSA, Chair