STAND. COM. REP. NO. 842

Honolulu, Hawaii

, 2005

RE: S.B. No. 1317

S.D. 1

 

 

Honorable Robert Bunda

President of the Senate

Twenty-Third State Legislature

Regular Session of 2005

State of Hawaii

Sir:

Your Committee on Ways and Means, to which was referred S.B. No. 1317 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 rate and total amount of compensation payable to an attorney appointed by the court to represent an indigent criminal defendant or juvenile in any stage of a judicial or administrative proceeding, including appeal.

Under current law, court-appointed attorneys are paid $40 per hour for out-of-court services and $60 per hour for services performed in court. Current law also sets a maximum amount that can be paid to the attorney based on the grade of offense and type of proceeding. For example, the maximum amount for a felony case is currently $3,000, while the maximum amount for a petty misdemeanor case is $450. This bill would increase the hourly rate to $90, the same rate paid to appointed counsel in federal criminal proceedings, and increase the total amount of compensation payable in any given case.

Your Committee finds that the current rates have not been increased since 1987 and are insufficient to ensure constitutionally adequate legal representation. The courts have found it difficult to find competent attorneys to accept complex cases and cases on appeal. This difficulty has resulted in increased claims of ineffective assistance of counsel and appellate caseloads.

Your Committee has amended the bill by increasing the maximum amounts payable in any given case. Under current law, there is a correlation between the hourly rate and the total compensation payable. For example, appeals are compensable at a maximum of $2,500, which represents 62.5 hours of work at the rate of $40 per hour. As received by your Committee, this bill would increase the hourly rate to $90 but the total amount payable for an appeal would be increased only to $3,125, which represents 34.72 hours of work at the new hourly rate. Accordingly, your Committee has amended the bill by increasing the maximum payable compensation in the same proportion to the hourly rate as is provided under current law. For example, appeals would be compensable at a maximum of $5,625. Figures have been rounded down to the closest $25.

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 S.B. No. 1317, as amended herein, and recommends that it pass Third Reading in the form attached hereto as S.B. No. 1317, S.D. 1.

Respectfully submitted on behalf of the members of the Committee on Ways and Means,

____________________________

BRIAN T. TANIGUCHI, Chair