Report Title:
Court-Appointed Counsel & Guardian Ad Litem Fees; Family Court;
Description:
Increases fees for court-appointed counsel and guardians ad litem in family court cases. (HB1211 HD1)
HOUSE OF REPRESENTATIVES |
H.B. NO. |
1211 |
TWENTY-FOURTH LEGISLATURE, 2007 |
H.D. 1 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to family court.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 571-87, Hawaii Revised Statutes, is amended to read as follows:
"§571-87
Appointment of counsel and guardian ad litem; compensation. (a) When it
appears to a judge that a person requesting the appointment of counsel
satisfies the requirements of chapter 802 for determination of indigency, or
the court in its discretion appoints counsel under chapters 587 and 346, part
X, or that a person requires appointment of a guardian ad litem, the judge
shall appoint counsel or a guardian ad litem to represent the person at all
stages of the proceedings, including appeal, if any. Appointed counsel and the
guardian ad litem shall receive reasonable compensation for necessary expenses,
including travel, the amount of which shall be determined by the court, and reasonable
fees pursuant to subsection (b). All of these expenses and fees shall
be [certified] ordered by the court and paid upon vouchers
approved by the judiciary and warrants drawn by the comptroller.
(b) The court shall determine the amount of
reasonable compensation paid to appointed counsel and guardian ad litem,
based on the rate of [$40] $90 an hour for [out-of-court] legal
services, and $60 an hour for [in-court] non‑legal
services [with a maximum fee in accordance with]; provided that the
maximum allowable fee shall not exceed the following schedule:
(1) Cases arising under chapters 587 and 346, part X:
(A) Predisposition.................[$1,500;]
$3,000;
(B) Postdisposition review hearing...[$500;]
$1,000;
(2) Cases arising under chapters 560, 571, 580, and
584.................................[$1,500.] $3,000.
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] orders, 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 [such] that court."
SECTION 2. Statutory material to be repealed is bracketed and stricken. New statutory language is underscored.
SECTION 3. This Act shall take effect on July 1, 2008.