Report Title:

Indigent Legal Services; Surcharge

 

Description:

Increases indigent legal services funding by increasing the surcharge on initial filing fees for civil actions.  (HB3422 HD1)

 


HOUSE OF REPRESENTATIVES

H.B. NO.

3422

TWENTY-FOURTH LEGISLATURE, 2008

H.D. 1

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT


 

 

RELATING TO SURCHARGE FOR INDIGENT LEGAL SERVICES.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 


     SECTION 1.  The legislature finds that the Access to Justice Hui's final report of November 2007 found that four out of five low- and moderate-income residents do not have their legal services needs met and that legal service providers are only able to assist one in three who contact them for assistance.  The legislature further finds that to increase the delivery of legal services, more funding is necessary and can be generated by increasing the surcharge for indigent legal services, as recommended by the Access to Justice Hui.

     SECTION 2.  Section 607-5.7, Hawaii Revised Statutes, is amended as follows:

     1.   By amending subsections (a) and (b) to read:

     "(a)  In addition to the costs and fees prescribed in section 607-5, any person in a civil action in the circuit court who is required to pay an initial filing fee shall pay an additional surcharge of [$25] $50 at the time of the person's initial filing.  Initial filings for which this surcharge shall be assessed include:

     (1)  Complaints, petitions, interventions, applications for special proceedings, and answers containing one or more cross-claims or counter-claims; and

     (2)  Third party complaints, but shall not include post-judgment civil process.

     (b)  In addition to the costs and fees prescribed in section 607-4, any person [who files an action for summary possession in the district court] in a civil action in the district court who is required to pay an initial filing fee shall pay an additional surcharge of [$10] $25 at the time of the person's initial filing.  Any person in a civil action in the supreme court who is required to pay an initial filing fee also shall pay an additional surcharge of $25 at the time of the person's filing.  No surcharge shall be assessed against:

     (1)  Small claims cases;

     (2)  Petitions for temporary restraining orders;

     (3)  Petitions for protective orders;

     (4)  Any party who has received the court's permission to proceed in forma pauperis; or

     (5)  Any party proceeding on behalf of the county or State.

Surcharges subject to this section shall be limited to one payment per party."

     2.  By amending subsection (h) to read:

     "(h)  As used in this section, unless the context otherwise requires:

     "Civil legal services" means direct legal services provided by attorneys or by attorney-supervised staff to clients in civil matters, including pro bono, judicial, and administrative advocacy relating to the civil legal problems of indigents.

     "Indigent person" means:

     (1)  Any individual whose income is not greater than [one hundred twenty-five] two hundred fifty per cent of the official poverty line established by the Secretary of Health and Human Services under the Community Services Block Grant Act, Title 42 [U.S.C. section] United States Code Section 9902;

     (2)  Any individual who is eligible for free services under the Older Americans Act or Developmentally Disabled Act; or

     (3)  Any organization or client group whose purpose is to further the interests of indigent persons and which is at least fifty per cent composed of persons who meet the requirements of paragraph (1) or (2)."

     SECTION 3.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun, before its effective date.

SECTION 4.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 5.  This Act shall take effect on July 1, 2008.