STAND. COM. REP. NO.731

Honolulu, Hawaii

, 2001

RE: S.B. No. 98

 

 

Honorable Robert Bunda

President of the Senate

Twenty-First State Legislature

Regular Session of 2001

State of Hawaii

Sir:

Your Committee on Ways and Means, to which was referred S.B. No. 98 entitled:

"A BILL FOR AN ACT RELATING TO LEGAL SERVICES FOR THE INDIGENT,"

begs leave to report as follows:

The purpose of this measure is to help indigent persons retain legal representation in civil actions.

Specifically, this bill:

(1) Makes the indigent legal assistance fund and surcharge for indigent legal services permanent by repealing the sunset date of Act 305, Session Laws of Hawaii 1996, as amended by Act 121, Session Laws of Hawaii 1998;

(2) Adds pro bono advocacy relating to the civil legal problems of indigents to the definition of "civil legal services"; and

(3) Repeals the requirement that unobligated or unexpended funds in the indigent legal assistance fund revert to the general fund as of June 30, 2002.

The Judiciary testified in support of this bill.

Your Committee finds that Act 305 established the special fund known as the indigent legal assistance fund to provide an additional source of funding for legal services to indigent persons. Funding was generated by a surcharge in civil actions to be paid in addition to the initial filing fee required in Circuit Court. The proceeds of the surcharge are deposited into the indigent legal assistance fund. The funds generated by the surcharge are used to enable indigents to retain attorneys and help attorneys expedite their indigent clients' cases, which in turn results in an improved ability of the courts to hear and resolve the claims of nonindigent litigants more efficiently. The surcharge to civil action filing fees and the indigent legal assistance fund, however, are subject to repeal by operation of law on June 30, 2002.

Your Committee believes that this measure implements the Legislature's belief that indigent persons should have equal access to justice and that making permanent the surcharge and indigent legal assistance fund will help ensure access to legal representation.

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. 98 and recommends that it pass Third Reading.

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

____________________________

BRIAN T. TANIGUCHI, Chair