REPORT TITLE:
Appointed Counsel; Fee


DESCRIPTION:
Requires compensation for court appointed counsel be equivalent
to that paid in federal district court. (HB1940 SD2)

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        1940
HOUSE OF REPRESENTATIVES                H.B. NO.           H.D. 2
TWENTIETH LEGISLATURE, 2000                                S.D. 2
STATE OF HAWAII                                            
                                                             
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                   A  BILL  FOR  AN  ACT

RELATING TO COURT APPOINTED COUNSEL LEGAL FEES.



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

 1      SECTION 1.  Section 802-5, Hawaii Revised Statutes, is
 
 2 amended by amending subsection (b) to read as follows:
 
 3      "(b)  The [court shall determine the amount of reasonable]
 
 4 compensation paid to appointed counsel[,] shall be based [on the
 
 5 rate of $40 an hour for out-of-court services, and $60 an hour
 
 6 for in-court services and with a maximum fee in accordance with
 
 7 the following schedule:
 
 8      (1)  Any felony case                                  $3,000
 
 9      (2)  Misdemeanor case - jury trial                     1,500
 
10      (3)  Misdemeanor case - jury waived                      750
 
11      (4)  Appeals to the supreme court or                   2,500
 
12           intermediate appellate court
 
13      (5)  Petty misdemeanor case                              450
 
14      (6)  Any other type of administrative or               1,500
 
15           judicial proceeding including cases
 
16           arising under chapter 571
 
17      Payment in excess of any maximum provided for under
 
18 paragraphs (1) to (6) may be made whenever the court in which the
 
19 representation was rendered certifies that the amount of the
 

 
Page 2                                                     1940
                                     H.B. NO.           H.D. 2
                                                        S.D. 2
                                                        


 1 excess payment is necessary to provide fair compensation and the
 
 2 payment is approved by the administrative judge of such court.]
 
 3 upon a compensation schedule equivalent to that for compensation
 
 4 of court appointed counsel in the federal district court for the
 
 5 District of Hawaii."
 
 6      SECTION 2.  Section 571-87, Hawaii Revised Statutes, is
 
 7 amended by amending subsection (b) to read as follows:
 
 8      "(b)  The [court shall determine the amount of reasonable]
 
 9 compensation paid to appointed counsel and guardian ad litem[,]
 
10 shall be based [on the rate of $40 an hour for out-of-court
 
11 services, and $60 an hour for in-court services with a maximum
 
12 fee in accordance with the following schedule:
 
13      (1)  Cases arising under chapters 587 and 346, part X:
 
14           (A)  Predisposition                             $1,500;
 
15           (B)  Postdisposition review hearing               $500;
 
16      (2)  Cases arising under chapters 560, 571, 580,
 
17           and 584                                         $1,500.
 
18      Payments in excess of any maximum provided for under
 
19 paragraphs (1) and (2) may be made whenever the court in which
 
20 the representation was rendered certifies that the amount of the
 
21 excess payment is necessary to provide fair compensation and the
 
22 payment is approved by the administrative judge of such court.]
 
23 upon a compensation schedule equivalent to that for compensation
 

 
Page 3                                                     1940
                                     H.B. NO.           H.D. 2
                                                        S.D. 2
                                                        


 1 of court appointed counsel under section 802-5."
 
 2      SECTION 3.  There is appropriated out of the general
 
 3 revenues of the State of Hawaii the sum of $       , or so much
 
 4 thereof as may be necessary, for fiscal year 2000-2001, and shall
 
 5 be expended by the judiciary for the purposes of this Act.
 
 6      SECTION 4.  There is appropriated out of the general
 
 7 revenues of the State of Hawaii the sum of $       , or so much
 
 8 thereof as may be necessary, for fiscal year 2000-2001, and shall
 
 9 be expended by the department of budget and finance for the
 
10 purposes of this Act.
 
11      SECTION 5.  Statutory material to be repealed is bracketed.
 
12 New statutory material is underscored.
 
13      SECTION 6.  This Act shall take effect upon its approval.