STAND. COM. REP. NO.190
Honolulu, Hawaii
, 2001
RE: H.B. No. 1516
H.D. 1
Honorable Calvin K.Y. Say
Speaker, House of Representatives
Twenty-First State Legislature
Regular Session of 2001
State of Hawaii
Sir:
Your Committee on Judiciary and Hawaiian Affairs, to which was referred H.B. No. 1516 entitled:
"A BILL FOR AN ACT RELATING TO ATTORNEY'S FEES FOR APPOINTED COUNSEL,"
begs leave to report as follows:
The purpose of this bill is to amend Hawaii's law regarding the compensation for court-appointed counsel in state criminal cases by:
(1) Providing that expenses and fees shall be ordered by the court upon proof by exhibit, affidavit, testimony, or other credible evidence submitted by appointed counsel;
(2) Providing the court with the discretion to consider the nature of the case and the quality of counsel's representation in determining whether requested fees and costs were reasonably incurred;
(3) Increasing the maximum fee schedule to correspond with the rates of pay provided to court-appointed counsel in the federal district court of the State of Hawaii; and
(4) Repealing judicial discretion to award payment in excess of the maximum fee schedule.
Testimony in support of this measure was submitted by the Judiciary, the Office of the Public Defender, and concerned individuals. The Hawaii Association of Criminal Defense Lawyers submitted testimony in support of the intent of the measure.
The Department of Budget and Finance and an individual commented on the measure.
Your Committee believes that state appointed counsel are just as essential to the state criminal justice system as their federal counterparts, and should therefore receive comparable compensation.
Your Committee has amended this bill by:
(1) Adopting the Judiciary's suggestion that judges continue to be allowed the discretion to award compensation in excess of the maximum fee schedule; and
(2) Making technical, nonsubstantive changes for purposes of style, clarity, and consistency.
As affirmed by the record of votes of the members of your Committee on Judiciary and Hawaiian Affairs that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 1516, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 1516, H.D. 1, and be referred to the Committee on Finance.
Respectfully submitted on behalf of the members of the Committee on Judiciary and Hawaiian Affairs,
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____________________________ ERIC G. HAMAKAWA, Chair |
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