STAND. COM. REP. NO.195

Honolulu, Hawaii

, 2001

RE: H.B. No. 523

 

 

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. 523 entitled:

"A BILL FOR AN ACT RELATING TO THE UNAUTHORIZED PRACTICE OF LAW,"

begs leave to report as follows:

The purpose of this bill is to clarify laws that prohibit the unauthorized practice of law (UPOL) by:

(1) Repealing obsolete statutory language; and

(2) Strengthening criminal penalties.

Testimony in support of this measure was submitted by the Department of the Attorney General.

Currently, first-time UPOL offenders can only be prosecuted for a violation and are subject to a fine not exceeding $1,000. Your Committee recognizes that this fine does not accurately reflect the damage inflicted by people who do not have the training or education necessary to practice law.

Accordingly, your Committee believes that this bill, as presently drafted, will create a stronger deterrent against UPOL and enhance the public's confidence in the legal profession.

 

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. 523 and recommends that it pass Second Reading and be placed on the calendar for Third Reading.

 

Respectfully submitted on behalf of the members of the Committee on Judiciary and Hawaiian Affairs,

____________________________

ERIC G. HAMAKAWA, Chair