SB1296 HD1 HSCR1011

STAND. COM. REP. NO.1011

Honolulu, Hawaii

, 2001

RE: S.B. No. 1296

S.D. 2

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 S.B. No. 1296, S.D. 2, 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 of 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) Giving the court 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; and

(3) Basing compensation of appointed counsel upon an hourly rate that is equivalent to the hourly rate of court-appointed counsel in the federal district court of Hawaii.

Testimony in support of this bill was submitted by the Judiciary, Office of the Public Defender, Hawaii Association of Criminal Defense Lawyers, and a private citizen. The Department of Budget and Finance commented on the measure.

As received by your Committee, this bill did not specify the maximum allowable fees. Your Committee has amended this bill by inserting the appropriate fee amounts corresponding to the rates of pay provided to court-appointed counsel in the federal district court of the District of Hawaii. In addition, your Committee has made technical, non-substantive amendments 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 S.B. No. 1296, S.D. 2, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 1296, S.D. 2, 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,

		____________________________ ERIC G. HAMAKAWA, Chair