Honorable Robert Bunda

President of the Senate

Twenty-First State Legislature

Regular Session of 2001

State of Hawaii

Sir:

Your Committee on Judiciary, to which was referred S.B. No. 1296 entitled:

begs leave to report as follows:

The purpose of this measure is to clarify that reasonable counsel fees for court appointed private counsel will be paid by the court, upon showing proof of expenses and fees by way of exhibit, affidavit, testimony, or other credible evidence.

Your Committee received testimony in support of this measure from the Judiciary, Hawai'i Association of Criminal Defense Lawyers, and Public Defender. The Department of Budget and Finance submitted comments.

This measure also clarifies that only "reasonable" fees will be paid to court appointed private counsel, taking into consideration the nature of the case and the quality of counsel's representation. Reasonable compensation is based on an hourly rate that is equivalent to the hourly rate of court appointed counsel in the federal district court for the district of Hawaii, with maximum allowable amounts for specified types of cases. According to testimony of the Judiciary, the federal district court pays court appointed counsel at the rate of $75 per hour, with no maximum.

Your Committee has amended this measure on the recommendation of the Judiciary by:

Your Committee has also made technical, nonsubstantive amendments to comport with proper drafting.

As affirmed by the record of votes of the members of your Committee on Judiciary that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 1296, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 1296, S.D. 1, and be referred to the Committee on Ways and Means.