Honorable Robert Bunda

President of the Senate

Twenty-First State Legislature

Regular Session of 2001

State of Hawaii

Sir:

Your Committee on Ways and Means, to which was referred S.B. No. 1296, S.D. 1, entitled:

begs leave to report as follows:

The purpose of this measure is to increase the compensation for court appointed counsel.

Specifically, the bill provides 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. The bill also clarifies that a court may determine whether fees were "reasonable" by taking into consideration the nature of the case and the quality of counsel's representation. Furthermore, the bill provides that compensation shall be based upon 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.

Your Committee has amended this bill by changing the maximum allowable dollar amounts for specified types of cases to unspecified amounts to facilitate continuing discussion of this issue, and by making a technical nonsubstantive correction.

As affirmed by the record of votes of the members of your Committee on Ways and Means that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 1296, S.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as S.B. No. 1296, S.D. 2.