STAND. COM. REP. NO.1358-02
Honolulu, Hawaii
, 2002
RE: S.C.R. No. 100
S.D. 1
H.D. 1
Honorable Calvin K.Y. Say
Speaker, House of Representatives
Twenty-First State Legislature
Regular Session of 2002
State of Hawaii
Sir:
Your Committee on Judiciary and Hawaiian Affairs, to which was referred S.C.R. No. 100, S.D. 1, entitled:
"SENATE CONCURRENT RESOLUTION REQUESTING THE LEGISLATIVE REFERENCE BUREAU TO CONDUCT A STUDY OF THE GUARDIANS AD LITEM/ATTORNEY STATUTORY FEE REQUIREMENTS TO DETERMINE IF THERE IS A MORE EFFECTIVE MODEL THAT COULD BE ADOPTED FOR HAWAII, AND REQUESTING THE AUDITOR TO CONDUCT AN AUDIT OF THE GUARDIAN AD LITEM FEES,"
begs leave to report as follows:
The purpose of this Concurrent Resolution is to study the guardians ad litem/attorney statutory fee requirements in Hawaii.
Specifically, the Concurrent Resolution requests:
(1) That the Legislative Reference Bureau study current practices in Hawaii and on the mainland to find an effective and economical means to compensate guardians ad litem and attorneys appointed under chapter 587, Hawaii Revised Statutes, with the study to include an analysis of the adequacy of fees paid to guardians ad litem in view of their duties; and
(2) That the Auditor conduct an audit of the Family Court compensation system for guardians ad litem under chapter 587, Hawaii Revised Statutes, with the audit to include:
(A) An analysis of fees paid to guardians ad litem in view of their duties;
(B) A determination whether families of children subject to family court jurisdiction also pay guardians ad litem; and if so,
(C) A recommendation to prohibit or prevent such payments.
Your Committee received testimony in support of this measure from the Hawaii State Bar Association and a concerned individual. The Judiciary provided testimony in support of the portion of this Concurrent Resolution that requests a study by the Legislative Reference Bureau as to less costly methods to compensate guardian ad litem and court-appointed attorneys.
Your Committee finds that fees expended to compensate guardians ad litem and counsel consistently exceed budgeted amounts. An analysis of compensation options could help the courts address existing problems, and ultimately enhance delivery of legal services to needy individuals.
Your Committee has amended this measure by:
(1) Adding several references to "counsel" to make it clear that the review will cover attorney and guardian ad litem compensation; and
(2) Amending the title and deleting provisions that were not contained in the resolution as originally introduced, including the requested audit by the Auditor.
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 concurs with the intent and purpose of S.C.R. No. 100, S.D. 1, as amended herein, and recommends that it be referred to the Committee on Finance, in the form attached hereto as S.C.R. No. 100, S.D. 1, H.D. 1.
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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