STAND

STAND. COM. REP. NO. 125

Honolulu, Hawaii

, 2005

RE: H.B. No. 384

H.D. 1

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Third State Legislature

Regular Session of 2005

State of Hawaii

Sir:

Your Committee on Judiciary, to which was referred H.B. No. 384 entitled:

"A BILL FOR AN ACT RELATING TO ATTORNEYS' FEES FOR COURT APPOINTED COUNSEL,"

begs leave to report as follows:

The purpose of this bill is to help the Judiciary attract competent counsel to represent indigent criminal defendants by increasing compensation for court-appointed counsel. Specifically, this bill:

(1) Raises the hourly rate of compensation for appointed counsel, from $40 to $90;

(2) Increases the maximum allowable fee schedule for appointed counsel; and

(3) Clarifies the types of family court cases that are included in the maximum fee schedule.

The Judiciary, Department of the Prosecuting Attorney of the City and County of Honolulu, Office of the Prosecuting Attorney of the County of Kauai, Office of the Public Defender, Native Hawaiian Legal Corporation, Hawaii Association of Criminal Defense Lawyers, Hawaii State Bar Association, and numerous concerned individuals testified in support of this bill. The law firm of Hawk Sing & Ignacio and a concerned individual supported this measure and suggested amendments. The Department of the Attorney General supported the intent of this bill. The Department of Budget and Finance and three concerned individuals offered comments.

Your Committee finds that the courts face great difficulty in attracting competent counsel for indigent criminal defendants at the current statutory rate for court-appointed counsel. Furthermore, the compensation rates have not changed since 1987.

Your Committee has amended this measure by:

(1) Doubling the maximum allowable amounts in the current fee schedule for appointed counsel; and

(2) Making technical, nonsubstantive amendments to correct drafting style.

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 H.B. No. 384, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 384, H.D. 1, and be referred to the Committee on Finance.

Respectfully submitted on behalf of the members of the Committee on Judiciary,

		____________________________ SYLVIA LUKE, Chair