Honorable Robert Bunda

President of the Senate

Twenty-Third State Legislature

Regular Session of 2005

State of Hawaii

Sir:

Your Committee on Judiciary and Hawaiian Affairs, to which was referred H.B. No. 384, H.D. 2, entitled:

begs leave to report as follows:

The purpose of this measure is to increase the amount of compensation payable to an attorney who is appointed by the court to represent an indigent criminal or juvenile defendant in any judicial or administrative proceeding in the courts.

Testimony in support of the measure was submitted by the Judiciary, the Hawaii State Bar Association, the Department of the Attorney General, the Office of the Public Defender, the Department of the Prosecuting Attorney for the City and County of Honolulu, and the Hawaii Association of Criminal Defense Lawyers. The Department of Budget and Finance offered comments on the measure.

Under current law, court-appointed attorneys for indigent criminal and juvenile defendants are paid $40 per hour for out-of-court services and $60 per hour for services performed in court. Current law also sets a maximum amount that can be paid to the attorney based on a schedule of cases. For example, the maximum amount for a felony case is currently $3,000, while the maximum amount for a petty misdemeanor case is $450.

Your Committee finds that the current rates, which were last increased in 1987, are too low, far below prevailing rates. The courts have found it difficult to find competent attorneys to accept complex cases, and cases on appeal. The difficulty has created serious concerns among those who prosecute and those who defend indigent defendants, citing increased cases on appeal and cases of ineffective assistance of counsel.

Justices of the Hawaii Supreme Court have commented on the inadequacy of the current fee schedule for court appointed attorneys. In In re Attorney's Fees of Reinhardt Mohr, 97 Haw. 1, 32 P.3d 647 (2001), Justice Ramil wrote:

Justice Acoba wrote:

Your Committee concurs with the comments of the Justices of the Hawaii Supreme Court and believes that the rates should be increased as provided in the bill.

Your Committee has amended this measure by:

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 H.B. No. 384, H.D. 2, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 384, H.D. 2, S.D. 1, and be referred to the Committee on Ways and Means.