Report Title:

Appearance before courts of the State; exceptions

Description:

Allows sole owners of corporations and limited liability companies, and officers of nonprofit corporations to appear in court and prosecute or defend the interests of the respective entity without being licensed to practice law.

THE SENATE

S.B. NO.

420

TWENTY-THIRD LEGISLATURE, 2005

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

RELATING TO COURT APPEARANCE.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. Section 605-2, Hawaii Revised Statutes, is amended to read as follows:

"§605-2 Attorneys; license required; exceptions. (a) Except as provided by the rules of court, no person shall be allowed to practice in any court of the State unless that person has been duly licensed so to do by the supreme court[; provided that nothing].

(b) Nothing in this chapter shall prevent any person, plaintiff, defendant, or accused, from appearing in person before any court, and there prosecuting or defending that person's, plaintiff's, defendant's, or accused's own cause, without the aid of legal counsel[;].

(c) Nothing in this chapter shall prevent any person, who owns one hundred per cent of the issued shares of a foreign or domestic corporation, from appearing in person before any court, and there prosecuting or defending that corporation's own cause, without the aid of legal counsel.

(d) Nothing in this chapter shall prevent any person, who is a duly appointed officer of a foreign or domestic nonprofit corporation and who is so authorized to act, from appearing in person before any court, and there prosecuting or defending that nonprofit corporation's own cause, without the aid of legal counsel.

(e) Nothing in this chapter shall prevent any person, who owns one hundred per cent of the interest in a one member foreign or domestic limited liability company, from appearing in person before any court, and there prosecuting or defending that limited liability company's own cause, without the aid of legal counsel[provided further that in].

(f) In the district courts sections 605-13 and 633-28 shall apply."

SECTION 2. New statutory material is underscored.

SECTION 3. Statutory material to be repealed is bracketed and stricken.

SECTION 4. This Act shall take effect upon its approval.

 

INTRODUCED BY:

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