STAND. COM. REP. NO. 785

Honolulu, Hawaii

RE:    S.B. No. 1518

       S.D. 1

Honorable Colleen Hanabusa

President of the Senate

Twenty-Fourth State Legislature

Regular Session of 2007

State of Hawaii

Madam:

     Your Committee on Ways and Means, to which was referred S.B. No. 1518 entitled:

"A BILL FOR AN ACT RELATING TO FAMILY COURT,"

begs leave to report as follows:

     The purpose of this measure is to increase the fees payable to a court-appointed counsel and a guardian ad litem in cases before a Family Court.

     The Judiciary submitted comments in support of the measure.  The Department of Budget and Finance submitted comments in opposition.

     Your Committee finds that there is a significant disparity between the fees paid to an attorney in private practice representing a client in Family Court and the fees paid to a court-appointed attorney or a guardian ad litem.  The best interest of children, who are the most vulnerable members of society, requires competent legal representation for children or indigent parents at risk of losing their children.

     Your Committee finds that this measure to increase payments to court-appointed attorneys and guardians ad litem will help to ensure competent legal representation of children in the future by retaining experienced attorneys and attracting new attorneys for this complex and difficult legal work.

     Your Committee has amended this bill to:

     (1)  Reflect that the Judiciary shall continue to administer the payment and budget functions with respect to appointed counsel and guardian ad litem compensation instead of transferring those functions to the Department of Budget and Finance; and

     (2)  Make technical nonsubstantive changes for purposes of clarity and consistency.

     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. 1518, as amended herein, and recommends that it pass Third Reading in the form attached hereto as S.B. No. 1518, S.D. 1.

Respectfully submitted on behalf of the members of the Committee on Ways and Means,

____________________________

ROSALYN H. BAKER, Chair