Report Title:
Court-Appointed Counsel & Guardian Ad Litem Fees; Family Court; Appropriation
Description:
Increases fees for court-appointed counsel and guardians ad litem in family court cases. Requires the judiciary to provide the department of budget and finance with fees‑related information, so that the department can approve the necessary vouchers. Appropriates funds.
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THE SENATE |
S.B. NO. |
1518 |
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TWENTY-FOURTH LEGISLATURE, 2007 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to family court.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 571-87, Hawaii Revised Statutes, is amended to read as follows:
"571-87
Appointment of counsel and guardian ad litem; compensation. (a) When it appears
to a judge that a person requesting the appointment of counsel satisfies the
requirements of chapter 802 for determination of indigency, or the court in its
discretion appoints counsel under chapters 587 and 346, part X, or that a
person requires appointment of a guardian ad litem, the judge shall appoint
counsel or a guardian ad litem to represent the person at all stages of the
proceedings, including appeal, if any. Appointed counsel and the guardian ad
litem shall receive reasonable compensation for necessary expenses, including
travel, the amount of which shall be determined by the court, and reasonable
fees pursuant to subsection (b). All of these expenses and fees shall
be [certified] ordered by the court and [paid] made
upon vouchers approved by the [judiciary] director of finance and
warrants drawn by the comptroller.
(b) The court shall determine the amount of
reasonable compensation paid to appointed counsel and guardian ad litem,
based on the rate of [$40] $90 an hour for [out-of-court] legal
services, and $60 an hour for [in-court] non‑legal
services [with a maximum fee in accordance with]; provided that the
maximum allowable fee shall not exceed the following schedule:
(1) Cases arising under chapters 587 and 346, part X:
(A) Predisposition.................[$1,500;]
$3,000;
(B) Postdisposition review hearing...[$500;]
$1,000;
(2) Cases arising under chapters 560, 571, 580, and
584.................................[$1,500.] $3,000.
Payments in excess of any maximum provided for under
paragraphs (1) and (2) may be made whenever the court in which the
representation was rendered certifies, based upon representations of
extraordinary circumstances, attested to by the applicant, that the amount
of the excess payment is necessary to provide fair compensation in light of those
circumstances, and the payment is approved by the administrative judge of [such]
that court.
(c) The judiciary shall submit to the department of budget and finance, for inclusion in the department's budget request for each fiscal biennium, the amount required for each fiscal year for the payment of fees and expenses pursuant to this section."
SECTION 2. There is appropriated out of the general revenues of the State of Hawaii the sum of $ , or so much thereof as may be necessary for fiscal year 2007-2008, for the purposes of this Act.
The sum appropriated shall be expended by the judiciary.
SECTION 3. There is appropriated out of the general revenues of the State of Hawaii the sum of $ , or so much thereof as may be necessary for fiscal year 2007-2008, for the purposes of this Act.
The sum appropriated shall be expended by the department of budget and finance.
SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory language is underscored.
SECTION 5. This Act shall take effect on July 1, 2008.
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INTRODUCED BY: |
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