SCR90

WHEREAS, every person in Hawaii deserves access to affordable, quality legal services and care; and

WHEREAS, according to a 2007 assessment funded by the Hawaii Justice Foundation and the Hawaii State Bar Association, many Hawaii residents face critical legal needs without being able to obtain an attorney, including protection from domestic abuse, securing affordable housing, family stability, living in a safe and secure home, access to healthcare, and income support; and

WHEREAS, in Hawaii there is only one legal services attorney for every 2,291 persons living below 125 percent of the federal poverty guideline; and

WHEREAS, since 1997, the number of domestic violence protective orders filed has risen 62.78 percent from 2,859 to 4,654 in 2006.

WHEREAS, legal services providers are able to help only one in three of those who contact them for assistance; and

WHEREAS, only one in five low and moderate-income Hawaii residents have their legal needs met; and

WHEREAS, legal service providers have inadequate resources to assist the indigent and disadvantaged due to the high cost of legal services and litigation as well as the high volume of requests; and

WHEREAS, unlike emergency room doctors, who are required to care for persons in medical need regardless of their ability to pay, lawyers are not required to provide civil legal services to the indigent and disadvantaged in times of great legal need.

WHEREAS, absent the assistance of legal service providers or pro bono volunteers, the indigent and disadvantaged are unable to gain adequate access to legal services and litigation;

WHEREAS, lawyers should ensure that all members of the public have equal redress to the courts for resolution of their disputes and access to lawyers when legal services are necessary; now, therefore,

BE IT RESOLVED by the Senate of the Twenty-fourth Legislature of the State of Hawaii, Regular Session of 2008, the House of Representatives concurring, that a task force be convened to develop legislation that provides for universal law care and improved access to justice by creating new funding sources for legal services to the indigent and disadvantaged; and

BE IT FURTHER RESOLVED that the task force be composed of the following members:

(1) The Attorney General, or the Attorney General's designee;

(2) A representative of the appellate judges of Hawaii, to be selected by the Chief Justice;

(3) A representative of the Hawaii State Bar Association;

(4) A representative of the Legal Aid Society of Hawaii; and

(5) A representative of the general public who is not an attorney, to be appointed by the Governor; and

BE IT FURTHER RESOLVED that the proposed legislation include provisions for the split recovery of punitive damages, providing that upon the entry of a verdict including an award of punitive damages, the State shall become a judgment creditor as to the punitive damages portion of the award and the punitive damages portion of the award shall be allocated as follows:

(1) 75 percent shall be paid to the prevailing party;

(2) The attorney for the prevailing party shall be paid out of the amount allocated to the prevailing party, in the amount agreed upon between the attorney and the prevailing party, although in no event may more than 13 percent of the amount awarded as punitive damages be paid to the attorney for the prevailing party; and

(3) 25 percent of the punitive damages awarded shall be deposited into the indigent legal assistance fund established under section 607-5.7, Hawaii Revised Statutes, or a comparable state fund established to support legal services to the indigent and disadvantaged; and

BE IT FURTHER RESOLVED that the proposed legislation include provisions that require a legal services fee of $50 be paid annually by each attorney with an active license to practice law in the State, and that such provisions further include that:

(1) The state licensing authority shall not renew or reinstate, or shall deny or suspend any license or application, of any attorney with an active license who fails to pay the mandatory legal services fee;

(2) Mandatory legal services fees collected shall be deposited into the indigent legal assistance fund established under section 607-5.7, Hawaii Revised Statutes, or a comparable state fund established to support legal services to the indigent and disadvantaged; and

(3) The mandatory legal services fee shall be administered by the Hawaii Supreme Court; and

BE IT FURTHER RESOLVED that that the Task Force is requested to submit proposed legislation and a report of its discussions, and any findings and recommendations, to the Legislature no later than 20 days prior to the convening of the Regular Session of 2009; and

BE IT FURTHER RESOLVED that certified copies of this Concurrent Resolution be transmitted to the Governor, the Senate President, the Attorney General, the Board of Directors of the Legal Aid Society of Hawaii, the President of the Hawaii State Bar Association, and the Chief Justice.

	OFFERED BY:	_____________________________

Report Title:

Universal Law Care

THE SENATE	S.C.R. NO.	90
TWENTY-FOURTH LEGISLATURE, 2008
STATE OF HAWAII