STAND. COM. REP. NO. 3086

Honolulu, Hawaii

RE:    H.B. No. 2698

       H.D. 3

       S.D. 1

Honorable Colleen Hanabusa

President of the Senate

Twenty-Fourth State Legislature

Regular Session of 2008

State of Hawaii

Madam:

     Your Committee on Judiciary and Labor, to which was referred H.B. No. 2698, H.D. 3, entitled:

"A BILL FOR AN ACT RELATING TO COURT-APPOINTED COUNSEL AND GUARDIANS AD LITEM IN FAMILY COURT,"

begs leave to report as follows:

     The purpose of this measure is to clarify the existing two-tier fee schedule for reasonable compensation paid by the family court to appointed counsel and guardians ad litem.

     Your Committee received testimony in support of this measure from the Judiciary.

     The intent of this measure, according to testimony of the Judiciary, is to clarify Act 218, Session Laws of Hawaii 2007, to distinguish the types and conditions of services provided by court appointed counsel and guardians ad litem, including Hawaii licensed attorneys and other persons who are not licensed to practice law in this State.  The actual rate of compensation of $90 and $60 per hour depending on the level of services, as provided in Act 218, is not changed.  Furthermore, this measure does not preclude the Judiciary from contracting for court-appointed counsel and guardian ad litem services under the procurement law.

     Your Committee has amended this measure by changing the effective date to July 1, 2008.

     As affirmed by the record of votes of the members of your Committee on Judiciary and Labor that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 2698, H.D. 3, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 2698, H.D. 3, S.D. 1, and be referred to the Committee on Ways and Means.

Respectfully submitted on behalf of the members of the Committee on Judiciary and Labor,

____________________________

BRIAN T. TANIGUCHI, Chair