STAND. COM. REP. NO. 3390

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 Ways and Means, to which was referred H.B. No. 2698, H.D. 3, S.D. 1, 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 guardian ad litem.

     The Judiciary submitted testimony in support of this measure.

     Act 218, Session Laws of Hawaii 2007, increased the hourly rate for appointed counsel and guardian ad litem to $90 per hour for "legal services" and $60 per hour for "non-legal services."  Your Committee finds that this measure clarifies that the $90 per hour rate was intended to apply to "in-court" time, which can be readily confirmed through minutes and other verifiable sources.  This measure also clarifies that only an attorney who is licensed to practice in the State is entitled to the $90 per hour rate for in-court services; all other services are reimbursed at the $60 per hour rate.

     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 H.B. No. 2698, H.D. 3, S.D. 1, and recommends that it pass Third Reading.

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

____________________________

ROSALYN H. BAKER, Chair