HOUSE OF REPRESENTATIVES	H.B. NO.	2589
TWENTY-SEVENTH LEGISLATURE, 2014
STATE OF HAWAII

A BILL FOR AN ACT

relating to Judicial processes.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1.  Section 291E-38, Hawaii Revised Statutes, is amended by amending subsection (g) to read as follows:

     "(g)  The sworn statements provided in section 291E-36 shall be admitted into evidence.  The director shall consider the sworn statements in the absence of the law enforcement officer or other person.  Upon written notice to the director, no later than five days prior to the hearing, that the respondent wishes to examine a law enforcement officer or other person who made a sworn statement, the director shall issue a subpoena for the officer or other person to appear at the hearing.  Personal service upon the law enforcement officer or other person who made a sworn statement shall be made no later than forty-eight hours prior to the hearing time.  For purposes of this subsection, "personal service" includes service where an authorized process server provides a declaration stating that:

(1) The person for whom the subpoena was issued is an employee of the United States Department of Defense;

(2) The process server has complied with applicable federal statutes and armed service regulations; and

(3) On a specified date and at a specified time the process server delivered the subpoena in accordance with applicable federal statutes and armed service regulations, and within the time limitations of this subsection.

If the officer or other person cannot appear, the officer or other person at the discretion of the director, may testify by telephone."

SECTION 2.  Section 802-5, Hawaii Revised Statutes, is amended by amending subsections (a) and (b) to read as follows:

"(a)  When it shall appear to a judge that a person requesting the appointment of counsel satisfies the requirements of this chapter, the judge shall appoint counsel to represent the person at all stages of the proceedings, including appeal, if any.  If conflicting interests exist, or if the interests of justice require, the court may appoint private counsel, who 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 expenses and fees shall be ordered by the court.  Duly ordered payment shall be made upon vouchers approved by the director of finance and warrants drawn by the comptroller.

(b)  [The court shall determine the] The amount of reasonable compensation to appointed counsel[,] shall be based on the rate of $90 an hour; provided that [the]:

(1) In the first judicial circuit, a three-member panel shall be formed and shall meet at least once per month to review and recommend to the criminal administrative judge the amount of reasonable compensation to appointed counsel.  The members of the panel shall be appointed by the chief justice and shall include:

(A) A judge of the first circuit;

(B) An attorney from the office of the public defender; and

(C) An attorney who is a member of the state bar and engaged in the private practice of law. 

The administrative judge shall either accept or reject the panel's recommendation.  Neither the panel nor the administrative judge shall reduce the amount of compensation to appointed counsel without first providing a written justification for the reduction and unless the appointed counsel has been given an opportunity to address the counsel's grievance to the administrative judge; and

(2) In all judicial circuits other than the first circuit, the court shall determine the amount of reasonable compensation to appointed counsel; and

(3) The maximum allowable fee shall not exceed the following schedule:

    [(1)] (A) Any felony case $6,000

    [(2)] (B) Misdemeanor case - jury trial 3,000

    [(3)] (C) Misdemeanor case - jury waived 1,500

    [(4)] (D) Appeals 5,000

    [(5)] (E) Petty misdemeanor case 900

    [(6)] (F) Any other type of administrative

          or judicial proceeding, including

          cases arising under section

          571‑11(1), 571‑14(a)(1),

          or 571‑14(a)(2) 3,000.

Payment in excess of any maximum provided for under [paragraphs (1) to (6)] paragraph (3) may be made whenever the panel or the administrative judge under paragraph (1) or the court in which the representation was rendered under paragraph (2), as applicable, certifies that the amount of the excess payment is necessary to provide fair compensation and the payment is approved by the pertinent administrative judge [of that court]."

SECTION 3.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect upon its approval.

INTRODUCED BY:

_____________________________

Report Title:

DUI Administrative Revocations; Service of Process to Federal Employees; Compensation of Appointed Counsel for Indigent Criminal Defendants

Description:

Facilitates service of process to federal DOD employees subpoenaed to appear at DUI administrative hearing to review an administrative revocation of a person's license and privilege to operate a vehicle.  Amends the process within the first judicial circuit for determining reasonable compensation to appointed counsel for indigent criminal defendants by requiring a panel to make recommendations to the criminal administrative judge.

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.