HOUSE OF REPRESENTATIVES	H.B. NO.	1841
THIRTY-FIRST LEGISLATURE, 2022
STATE OF HAWAII

A BILL FOR AN ACT

relating to the judiciary.

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

SECTION 1. Section 571-87, Hawaii Revised Statutes, is amended by amending subsections (b) and (c) to read as follows:

"(b) The court shall determine the amount of reasonable compensation paid to appointed counsel and guardian ad litem, based on the following rates:

(1) [$90] $120 an hour for in-court services provided by an attorney licensed to practice law in the State; and

(2) [$60] $90 an hour for:

(A) Out-of-court services provided by an attorney licensed to practice law in the State; and

(B) All services provided by a person who is not an attorney licensed to practice law in the State, whether performed in-court or out-of-court.

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

(1) Cases arising under chapters [[]587A[]] and 346, part X:

(A) Predisposition . . . . . . . . . . . . . . [$3,000;] $4,500;

(B) Postdisposition review hearing . . . . . . [$1,000;] $1,500;

(2) Cases arising under chapters 560, 571, 580, and

584 . . . . . . . . . . . . . . . . . . . . . . [$3,000.] $4,500.

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 that court."

SECTION 2. There is appropriated out of the general revenues of the State of Hawaii the sum of $2,300,000 or so much thereof as may be necessary for fiscal year 2022-2023 for the purchase of service contracts, guardian ad litem contracts, and court-appointed counsel contracts pursuant to chapter 571, Hawaii Revised Statutes.

The sum appropriated shall be expended by the judiciary for the purposes of this Act.

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 Statutory material to be repealed is bracketed and stricken.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

SECTION 4. This Act shall take effect on July 1, 2022.

INTRODUCED BY:

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Report Title:

Judiciary; Court-appointed Counsel; Guardian Ad Litem Fees; Appropriation

Description:

Increases the rate of compensation and maximum allowable amounts per case for court-appointed counsel and guardian ad litem. Appropriates funds.

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