STAND. COM. REP. NO. 80-24

Honolulu, Hawaii

, 2024

RE: H.B. No. 1913

H.D. 1

Honorable Scott K. Saiki

Speaker, House of Representatives

Thirty-Second State Legislature

Regular Session of 2024

State of Hawaii

Sir:

Your Committee on Judiciary & Hawaiian Affairs, to which was referred H.B. No. 1913 entitled:

"A BILL FOR AN ACT RELATING TO COMPENSATION FOR COURT-APPOINTED REPRESENTATION,"

begs leave to report as follows:

The purpose of this measure is to increase the rate of compensation and maximum allowable amounts per case for court-appointed counsel and guardians ad litem in family court proceedings.

Your Committee received testimony in support of this measure from the Judiciary; Office of the Public Defender; Department of Human Services; and one individual.

Your Committee finds that court-appointed guardians ad litem perform a critical role in a wide range of family court cases, including representing the best interest of children in child protective cases or child custody matters and representing persons in involuntary hospitalization and assisted community treatment proceedings. The subjects of these proceedings are the most vulnerable members of the community who are frequently unable to advocate for themselves or meaningfully participate in court proceedings.

Your Committee further finds that court-appointed attorneys play a similar role in family court cases. These court-appointed attorneys provide constitutionally-mandated representation to individuals whose parental rights are at stake in child protective cases and to minors who have been charged with law violations.

The work court-appointed guardians ad litem and counsel perform can be quite complex and is extremely important. It requires expertise and experience. This measure will help attract and retain highly competent individuals to serve as court-appointed guardians ad litem and counsel in family court cases.

Your Committee has amended this measure by:

(1) Changing the appropriation to an unspecified amount;

(2) Changing the effective date to July 1, 3000, to encourage further discussion; and

(3) Making technical, nonsubstantive amendments for the purposes of clarity, consistency, and style.

Your Committee respectfully requests your Committee on Finance, should it deliberate on this measure, to consider an appropriation amount of $1,500,000.

As affirmed by the record of votes of the members of your Committee on Judiciary & Hawaiian Affairs that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 1913, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 1913, H.D. 1, and be referred to your Committee on Finance.

Respectfully submitted on behalf of the members of the Committee on Judiciary & Hawaiian Affairs,

____________________________

DAVID A. TARNAS, Chair