STAND. COM. REP. NO. 24

Honolulu, Hawaii

RE: S.B. No. 263

S.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Thirty-Third State Legislature

Regular Session of 2025

State of Hawaii

Sir:

Your Committee on Judiciary, to which was referred S.B. No. 263 entitled:

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

begs leave to report as follows:

The purpose and intent of this measure is to:

(1) Increase the rate of compensation and maximum allowable amounts per case for court-appointed counsel in criminal proceedings; and

(2) Appropriate funds.

Your Committee received testimony in support of this measure from the Judiciary, Office of the Public Defender, Office of the Prosecuting Attorney of the County of Kauaʻi, one member of the Kauaʻi County Council, Hawaii State Bar Association, Hawaiʻi Association of Criminal Defense Lawyers, ACLU Hawaiʻi, Hawaii County Bar Association, Hawaii Coalition for Child Protective Reform, and six individuals.

Your Committee finds that indigent criminal defendants have a right to representation by competent counsel appointed by the court, usually by the Office of the Public Defender. However, in cases where there is, or there arises, a conflict between the defendant and the Office of the Public Defender, the defendant has a right to the appointment of a private defense counsel. This measure will attract competent individuals to serve as appointed counsel for qualified criminal defendants by ensuring that appointed counsel are adequately compensated for their work.

Your Committee has amended this measure by:

(1) Changing the appropriation to an unspecified amount; and

(2) Inserting an effective date of April 23, 2057, to encourage further discussion.

Your Committee notes that this measure, as amended, contains an unspecified appropriation amount.  Should your Committee on Ways and Means choose to deliberate on this measure, your Committee respectfully requests that it consider inserting an appropriation amount of $2,890,000 to increase the rate of compensation and maximum allowable amounts per case for court-appointed counsel in criminal proceedings.

As affirmed by the record of votes of the members of your Committee on Judiciary that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 263, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 263, S.D. 1, and be referred to your Committee on Ways and Means.

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

________________________________

KARL RHOADS, Chair