STAND. COM. REP. NO. 1139

Honolulu, Hawaii

RE: H.B. No. 396

H.D. 1

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 H.B. No. 396, H.D. 1, 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 increase the rate of compensation and maximum allowable amounts per case for court—appointed counsel in criminal proceedings.

Your Committee received testimony in support of this measure from the Judiciary, Office of the Public Defender, Hawaii State Bar Association, West Hawaii Bar Association, and ten individuals.

Your Committee received comments on this measure from the Department of Budget and Finance.

Your Committee finds that over the last decade there has been a dramatic decrease in qualified applicants to the court-appointed lists of each circuit, which has in turn caused a shortage of available qualified and competent counsel to take indigent defendant criminal cases statewide. Your Committee further finds that the primary factor driving this reduction is the low hourly rate of pay offered for these cases. In order to attract skilled and experienced individuals to serve as appointed counsel for these defendants, your Committee believes that the State must ensure that appointed counsel are adequately compensated for their work. This measure will aid in recruiting and retaining counsel who are qualified, experienced, and willing to be appointed in criminal proceedings.

Your Committee has amended this measure by inserting an effective date of April 23, 2057, to encourage further discussion.

Your Committee notes that this measure 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 H.B. No. 396, H.D. 1, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 396, H.D. 1, 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