Bill Text: HI HB398 | 2025 | Regular Session | Amended
Bill Title: Relating To Compensation For Court-appointed Representation.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced) 2025-02-21 - Bill scheduled to be heard by FIN on Tuesday, 02-25-25 12:00PM in House conference room 308 VIA VIDEOCONFERENCE. [HB398 Detail]
Download: Hawaii-2025-HB398-Amended.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
398 |
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THIRTY-THIRD LEGISLATURE, 2025 |
H.D. 1 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO COMPENSATION FOR COURT-APPOINTED REPRESENTATION.
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] guardians
ad litem, based on the following rates:
(1) [$90] $150 an hour for in-court or
out-of-court services provided by an attorney licensed to practice law in
the State; and
(2) [$60] $122 an hour for[:
(A) Out-of-court services provided by an
attorney licensed to practice law in the State; and
(B) All] 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[:], and 587A:
(A) Predisposition
. . . . . . . . . . . . . . [$3,000;] $5,500; and
(B) Postdisposition
review hearing . . . . . . [$1,000;] $2,000; and
(2) Cases arising under chapters 560, 571, 580,
and 584 . . . . . . . . . . . . .. . . . . . . . . [$3,000.] $5,500.
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.
Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 3. This Act shall take effect on July 1, 3000.
Report Title:
Judiciary Package; Family Courts; Court-Appointed Counsel; Guardians Ad Litem; Fees
Description:
Increases the rate of compensation and maximum allowable amounts per case for court-appointed counsel and guardians ad litem in family court proceedings. Effective 7/1/3000. (HD1)
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
