THE SENATE S.B. NO. 2377 THIRTY-SECOND LEGISLATURE, 2024 STATE OF HAWAII A BILL FOR AN ACT relating to compensation for court-appointed counsel. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
THE SENATE S.B. NO. 2377
THIRTY-SECOND LEGISLATURE, 2024
STATE OF HAWAII
THE SENATE
S.B. NO.
2377
THIRTY-SECOND LEGISLATURE, 2024
STATE OF HAWAII
A BILL FOR AN ACT
relating to compensation for court-appointed counsel.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 802-5, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows: "(b) The court shall determine the amount of reasonable compensation to appointed counsel, based on the rate of [$90] $150 an hour; provided that the maximum allowable fee shall not exceed the following schedule: (1) Any felony case [$6,000] $12,000 (2) Misdemeanor case-jury trial [3,000] $6,000 (3) Misdemeanor case-jury waived [1,500] $3,000 (4) Appeals [5,000] $9,000 (5) Petty misdemeanor case [900] $1,800 (6) Any other type of administrative or judicial proceeding, including cases arising under section 571‑11(1), 571‑14(a)(1), or 571‑14(a)(2) [3,000.] $6,000. Payment in excess of any maximum provided for under paragraphs (1) to (6) may be made whenever the court in which the representation was rendered certifies that the amount of the excess payment is necessary to provide fair compensation and the payment is approved by the administrative judge of that court." SECTION 2. In accordance with section 9 of article VII, of the Constitution of the State of Hawaii and sections 37-91 and 37-93, Hawaii Revised Statutes, the legislature has determined that the appropriation contained in this Act will cause the state general fund expenditure ceiling for fiscal year 2024-2025 to be exceeded by $ , or per cent. The reasons for exceeding the general fund expenditure ceiling are that the appropriation made in this Act is necessary to serve the public interest and to meet the needs provided for by this Act. SECTION 3. There is appropriated out of the general revenues of the State of Hawaii the sum of $2,500,000 or so much thereof as may be necessary for fiscal year 2024-2025 to carry out the purposes of this Act. The sum appropriated shall be expended by the department of budget and finance for the purposes of this Act. SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored. SECTION 5. This Act shall take effect on July 1, 2024. INTRODUCED BY: _____________________________ By Request
SECTION 1. Section 802-5, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:
"(b) The court shall determine the amount of reasonable compensation to appointed counsel, based on the rate of [$90] $150 an hour; provided that the maximum allowable fee shall not exceed the following schedule:
(1) Any felony case [$6,000] $12,000
(2) Misdemeanor case-jury trial [3,000] $6,000
(3) Misdemeanor case-jury waived [1,500] $3,000
(4) Appeals [5,000] $9,000
(5) Petty misdemeanor case [900] $1,800
(6) Any other type of administrative or
judicial proceeding, including cases
arising under section 571‑11(1),
571‑14(a)(1), or 571‑14(a)(2) [3,000.] $6,000.
Payment in excess of any maximum provided for under paragraphs (1) to (6) may be made whenever the court in which the representation was rendered certifies that the amount of the excess payment is necessary to provide fair compensation and the payment is approved by the administrative judge of that court."
SECTION 2. In accordance with section 9 of article VII, of the Constitution of the State of Hawaii and sections 37-91 and 37-93, Hawaii Revised Statutes, the legislature has determined that the appropriation contained in this Act will cause the state general fund expenditure ceiling for fiscal year 2024-2025 to be exceeded by $ , or per cent. The reasons for exceeding the general fund expenditure ceiling are that the appropriation made in this Act is necessary to serve the public interest and to meet the needs provided for by this Act.
SECTION 3. There is appropriated out of the general revenues of the State of Hawaii the sum of $2,500,000 or so much thereof as may be necessary for fiscal year 2024-2025 to carry out the purposes of this Act.
The sum appropriated shall be expended by the department of budget and finance for the purposes of this Act.
SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 5. This Act shall take effect on July 1, 2024.
INTRODUCED BY: _____________________________
By Request
INTRODUCED BY:
_____________________________
By Request
Report Title: Judiciary Package; Criminal Proceedings; Court-appointed Counsel; Fees; Appropriation; General Fund Expenditure Ceiling Exceeded Description: Increases the rate of compensation and maximum allowable amounts per case for court-appointed counsel in criminal proceedings. Appropriates funds. Declares that the appropriation exceeds the state general fund expenditure ceiling for 2024-2025. The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
Report Title:
Judiciary Package; Criminal Proceedings; Court-appointed Counsel; Fees; Appropriation; General Fund Expenditure Ceiling Exceeded
Description:
Increases the rate of compensation and maximum allowable amounts per case for court-appointed counsel in criminal proceedings. Appropriates funds. Declares that the appropriation exceeds the state general fund expenditure ceiling for 2024-2025.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.