If enacted, SB2995 will amend Chapter 605 of the Hawaii Revised Statutes to include specific requirements for petitions or motions for pro hac vice appearances. This change not only seeks to ensure that out-of-state attorneys comply with tax regulations but is also intended to streamline the admission process by clearly outlining the necessary documentation needed for such appearances. Furthermore, the bill mandates that the Supreme Court amend its rules accordingly, establishing a clearer framework for legal proceedings involving out-of-state counsel.
Summary
SB2995 proposes amendments to the process whereby out-of-state attorneys can practice in Hawaii's courts pro hac vice. The bill responds to findings that these attorneys may be unaware of their obligations to pay the state's general excise tax, which applies uniquely to both service and rental income. By requiring evidence of both the applicant's and local counsel's business registrations in Hawaii, along with valid tax licenses and affirmations of tax compliance, the bill aims to enhance the understanding of tax obligations among out-of-state legal professionals.
Contention
Though filled with practical intent, SB2995 may encounter some contention regarding its implications for accessibility to the legal profession. Some critics may argue that additional regulations could inadvertently deter qualified out-of-state attorneys from participating in Hawaii's legal landscape, which may impact the quality of legal representation available to clients in the state. Others may view it as an essential step toward ensuring that all legal professionals contribute fairly to the state's tax base, thereby fostering a more equitable legal framework.
Creates Mental Health Diversion Program to divert eligible persons away from criminal justice system and into appropriate case management and mental health services.