Hawaii 2025 2025 Regular Session

Hawaii House Bill HB398 Amended / Bill

Filed 02/07/2025

                    HOUSE OF REPRESENTATIVES   H.B. NO.   398     THIRTY-THIRD LEGISLATURE, 2025   H.D. 1     STATE OF HAWAII                                A BILL FOR AN ACT     RELATING TO COMPENSATION FOR COURT-APPOINTED REPRESENTATION.     BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:   

HOUSE OF REPRESENTATIVES H.B. NO. 398
THIRTY-THIRD LEGISLATURE, 2025 H.D. 1
STATE OF HAWAII

HOUSE OF REPRESENTATIVES

H.B. NO.

398

THIRTY-THIRD LEGISLATURE, 2025

H.D. 1

STATE OF HAWAII

 

 

 

 

 

 

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  Statutory material to be repealed is bracketed and stricken.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. 

     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.   

 

 

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.