Hawaii 2022 Regular Session

Hawaii Senate Bill SB2072

Introduced
1/19/22  
Refer
1/21/22  
Report Pass
2/17/22  
Refer
2/17/22  
Report Pass
3/4/22  
Engrossed
3/8/22  

Caption

Relating To Court-appointed Attorneys.

Impact

If enacted, the bill would amend Section 587A-17 of the Hawaii Revised Statutes to mandate the family court to appoint legal counsel for indigent parents at the first hearing attended, ensuring no rulings are made that prejudice the parent's rights until counsel is present or a voluntary waiver occurs. This legislative change would reinforce the rights of parents and potentially improve the fairness of court proceedings involving child custody and family supervision.

Summary

SB2072 is a legislative bill aimed at ensuring that indigent parents are appointed counsel upon the filing of a petition for custody or family supervision in Hawaii. The bill stems from the Hawaii Supreme Court's rulings in 'In re T.M.' and 'In re L.I.', which highlighted the necessity of legal representation for parents facing termination of parental rights and custody hearings. The bill's primary objective is to guarantee that these parents receive timely legal help, especially during critical phases of court proceedings.

Sentiment

The sentiment surrounding SB2072 appears to be positive, especially among advocates for parental rights and legal representation. Supporters argue that the bill is a vital step in protecting the due process rights of indigent parents, ensuring they are not disadvantaged in legal matters concerning their children. The consensus among proponents is that equitable access to legal representation is crucial in safeguarding the well-being of both parents and children in such sensitive cases.

Contention

Despite a favorable sentiment towards the bill, there may be concerns regarding the implementation and funding of appointed attorneys. Questions may arise about whether there are enough resources to ensure all indigent parents receive timely legal representation, and how the state will manage the costs associated with appointing attorneys. These practical aspects could become points of contention as discussions around the bill unfold.

Companion Bills

No companion bills found.

Previously Filed As

HI SB2968

Relating To Court Appointed Attorneys.

HI SB411

Relating To Court-appointed Attorneys.

HI HB779

Relating To Court-appointed Attorneys.

HI SB411

Relating To Court-appointed Attorneys.

HI HB829

Relating To Court-appointed Attorneys.

HI HB829

Relating To Court-appointed Attorneys.

HI HB779

Relating To Court-appointed Attorneys.

HI SB1217

Relating to the duty of an attorney ad litem appointed for a child to meet with the child before court hearings.

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