STAND. COM. REP. NO.206

Honolulu, Hawaii

, 2001

RE: S.B. No. 98

 

 

Honorable Robert Bunda

President of the Senate

Twenty-First State Legislature

Regular Session of 2001

State of Hawaii

Sir:

Your Committee on Judiciary, to which was referred S.B. No. 98 entitled:

"A BILL FOR AN ACT RELATING TO LEGAL SERVICES FOR THE INDIGENT,"

begs leave to report as follows:

The purpose of this measure is to delete the sunset provision of the surcharge for indigent legal services.

Your Committee received testimony in support of this measure from the Judiciary, Attorney General, Hawaii Justice Foundation, Legal Aid Society of Hawaii, Volunteer Legal Services of Hawai'i, Domestic Violence Clearinghouse and Legal Hotline, Hawaii State Bar Association, Native Hawaiian Legal Corporation, and Hawaii Disability Rights Center.

Act 305, Session Laws of Hawaii (SLH) 1996, enacted a surcharge system for indigent legal services to provide an additional source of funding for legal services to indigent persons. The surcharge is on certain court filings that is paid regardless of the income of the person making the filing, and is paid into the indigent legal assistance fund (fund) created by the Act. Act 305, SLH 1996, was scheduled to be repealed on June 30, 1999, but Act 121, SLH 1998, extended the sunset to June 30, 2002. This measure makes the Act permanent.

This measure also adds pro bono legal services to the definition of "civil legal services", making pro bono services eligible for assistance under the indigent legal assistance fund (fund). Your Committee wishes to clarify that the funds for pro bono services are intended to be used for administrative and overhead expenses of the entity or agency bringing the client and the attorney together, but not for payment of that attorney. This measure deletes the requirement that moneys in the fund revert to the general fund on June 30, 2002, to be consistent with making the fund permanent.

As affirmed by the record of votes of the members of your Committee on Judiciary that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 98 and recommends that it pass Second Reading and be referred to the Committee on Ways and Means.

Respectfully submitted on behalf of the members of the Committee on Judiciary,

____________________________

BRIAN KANNO, Chair