Report Title:

Family Courts; Counsel and GAL Compensation

Description:

Clarifies that judiciary may contract for professional services for counsel and guardian ad litem, pursuant to chapter 103D and reasonable rates of compensation.

THE SENATE

S.B. NO.

1132

TWENTY-SECOND LEGISLATURE, 2003

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

relating to family courts.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. Section 571-87, Hawaii Revised Statutes, is amended to read as follows:

"§571-87 Appointment of counsel and guardian ad litem; compensation. (a) When it appears to a judge that a person requesting the appointment of counsel satisfies the requirements of chapter 802 for determination of indigency, or the court in its discretion appoints counsel under chapters 587 and 346, part X, or that a person requires appointment of a guardian ad litem, the judge shall appoint counsel or a guardian ad litem to represent the person at all stages of the proceedings, including appeal, if any. Appointed counsel and the guardian ad litem shall receive reasonable compensation for necessary expenses, including travel, the amount of which shall be determined by the court, and fees pursuant to subsection (b). All of these expenses shall be certified by the court and paid upon vouchers approved by the judiciary and warrants drawn by the comptroller.

(b) The court shall determine the amount of reasonable compensation to appointed counsel and guardian ad litem, based on the rate of $40 an hour for out-of-court services, and $60 an hour for in-court services with a maximum fee in accordance with the following schedule:

(1) Cases arising under chapters 587 and 346, part X:

(A) Predisposition $1,500;

(B) Postdisposition review hearing $500;

(2) Cases arising under chapters 560, 571, 580, and 584 $1,500.

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 that the amount of the excess payment is necessary to provide fair compensation and the payment is approved by the administrative judge of such court.

(c) Nothing in this section shall preclude the judiciary from contracting for these professional services pursuant to chapter 103D and based upon reasonable rates of compensation."

SECTION 2. New statutory material is underscored.

SECTION 3. This Act shall take effect upon its approval.

INTRODUCED BY:

_____________________________

By Request