THE SENATE

S.C.R. NO.

76

THIRTY-SECOND LEGISLATURE, 2023

 

STATE OF HAWAII

 

 

 

 

 

SENATE CONCURRENT

RESOLUTION

 

 

Requesting the Judiciary TO conduct a study on existing laws, policies, and procedures THAT ARE DESIGNED TO assist and protect pro se parties with physical and intellectual disabilities.

 

 


     WHEREAS, it is in the State's best interest to address and minimize challenges that people with disabilities face, especially in legal proceedings; and

 

     WHEREAS, nineteen percent of adults in Hawaii have a disability; and

 

     WHEREAS, people with disabilities live in poverty at more than twice the rate of people without disabilities and are more likely to face economic hardship due to a significant wage gap, limited work opportunities, barriers to education, and additional expenses; and

 

     WHEREAS, these financial constraints can make obtaining legal counsel unduly burdensome and often result in people with disabilities having to represent themselves pro se in legal matters; and

 

     WHEREAS, legal proceedings in which there is a discrepancy of legal representation between opposing parties, including proceedings in which one party is represented by an attorney and the other is pro se, can engender predatory or even abusive behavior; and

 

     WHEREAS, persons with disabilities are particularly vulnerable to abuse and victimization due to physical, intellectual, and emotional challenges, and some pro se parties with disabilities have reported bullying or harassment by the opposing counsel; and

 

     WHEREAS, it is in the best interest of the State to reduce the risk for abuse in legal proceedings for people with disabilities and protect vulnerable pro se parties from undue economic and mental duress; and

 

     WHEREAS, to make informed policy decisions concerning the State's efforts to protect vulnerable populations in legal proceedings, it is necessary to understand the State's existing laws, policies, and procedures that are intended to prevent legal mistreatment; now, therefore,

 

     BE IT RESOLVED by the Senate of the Thirty-second Legislature of the State of Hawaii, Regular Session of 2023, the House of Representatives concurring, that the Judiciary is requested to conduct a study on existing laws, policies, and procedures that are designed to assist and protect pro se parties with physical and intellectual disabilities; and

 

     BE IT FURTHER RESOLVED that the Judiciary is requested to submit a report of its findings and recommendations, including recommendations for updating or strengthening protections for pro se parties with disabilities, and any proposed legislation, to the Legislature no later than twenty days prior to the convening of the Regular Session of 2024; and

 

     BE IT FURTHER RESOLVED that certified copies of this Concurrent Resolution be transmitted to the Chief Justice of the Hawaii Supreme Court, Administrative Director of the Courts, and Deputy Administrative Director of the Courts.

 

 

 

 

OFFERED BY:

_____________________________

 

 

Report Title: 

Judiciary; pro se representation; disabilities; study