RELATING TO COMPENSATION FOR COURT-APPOINTED REPRESENTATION.
SB265 increases compensation rates for court-appointed representation in Hawaii family and related court proceedings. The bill raises the hourly rate for attorneys licensed in the state from $90 to $150 for both in-court and out-of-court services, and raises the rate for non-attorneys from $60 to $122 for all services, whether performed in court or outside court. It also updates the maximum allowable fees that may be paid in certain cases, including child welfare and family law matters, increasing the caps from $3,000 to $5,500 in several categories and from $1,000 to $2,000 for postdisposition review hearings in certain cases.
The bill amends Section 571-87 of the Hawaii Revised Statutes, which governs compensation for appointed counsel and guardians ad litem. It preserves the court’s ability to approve payments above the statutory maximum when extraordinary circumstances are certified and approved by the administrative judge. In practical terms, the measure would increase state expenditures for court-appointed counsel and guardians ad litem, and would affect attorneys and non-attorneys appointed to represent parties in family court and other covered proceedings under chapters 560, 571, 580, 584, 587A, and 346, part X.
The general sentiment reflected in the available legislative history is supportive. The Senate Judiciary Committee passed the bill unanimously except for one dissenting vote, and the bill advanced without amendment. The measure was reported out and then passed second reading before referral to Ways and Means, suggesting broad agreement that compensation levels should be updated.
The main point of contention appears to be fiscal rather than policy-based: the bill increases both hourly rates and case maximums, which may raise costs for the judiciary and the state budget. No committee transcript is available here, but the structure of the bill and its referral to Ways and Means indicate that funding implications are likely the primary issue for further review. Supporters likely view the increases as necessary to ensure fair compensation and maintain access to qualified court-appointed representation, while any opposition would likely focus on the higher public cost.
SB265 would amend Hawaii Revised Statutes section 571-87 to increase the compensation rates and fee caps for court-appointed counsel and guardians ad litem. It would directly affect compensation in family court and related proceedings under chapters 560, 571, 580, 584, 587A, and 346, part X, while leaving intact the court’s authority to approve excess payments in extraordinary circumstances. The bill would likely increase state and judiciary expenditures for appointed representation and could improve recruitment and retention of attorneys and other appointed professionals.
The available voting history suggests the bill was generally well received. The Senate Judiciary Committee passed SB265 4-1 and did so without amendment, indicating substantial support for the policy. Its subsequent advancement to Ways and Means also suggests the measure was viewed as viable, with the remaining concern likely centered on cost and budget impact rather than disagreement over the need to raise compensation.
The principal contention is fiscal: SB265 raises hourly rates and maximum case fees, which could increase public spending on court-appointed representation. Those concerned about the bill are likely focused on the budgetary effect on the judiciary and state funds, especially as the bill moves to Ways and Means. Supporters, by contrast, appear to favor the increases as a way to provide fair compensation for appointed counsel and guardians ad litem and to ensure adequate representation in sensitive family and child welfare cases.