§802-1  Right to representation by public
defender or other appointed counsel.  Any indigent person who is (1)
arrested for, charged with or convicted of an offense or offenses punishable by
confinement in jail or prison or for which such person may be or is subject to
the provisions of chapter 571; or (2) threatened by confinement, against the
indigent person's will, in any psychiatric or other mental institution or
facility; or (3) the subject of a petition for involuntary outpatient treatment
under chapter 334 shall be entitled to be represented by a public defender. 
If, however, conflicting interests exist, or if the public defender for any
other reason is unable to act, or if the interests of justice require, the
court may appoint other counsel.



The appearance of the public defender in all
judicial proceedings shall be subject to court approval.



The appearance of a public defender in all
hearings before the Hawaii paroling authority or other administrative body or
agency shall be subject to the approval of the chairperson of the Hawaii
paroling authority or the administrative head of the body or agency involved.
[L 1971, c 185, pt of §1; HRS §705C-1; ren L 1972, c 9, pt of §1 and am L 1972,
c 44, §1(a); am L 1973, c 76, §1; am L 1976, c 92, §8; am L 1984, c 251, §2;
gen ch 1985, 1993]



 



Case Notes



 



  Failure of appointed counsel to give timely notice of appeal
did not foreclose defendant's right to appeal.  57 H. 269, 554 P.2d 236.



  Defendant waived right to counsel by not reporting to public
defender during five weeks between arraignment and trial.  62 H. 298, 614 P.2d
397.



  Indigent defendant charged with offense punishable by term of
imprisonment entitled at trial to be assisted by appointed counsel.  80 H. 246
(App.), 909 P.2d 574.



  Defendant did not waive right to court-appointed counsel
where defendant requested substitute court-appointed counsel and was not
afforded reasonable opportunity to show good cause for a substitute
court-appointed counsel.  80 H. 262 (App.), 909 P.2d 590.