§802-5  Appointment of counsel;
compensation.  (a)  When it shall appear to a judge that a person
requesting the appointment of counsel satisfies the requirements of this
chapter, the judge shall appoint counsel to represent the person at all stages
of the proceedings, including appeal, if any.  If conflicting interests exist,
or if the interests of justice require, the court may appoint private counsel,
who shall receive reasonable compensation for necessary expenses, including
travel, the amount of which shall be determined by the court, and reasonable
fees pursuant to subsection (b).  All expenses and fees shall be ordered by the
court.  Duly ordered payment shall be made upon vouchers approved by the
director of finance and warrants drawn by the comptroller.



(b)  The court shall determine the amount of
reasonable compensation to appointed counsel, based on the rate of $90 an hour;
provided that the maximum allowable fee shall not exceed the following
schedule:



(1)  Any felony case $6,000



(2)  Misdemeanor case -
jury trial 3,000



(3)  Misdemeanor case -
jury waived 1,500



(4)  Appeals 5,000



(5)  Petty misdemeanor case 900



(6)  Any other type of
administrative or judicial proceeding, including cases arising under section
571‑11(1), 571‑14(a)(1), or 571‑14(a)(2) 3,000.



Payment in excess of any maximum provided for
under paragraphs (1) to (6) 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 that court.



(c)  The public defender and the judiciary
shall submit to the department of budget and finance for inclusion in the
department's budget request for each fiscal biennium, the amount required for
each fiscal year for the payment of fees and expenses pursuant to this section.
[L 1971, c 185, pt of §1; HRS §705C-5; ren L 1972, c 9, pt of §1; am L Sp 1981
1st, c 22, §1; gen ch 1985; am L 1987, c 227, §1; am L 2004, c 202, §78; am L
2005, c 86, §§1, 2; am L 2006, c 133, §1]



 



Case Notes



 



  Total fees cannot exceed twice the maximum scheduled fee.  66
H. 366, 663 P.2d 630.



  The language of this section does not empower the Hawaii supreme court to compensate attorneys for services rendered before the United States
Supreme Court.  95 H. 28, 18 P.3d 890.



  "Case" means all matters within numbered case, not
each count. 6 H. App. 20, 709 P.2d 105.



  Where record indicated petitioner did not waive right to
appeal and trial counsel did not take steps to prosecute appeal, petitioner's
allegation of denial of effective assistance of counsel on appeal presented
colorable claim for post-conviction relief.  81 H. 185 (App.), 914 P.2d 1378.



  Discussed:  97 H. 1, 32 P.3d 647.