RES 168 Draft 01 2010-2012 - Laserfiche WebLink

Home

COUNTY OF HAWAII STATE OF HAWAII RESOLUTION NO. 168 11 RESOLUTION REQUESTING THE HAWAII STATE ASSOCIATION OF COUNTIES TO INCLUDE IN ITS 2012 LEGISLATIVE PACKAGE AN AMENDMENT TO THE HAWAII REVISED STATUTES, SECTION 802 -4, BY AMENDING THE DEFINITION OF "INDIGENCY" AND "PARTIAL INDIGENCY" FOR CRIMINAL DEFENDANTS AND ESTABLISH CRITERIA TO CLEARLY DELINEATE CIRCUMSTANCES IN WHICH COURT - APPOINTED COUNSEL IS NECESSARY. WHEREAS, the State of Hawai`i has no concrete definition or criteria defining "indigency ". Moreover, Hawai`i Revised Statutes, section 802 -4 grants the Office of the Public Defender the exclusive right to determine whether or not a criminal defendant is indigent, and states as follows: " §802 -4 Determination of indigency. Unless otherwise ordered by the court, the determination of indigency shall be made by a public defender, subject to review by the court. Such determination shall be based upon an appropriate inquiry into the financial circumstances of the person seeking legal representation and an affidavit or a certificate signed by such person demonstrating the person's financial inability to obtain legal counsel. A person shall waive the person's right to counsel by refusing to furnish any information pertinent to the determination of indigency "; and WHEREAS, at present, the State of Hawai`i's process for determining indigency lacks legal necessities required by other states for criminal defendants; and WHEREAS, many states have a concrete cut -off point for indigency classification, such as; Washington State asserts that if a criminal defendant, after paying taxes, has an annual income of one hundred twenty -five percent (125 %) or less of the current federally established poverty level, he /she is indigent. The Georgia State Courts, which declares that for misdemeanor cases, criminal defendants must earn less than one hundred twenty -five percent (125 %) of the Federal Poverty Guidelines in order to qualify as indigent; however, in felony cases, criminal defendants must earn less than one hundred fifty percent (150 %) of the Federal Poverty Guidelines in order to qualify as indigent; and WHEREAS, currently, the Office of the Public Defender for the State of Hawai`i uses a very basic questionnaire. The form inquires briefly about the criminal defendant and defendant's spouse's jobs, and then asks criminal defendants to list assets (such as homes, cars and investments); monthly expenses (food, rent, medical /dental); and "Other Debts ". Aside from this information, the form contains only biographical information and itemizes any public assistance that the criminal defendant is receiving. While this information is certainly essential, it is merely a starting point for an in -depth investigation of the applicant's financial circumstances; and