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HomeMy WebLinkAboutRES 168 Draft 01 2010-2012COUNTY 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 WHEREAS, many other states thoroughly examine the criminal defendant's finances and assets. Their assessment include questions regarding other persons living in the household (including children, dependants and contributing members of the household), as well as provide space for listing more than one job. Additionally, many states request substantially more data regarding the criminal defendant's assets, including: income provided to criminal defendant by individuals other than himself and his spouse, retirement benefits, any alimony /child support received, sporting equipment (such as boats and motorcycles), money owed to the criminal defendant, personal property of worth (such as appliances), "other valuable property" (such as gold, precious stones, jewelry, works of art, farm equipment, etc.), and the amount of cash a criminal defendant has on hand. It is only with a comprehensive inventory that the State will be able to make an accurate determination as to whether the criminal defendant warrants government- funded public defense for criminal actions; and WHEREAS, the Office of the Public Defender uses a standardized form to gather financial information on criminal defendants; however, they are not required by law to verify the information listed. The Office of the Public Defender is merely required to conduct "an appropriate inquiry into the financial circumstances of the person seeking legal representation ", and obtain "an affidavit or a certificate signed by such person demonstrating the person's financial inability to obtain legal counsel." Although criminal defendants must sign a sworn affidavit which, if inaccurate could result in prosecution, studies show that this process rarely deters untruthful parties. Furthermore, the Office of the Public Defender neither reports, nor furnishes the criminal defendant's request forms, to the Office of the Prosecutor when they find that the information provided is fraudulent; and WHEREAS, Office of the Public Defender's non - objective determinations are neither fair nor adequate because bias is present. As a result of this non - objective screening, it is certain that on occasion criminal defendants, who are in fact quite wealthy, and perfectly able to afford representation, are deemed to be indigent. Some designations of indigence may streamline the determination process by eliminating the need to gather and verify additional and substantial financial data; and WHEREAS, it is reasonable to require pay stubs and tax returns to accurately establish income. Similarly, employer verification, information from landlords /property managers can be useful in showing assets. It is not unusual to compel permission to run credit reports and retrieving banking information, before determining parties to be indigent. If a criminal defendant is already receiving public assistance, a number of jurisdictions automatically deem him indigent. By not verifying criminal defendants' financial information, the State runs a risk of providing public attorneys to individuals who can actually afford private counsel. This in turn, wastes scarce resources and runs the risk of providing sub - standard services to all people, which is poor public policy and constitutionally unsound; and WHEREAS, there are a number of difficulties when it comes to deciding which entity /entities should ultimately verify criminal defendants' applications for court- appointed counsel. While government entities certainly have more specialized knowledge, a conflict of interest is almost unavoidable. If prosecutors screen the cases, they can threaten to deny a criminal defendant counsel, unless he pleads guilty. If the public defenders office verifies the 2 indigency of potential cases, they run the risk of allowing their personal interests to affect their decisions as to accept or reject a criminal defendant. If the presiding judiciary is responsible for verifying indigency, it may violate the American Bar Association Model Code of Judicial Conduct. In 2008, the Nevada Supreme Court developed the applicable rule stating that a "determination of indigency should be performed by an independent board, agency, or committee, or by judges not directly involved in the case "; and WHEREAS, economic verification of potential indigents costs money so a number of jurisdictions charge an application fee for every person who is interested in receiving a public defender, and if the criminal defendant cannot pay the fee in advance, the amount is added to the judgment and sentence if the criminal defendant is convicted; and WHEREAS, a number of states use the "partially indigent" definition to distinguish those who are truly indigent from those who can contribute limitedly to the cost of their counsel. This label would be appropriate when criminal defendants are deemed partially able to pay for their own counsel; and WHEREAS, some criminal defendants who should not have a public defender falsely obtain a public defender and then request a jury trial which costs the State of Hawai`i thousands if not millions of dollars; and WHEREAS, because the State of Hawai`i has limited resources, it is essential that we make certain that funding is appropriately disbursed. The technique that is currently in place to evaluate the need for and assign court- appointed counsel is inefficient and outdated; furthermore, it discourages both consistency and fairness. These changes will create a far more defined and regulated system, and will streamline the process of determining indigency, ensuring that the constitutional rights of indigent people are met equitably; now, therefore, BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII that it requests the Hawai`i State Association of Counties to include in its 2012 Legislative Package an amendment to the Hawai`i Revised Statutes, section 802 -4 by submitting a resolution from the Hawai`i State Association of Counties labeled Exhibit 1, Exhibit A reflecting the proposed amendment to HRS 802 -4 and Justification Sheet labeled Exhibit B. 3 BE IT FINALLY RESOLVED that copies of this Resolution be transmitted to the Hawai`i State Association of Counties and the respective Mayors of the Counties of Hawai`i, Kaua`i, Maui, and the City and County of Honolulu. Dated at Hilo , Hawai`i, this 5th day of October , 2011. INTRODUCED BY: COUNCIL MEMBER, COUNTY OF HAWAII COUNTY COUNCIL County of Hawai`i Hilo, Hawai`i I hereby certify that the foregoing RESOLUTION was by the vote indicated to the right hereof adopted by the COUNCIL of the County of Hawaii on October 5, 2011 ATTEST: 'OIJNTY C LERK CHAIRPERSON & PRESIPrN11OFFICER 4 ROLL CALL VOTE Reference: C-387/Waived GKC RESOLUTION NO. 168 11 AYES NOES ABS EX BLAS X FORD X HOFFMANN X IKEDA X ONISHI X PILAGO X SMART X YAGONG X YOSHIMOTO X Reference: C-387/Waived GKC RESOLUTION NO. 168 11 EXHIBIT 1 Hawaii State Association of Counties (HSAC) Counties of Kaua`i, Maui, and Hawai`i, and City & County of Honolulu RESOLUTION REQUSTING THE STATE LEGISLATURE TO AMEND HAWAII REVISED STATUTES, SECTION 802 -4, REGARDING THE DEFINITION OF "INDIGENT" AND "PARTIALLY INDIGENT" 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 WHEREAS, many other states thoroughly examine the criminal defendant's finances and assets. Their assessment include questions regarding other persons living in the household (including children, dependants and contributing members of the household), as well as provide space for listing more than one job. Additionally, many states request substantially more data regarding the criminal defendant's assets, including: income provided to criminal defendant by individuals other than himself and his spouse, retirement benefits, any alimony /child support received, sporting equipment (such as boats and motorcycles), money owed to the criminal defendant, personal property of worth (such as appliances), "other valuable property" (such as gold, precious stones, jewelry, works of art, farm equipment, etc.), and the amount of cash a criminal defendant has on hand. It is only with a comprehensive inventory that the State will be able to make an accurate determination as to whether the criminal defendant warrants government- funded public defense for criminal actions; and WHEREAS, the Office of the Public Defender uses a standardized form to gather financial information on criminal defendants; however, they are not required by law to verify the information listed. The Office of the Public Defender is merely required to conduct "an appropriate inquiry into the financial circumstances of the person seeking legal representation ", and obtain "an affidavit or a certificate signed by such person demonstrating the person's financial inability to obtain legal counsel." Although criminal defendants must sign a sworn affidavit which, if inaccurate could result in prosecution, studies show that this process rarely deters untruthful parties. Furthermore, the Office of the Public Defender neither reports, nor furnishes the criminal defendant's request forms, to the Office of the Prosecutor when they find that the information provided is fraudulent; and WHEREAS, Office of the Public Defender's non - objective determinations are neither fair nor adequate because bias is present. As a result of this non - objective screening, it is certain that on occasion criminal defendants, who are in fact quite wealthy, and perfectly able to afford representation, are deemed to be indigent. Some designations of indigence may streamline the determination process by eliminating the need to gather and verify additional and substantial financial data; and WHEREAS, it is reasonable to require pay stubs and tax returns to accurately establish income. Similarly, employer verification, information from landlords /property managers can be useful in showing assets. It is not unusual to compel permission to run credit reports and retrieving banking information, before determining parties to be indigent. If a criminal defendant is already receiving public assistance, a number of jurisdictions automatically deem him indigent. By not verifying criminal defendants' financial information, the State runs a risk of providing public attorneys to individuals who can actually afford private counsel. This in turn, wastes scarce resources and runs the risk of providing sub - standard services to all people, which is poor public policy and constitutionally unsound; and WHEREAS, there are a number of difficulties when it comes to deciding which entity /entities should ultimately verify criminal defendants' applications for court- appointed counsel. While government entities certainly have more specialized knowledge, a conflict of interest is almost unavoidable. If prosecutors screen the cases, they can threaten to deny a criminal defendant counsel, unless he pleads guilty. If the public defenders office verifies the indigency of potential cases, they run the risk of allowing their personal interests to affect their decisions as to accept or reject a criminal defendant. If the presiding judiciary is responsible for verifying indigency, it may violate the American Bar Association Model Code of Judicial Conduct. In 2008, the Nevada Supreme Court developed the applicable rule stating that a 2 "determination of indigency should be performed by an independent board, agency, or committee, or by judges not directly involved in the case "; and WHEREAS, economic verification of potential indigents costs money so a number of jurisdictions charge an application fee for every person who is interested in receiving a public defender, and if the criminal defendant cannot pay the fee in advance, the amount is added to the judgment and sentence if the criminal defendant is convicted; and WHEREAS, a number of states use the "partially indigent" definition to distinguish those who are truly indigent from those who can contribute limitedly to the cost of their counsel. This label would be appropriate when criminal defendants are deemed partially able to pay for their own counsel; and WHEREAS, some criminal defendants who should not have a public defender falsely obtain a public defender and then request a jury trial which costs the State of Hawai`i thousands if not millions of dollars; and WHEREAS, because the State of Hawai`i has limited resources, it is essential that we make certain that funding is appropriately disbursed. The technique that is currently in place to evaluate the need for and assign court- appointed counsel is inefficient and outdated; furthermore, it discourages both consistency and fairness. These changes will create a far more defined and regulated system, and will streamline the process of determining indigency, ensuring that the constitutional rights of indigent people are met equitably; now, therefore, BE IT RESOLVED BY THE HAWAII ASSOCIATION OF COUNTIES that the Hawai`i State Legislature amend the Hawai`i Revised Statutes, Section 802 -4 with Exhibit A, and the Justification Sheet attached hereto as Exhibit B. BE IT FINALLY RESOLVED that copies of this Resolution be transmitted to the President of the State Senate, the Speaker of the State House of Representatives, the House Finance Committee Chairperson, Honorable Neil Abercrombie, Governor of the State of Hawai`i, and the respective Mayors of the Counties of Hawai`i, Kaua`i, Maui, and the City and County of Honolulu. Mel Raposo, President K. Angel Pilago, Vice President Stanley Chang, Secretary Joseph Pontanilla, Treasurer 3 THE TWENTY- LEGISLATURE, 2011 STATE OF HAWAII EXHIBIT A A BILL FOR AN ACT .B. NO. RELATING TO THE DEFINITION OF INDIGENT AND PARTIALLY INDIGENT. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII: SECTION 1. Section 802 -4, Hawai`i Revised Statutes, is amended to read as follows: " §802 -4 Determination of indigency. Lal Unless otherwise ordered by the court, the determination of indigency shall be made by [ court] an independent board, agency, or committee, or by judges not directly involved in the case and shall be known as the verification officers. Such determination shall be based upon an appropriate and thorough 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. Jj The definition of "indigent" shall be based on an objective determination of annual income and other resources, and shall comply with the following: a. 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. b. For felony cases, criminal defendants must earn less than one hundred fifty percent (150 %) of the Federal Poverty Guidelines in order to qualify as indigent. Financial Standards for Determining Indigence. Lll The financial standards set forth below shall be used to determine whether a defendant is indigent and shall be applied equally to each defendant in the county. In determining whether a defendant is indigent, the verification officers may consider the defendant's income, assets, property owned, outstanding obligations, necessary expenses, the number and ages of defendant's children, and spousal income that is available to the defendant. gl A defendant is considered indigent if: 1. The defendant's net household income does not exceed 125% of the Poverty Guidelines as established and revised annually by the United States Department of Health and Human Services and published in the Federal Register; and 2. The value of the non - exempt assets and property owned by the defendant: f does not exceed $2,500.00; ii does not exceed $5,000.00 in the case of a defendant whose household includes a person who is age 60 or over, disabled, or institutionalized; or does not exceed double the estimated cost of obtaining competent private legal representation on the offense(s) with which the defendant is charged. The following table indicates income levels guidelines: The income levels in the following table represent 125% of the U.S. Department of Health and Human Services Poverty Guidelines for 2008. 1 $10,400 2 14,000 3 17,600 4 21,200 5 24,800 6 28,400 7 32,000 8 35,600 For family units with more than eight members, add $3,600 for each additional member in the family when determining 125% of Poverty. Ti A defendant is considered indigent if, at the time of requesting appointed counsel, the defendant or the defendant's dependents have been determined to be eligible to receive food stamps, Medicaid 2 Temporary Assistance for Needy Families, Supplemental Security Income, or public housing. j A defendant is considered indigent if the defendant: f is currently serving a sentence in a correctional institution, is currently residing in a public mental health facility, or is the subject of a proceeding in which admission or commitment to such a mental health facility is sought, and does not have sufficient funds in his inmate trust account to hire counsel; and ii has no non - exempt assets or property in excess of the amounts specified in (b)(2)(B) above. 01 Definition of "partially indigent" (see section 802 -6): f A defendant determined to be partially indigent shall be eligible for appointment of counsel only upon payment to the county of an appointment fee of $100 if charged with one or more misdemeanors or $250 if charged with one or more felonies. If a defendant determined to be partially indigent pleads or is found guilty, the court may order the defendant to comply with a payment schedule to reimburse the county for all indigent defense costs in the case. A defendant shall be considered partially indigent if the defendant does not meet any of the standards for indigence set forth in (b)(2)(B) above and: 01 The defendant's net household income is greater than 125% but does not exceed 175% of the Poverty Guidelines as established and revised annually by the United States Department of Health and Human Services and published in the Federal Register; and ii The value of the non - exempt assets and property owned by the defendant: a. Does not exceed $2,500.00; b. Does not exceed $5,000.00 in the case of a defendant whose household includes a person who is age 60 or over, disabled, or institutionalized; or c. Does not exceed double the estimated cost of obtaining private legal representation on the offense(s) with which the defendant is charged. 01 Factors Not to be Considered. LAI A defendant's posting of bail or ability to post bail may not be considered in determining whether the defendant is indigent or partially indigent except to the extent it reflects the defendant's financial circumstances as measured by (b) above. Even when a 3 defendant has posted bail, the defendant's financial circumstances are measured by the financial standards stated in this rule. Except where the Defendant is a juvenile, the resources available to friends or relatives of the defendant may not be considered in determining whether the defendant is indigent. Only the defendant's financial circumstances as measured by the financial standards stated in this rule shall be used as the basis for determining indigence. LQ Payment by defendant A court that finds that a criminal defendant has financial resources to offset, in part or in whole, the costs of legal services provided under this Part, may order the defendant to pay the county that portion of the costs of legal services, provided that it finds that the defendant is able to pay. If a defendant is placed on probation or deferred adjudication, the court, as a condition of probation, may require repayment of all or a portion of the county's cost for providing legal representation if it does not impose a substantial financial hardship on the defendant or his legal dependants. Upon a determination of indigency, the Judge presiding over the case shall sign the form indicating the accused is indigent and shall immediately appoint an attorney pursuant to the approved attorney appointment list plan. fill A uniform, well - defined screening process to gather and verify substantial financial data shall include an in -depth investigation of the applicant's financial circumstances to make an accurate determination as to whether the criminal defendant warrants government- funded public defense. The following is the minimum required information: obtain biographical information; itemize any public assistance that the criminal defendant is receiving; list all jobs held by criminal defendant and defendant's spouse, even part - time jobs or cash only jobs; list assets (such as homes in any location, cars and investments); list monthly expenses (food, rent, medical/dental); list other debts; other persons living in the household (including children, dependants and contributing members of the household); list all jobs; 4 M list income provided to criminal defendant by individuals other than himself and his spouse; (10) list retirement benefits; (11) list any alimony /child support received or paid, or owed; (12) list sports equipment (such as boats and motorcycles); (13) list money owed to the criminal defendant; (14) list personal property of worth (such as appliances); (15) list other valuable property (such as gold, precious stones, jewelry, works of art, farm equipment, etc.); and (16) list the amount of cash a criminal defendant has on hand. Lel Fees. fli An application fee of $100.00 for one or more misdemeanors and $250 for one or more felonies shall be charged for every person interested in receiving a public defender to pay for the cost of verification of financial information. If the criminal defendant cannot pay the fee in advance, the amount is added to the judgment and sentence if the criminal defendant is convicted. Utilize a promissory note for the application fee which the criminal defendant signs before the disposition of the case. j For those defendants who are partially indigent, a contribution plan shall be devised to contribute to the cost of their counsel. If the criminal defendant cannot pay the fee in advance, the amount is added to the judgment and sentence if the criminal defendant is convicted. Utilize a promissory note for the application fee which the criminal defendant signs before the disposition of the case. The Office of the Public Defender shall report and furnish the criminal defendant's request forms to the Office of the Prosecutor or the State Attorney General when they find that the information provided is fraudulent, and advise the criminal defendant that fraudulent information shall result in 60 days jail time or and addition of 60 days jail time to any sentence to be served consecutively." 5 EXHIBIT B JUSTIFICATION SHEET PROPOSER: Hawai`i State Association of Counties TITLE: RELATING TO DEFINITION OF INDIGENCY PURPOSE: To promote fairness and consistency within our judicial system, it is proposed that the State of Hawai`i reconsider the current indigency definition, establish a screening program for financial need and third party review, and adopt a process which would clearly delineated the circumstances in which court- appointed counsel is necessary. MEANS: Amend HRS 802 -4 to: (a) Include a concrete definition of indigency to allow non - objective determination of annual income and other resources. Consider that if a criminal defendant is receiving some variety of public assistance, they may be deemed indigent; (c) Establish indigency at one hundred twenty -five percent (125 %) or less of the current federally established poverty level; (d) Include a "partially indigent" designation, which requires criminal defendants to reimburse the state for a portion or all of the cost of court- appointed counsel; (e) Establish a uniform, well - defined screening process that includes an in -depth investigation of the applicant's financial circumstances to make an accurate determination as to whether the criminal defendant warrants government- funded public defense; (f) Require that "indigency" should be performed by an independent board, agency, or committee, or by judges not directly involved in the case, (g) Gather and verify substantial financial data including: biographical information and itemize any public assistance that the criminal defendant is receiving, criminal defendant and defendant's spouse's jobs, list assets (such as homes in any location, cars and investments); monthly expenses (food, rent, medical /dental), other debts, other persons living in the household (including children, dependants and contributing members of the household), provide space for listing more than one job, income provided to criminal defendant by individuals other than himself and his spouse, retirement benefits, any alimony /child support received, sporting equipment (such as boats and motorcycles), money owed to the criminal defendant, personal property of worth (such as appliances), other valuable property (such as gold, precious stones, jewelry, works of art, farm equipment, etc.), and the amount of cash a criminal defendant has on hand; (h) Charge an application fee of at least $100.00 for one or more misdemeanors and $250 for one or more felonies to every person interested in receiving a public defender to pay for the cost of verification of financial information. If the criminal defendant cannot pay the fee in advance, the amount is added to the judgment and sentence if the criminal defendant is convicted. Utilize a promissory note for the application fee which the criminal defendant signs before the disposition of the case; (i) Devise a contribution plan for someone who is partially indigent to distinguish those who are truly indigent from those who can contribute limitedly to the cost of their counsel; (j) Require that the cases represented by public defenders are not chosen arbitrarily; and (k) Require Office of the Public Defender to report and furnish the criminal defendant's request forms to the Office of the Prosecutor (State Attorney General), when they find that the information provided is fraudulent, and advise the criminal defendant that fraudulent information shall result in 60 days jail time or and addition of 60 days jail time to any sentence to be served consecutively. JUSTIFICATION: The State of Hawai`i has limited resources, it is essential that we make certain that funding is appropriately disbursed. The technique that is currently in place to evaluate the need for and assign court- appointed counsel is inefficient and outdated; furthermore, it discourages both consistency and fairness. These changes will create a far more defined and regulated system, and will streamline the process of determining indigency, ensuring that the constitutional rights of indigent people are met equitably. 2