RES 168 Draft 01 2010-2012 - Laserfiche WebLink

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"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technique that is currently in place to evaluate the need for and assign court- appointed counsel is inefficient and outdated; furthermore, it discourages both consistency and fairness.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