Hawaii

This page provides a breakdown of all major developments and right to counsel law that the NCCRC knows for this state, sorted by subject area. Click on either tab below to see the aspect it describes.

Color Key Explanation
Categorical Right To Counsel There is a right to counsel without qualification for all indigent individuals in this type of case (except that the individual may be required to request counsel).
Discretionary Appointment Of Counsel Courts are permitted but not required to appoint counsel for any indigent individual in this type of case. A request may be required.
Right Or Appointment Is Qualified The established right to counsel or discretionary appointment of counsel is limited in some way, including: the only authority comes from a lower/intermediate court decision or a city government, not a high court or state legislature; a case has cast doubt on prior authority; a statute is ambiguous; or the right or discretionary appointment is not for all individuals or proceedings within that type of case.
No Such Proceeding This state has no law creating a judicial proceeding of this type.
None While this state does not provide for or require appointment of counsel with respect to the given subject area, it does have something (such as a report or bar policy) that supports the right to or appointment of counsel for this subject area.
Other Because the "Other subject areas” category can include developments from different subject areas that do not work the same way as each other, a blanket categorization of this category is not possible.

Abuse/Neglect/Dependency - Accused Parents

Legislation

Legislation: timing of appointed counsel for parents

02/21/2017

A bill would specify that parents are entitled to appointed counsel early in the child welfare process.

 

Nccrc_involvement_icon NCCRC has worked with the bill sponsor on drafting.

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Discretionary appointment of counsel

The court may appoint counsel for any indigent parent in an abuse/neglect case, and for other parties if it is in the child's best interest.

Appointment of Counsel: discretionary Qualified: no

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Litigation

Key_development Question_mark

Hawaii Supreme Court says parents have right to counsel in abuse/neglect cases

01/06/2014

The Hawaii Supreme Court ruled that all parents have a constitutional right to counsel in abuse/neglect proceedings.

Appointment of Counsel: categorical Qualified: no

 

Nccrc_involvement_icon NCCRC recruited the amici, co-drafted the amicus brief, and worked with petitioner on oral argument.

Read more about this

Abuse/Neglect/Dependency - Children

Legislation

Key_development Question_mark

Discretionary appointment of counsel

The court may appoint counsel for a child in an abuse/neglect proceeding if it is in the child's best interest.

Appointment of Counsel: discretionary Qualified: no

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Adult Protective Proceedings - Proposed Ward

Legislation

Key_development Question_mark

Discretionary appointment of counsel

A court must appoint counsel for the subject of an adult protective proceeding if it makes certain findings about the need for counsel.

Appointment of Counsel: discretionary Qualified: no

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Benefits - Claimant

Litigation

Key_development Question_mark

Discretionary appointment of counsel

The Hawaii Supreme Court approved appointment of counsel in a workman's compensation case pursuant to broad inherent powers.

Appointment of Counsel: discretionary Qualified: yes

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Bypass of Parental Input into Abortion - Minor

Legislation

No such proceeding

There is no requirement that a minor obtain parental input prior to having an abortion.

Civil Commitment - Subject of Petition

Legislation

Key_development Question_mark

Right to counsel

There is a right to counsel for respondents in civil commitment cases.

Appointment of Counsel: categorical Qualified: no

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Custody Disputes - Children

Legislation

Key_development Question_mark

New law permits appointment of counsel for child in arbitrated custody dispute

07/11/2017

In a custody arbitration, the arbitrator may appoint counsel for the child at the expense of the parents.

Appointment of Counsel: discretionary Qualified: yes

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Guardianship/Conservatorship of Adults - Ward

Legislation

Key_development Question_mark

Right to counsel

There is a right to counsel for the respondent in a guardianship proceeding, but it requires a request.

Appointment of Counsel: categorical Qualified: yes

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Involuntary Medical Treatment

Legislation

Key_development Question_mark

Right to counsel - involuntary outpatient treatment

There is a right to counsel for people being subjected to involuntary outpatient mental health treatment.

Appointment of Counsel: categorical Qualified: no

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Paternity - Defendant/Respondent

Legislation

Key_development Question_mark

Discretionary appointment of counsel

A court may appoint counsel for any indigent party in a paternity proceeding.

Appointment of Counsel: discretionary Qualified: no

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Paternity - Petitioner or Child

Legislation

Key_development Question_mark

Discretionary appointment of counsel

A court may appoint counsel for any indigent party in a paternity proceeding.

Appointment of Counsel: discretionary Qualified: no

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Quarantine/Inoculation

Legislation

Key_development Question_mark

Right to counsel

There is a right to counsel for those being subjected to quarantine.

Appointment of Counsel: categorical Qualified: no

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Sexually Dangerous Persons - Commitment

Legislation

No such proceeding

There is no procedure in the state for confinement of a sexually dangerous/violent person.

Termination of Parental Rights (State) - Children

Legislation

Key_development Question_mark

Discretionary appointment of counsel

A court may appoint counsel for a child in a termination proceeding if it is in the child's best interest.

Appointment of Counsel: discretionary Qualified: no

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Termination of Parental Rights (State) - Birth Parents

Legislation

Discretionary appointment of counsel

The court may appoint counsel for indigent parents in termination proceedings, or for other parties if it is in the child's best interest.

Appointment of Counsel: discretionary Qualified: no

Read more about this

Litigation

Key_development Question_mark

Hawaii Supreme Court says parents have right to counsel in abuse/neglect cases

01/06/2014

The Hawaii Supreme Court ruled that all parents have a constitutional right to counsel in abuse/neglect proceedings.

Appointment of Counsel: categorical Qualified: no

 

Nccrc_involvement_icon NCCRC recruited the amici, co-drafted the amicus brief, and worked with petitioner on oral argument.

Read more about this

Truancy - Petition Against Child

Legislation

Key_development Question_mark

Right to counsel

Indigent Hawaii children have a right to appointed counsel upon request in truancy proceedings.

Appointment of Counsel: categorical Qualified: no

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Other Subject Areas

Legislation

Right to counsel - police officer sued civilly

A Hawaii statute requires appointment of counsel for defendant police officers in certain situations.

Appointment of Counsel: categorical Qualified: yes

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