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.

Abuse/Neglect/Dependency - Accused Parents

Legislation

Legislation: timing of appointed counsel for parents

02/21/2017

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

 

Nccrc_involvement_icon NCCRC 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.

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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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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.

Appointment of Counsel: categorical Qualified: no

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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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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

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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

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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