Right to counsel

Hawaii , Legislation , Truancy - Petition Against Child

Pursuant to Haw. Rev. Stat. § 571-11(2)(C), truancy matters in Hawaii are under the exclusive original jurisdiction of the family court, and such matters are treated as status offensesSee Haw. Rev. Stat. § 571-2 and In re Doe, 22 P.3d 987 (Haw. Ct. App. 1999). 

Under Haw. Rev. Stat. § 571-87(a), found within the general provisions covering family court matters, there is right to appointed counsel upon request for indigent persons. (“When it appears to a judge that a person requesting the appointment of counsel satisfies the requirements of chapter 802 for determination of indigency, … the judge shall appoint counsel … to represent the person at all stages of the proceedings, including appeal, if any.”).

Appointment of Counsel: Yes
Qualified: No
? If "yes", the established right to counsel or discretionary appointment of counsel is limited in some way, including any of: the only authority is a lower/intermediate court decision or a city council, not a high court or state legislature; there has been a subsequent case that has cast doubt; a statute is ambiguous; or the right or discretionary appointment is not for all types of individuals or proceedings within that category.