Judiciary committee advances package on bail, juror pay, court‑appointed counsel and judgeship

The Senate Judiciary committee advanced a package of bills affecting pretrial procedure, juror pay, court‑appointed counsel compensation and court capacity on March 13, voting to pass each bill with amendments and committee report language.

Committee members passed HB 127 (amended) to require courts to set or confirm bail at amounts a defendant can reasonably afford after an on‑the‑record discussion of the defendant’s finances and conditions of release. Sonny Ganniden, deputy public defender, told the committee the Office of the Public Defender “supports this bill” as a modest pretrial reform that puts “a conversation on the record.” The Honolulu Prosecutor's Office (Daniel Hugo) opposed the bill and raised concerns that detailed financial statements could create unintended perjury exposure.

HB 395, which would raise the per‑day payment to jurors, received support from the judiciary and the public defender’s office as a modest step to reduce hardship that can deter juror attendance. The committee signaled a target daily rate in committee report discussions and set an amended effective date for later implementation.

Two related bills to increase compensation for court‑appointed counsel were passed with committee amendments. HB 396 raises compensation rates and maximum per‑case allowances for appointed counsel in criminal proceedings; HB 398 raises rates for court‑appointed counsel and guardians ad litem in family and juvenile courts. Testimony from judges and practitioners described shortages of attorneys on neighbor islands: Judge Robert Kim described the Third Circuit’s loss of attorneys and a backlog that led to hundreds of unstaffed cases in Kona; several private attorneys and bar association representatives said the current $90 hourly rate (and associated caps) had not increased in decades and is driving attorneys away from appointed work. Judge Kim urged the committee to act, saying the shortage was producing “a matter of due process.”

Committee members also approved HB 401 to add one additional district court judgeship in the Third Circuit (West Hawaii). Judiciary witnesses described heavy dockets in Kona, a courtroom ready for assignment and frequent calendar backups that forced some cases to be continued. The public defender's office supported the judgeship but cautioned that adding calendars without expanding available attorneys will require parallel efforts to recruit or compensate counsel.

Each measure passed with amendments or committee report directions; several committee members noted they supported the intent of bills while reserving votes because of differences between the Senate and House versions. The committee also directed that appropriation requests tied to compensation increases be handled through the normal budget process or noted in committee reports where an appropriation request was made.