2015 Hawaii Revised Statutes
TITLE 38. PROCEDURAL AND SUPPLEMENTARY PROVISIONS
802. Counsel and Other Services for Indigent Criminal Defendants
802-1 Right to representation by public defender or other appointed counsel.

§802-1 Right to representation by public defender or other appointed counsel. (a) Any indigent person who is:

(1) Arrested for, charged with, or convicted of an offense or offenses punishable by confinement in jail or prison or for which the person may be or is subject to the provisions of chapter 571;

(2) Threatened by confinement, against the indigent person's will, in any psychiatric or other mental institution or facility;

(3) The subject of a petition for assisted community treatment under chapter 334; or

(4) The subject of a petition for involuntary medical treatment under chapter 353,

shall be entitled to be represented by a public defender. If, however, conflicting interests exist, or if the public defender for any other reason is unable to act, or if the interests of justice require, the court may appoint other counsel.

(b) Except as provided in section 334-126(f), the appearance of the public defender in all judicial proceedings shall be subject to court approval.

(c) The appearance of a public defender in all hearings before the Hawaii paroling authority or other administrative body or agency shall be subject to the approval of the chairperson of the Hawaii paroling authority or the administrative head of the body or agency involved. [L 1971, c 185, pt of §1; HRS §705C-1; ren L 1972, c 9, pt of §1 and am L 1972, c 44, §1(a); am L 1973, c 76, §1; am L 1976, c 92, §8; am L 1984, c 251, §2; gen ch 1985, 1993; am L 2011, c 72, §3; am L 2015, c 231, §5]

Revision Note

In the first paragraph, (1) to (4) reformatted as paragraphs (1) to (4) and "or" deleted in paragraphs (1) and (2) pursuant to §23G-15.

Case Notes

Failure of appointed counsel to give timely notice of appeal did not foreclose defendant's right to appeal. 57 H. 268, 554 P.2d 236 (1976).

Defendant waived right to counsel by not reporting to public defender during five weeks between arraignment and trial. 62 H. 298, 614 P.2d 397 (1980).

Indigent defendant charged with offense punishable by term of imprisonment entitled at trial to be assisted by appointed counsel. 80 H. 246 (App.), 909 P.2d 574 (1995).

Defendant did not waive right to court-appointed counsel where defendant requested substitute court-appointed counsel and was not afforded reasonable opportunity to show good cause for a substitute court-appointed counsel. 80 H. 262 (App.), 909 P.2d 590 (1995).