Office of the Public Defender - Department of Budget and Finance

State of Hawaii Department of Budget and Finance

OFFICE OF THE PUBLIC DEFENDER

BACKGROUND

The Office of the Public Defender was established pursuant to Section 802-B, Hawai`i Revised Statutes, implementing Federal and State constitutional mandates that any indigent person charged with a criminal offense or threatened with the loss of liberty shall be provided with the assistance of legal counsel. The Office of the Public Defender became operational on February 2, 1970 and has been administratively attached to the Department of Budget and Finance since 1980.

The Defender Council serves as the governing body of the Office of the Public Defender. Council members are appointed by the Governor with at least one member appointed from each county of the State. The State Public Defender is appointed by the Defender Council.

The Office of the Public Defender is the largest criminal defense organization in the State of Hawai`i.

STATEMENT OF PURPOSE

The purpose of the Office of the Public Defender is to safeguard individual rights in all criminal and related matters, from arrest or threat of confinement through all stages of the criminal proceedings including appeal and parole board matters, if any, consistent with applicable laws, court rules, and rules of professional responsibility. Pursuant to this objective, the primary function of the Office of the Public Defender is to provide the assistance of effective counsel in all criminal and related proceedings.

Under § 802-1, Hawai`i Revised Statutes:

[a]ny 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 such person may be or is subject to the provisions of Chapter 571; or (2) threatened by confinement, against the indigent person's will, in any psychiatric or other mental institution or facility; or (3) the subject of a petition for involuntary outpatient treatment under Chapter 334 shall be entitled to be represented by a public defender. If, however, conflicting interests exist, or if the interests of justice require, the court may appoint other counsel.

BRANCH OFFICES

The Office of the Public Defender maintains branch offices in each of the four judicial circuits including two offices on the Big Island. Each office is responsible for providing legal services to all qualified persons in all courts of the respective circuit or geographic area and before the Hawai`i Paroling Authority. The Appellate branch of the Honolulu office handles appellate cases generated by all of the office branches and cases where the office has been appointed as substitute counsel for appeal. The main office, in Honolulu, handles all administrative and fiscal matters for all branches statewide.

ELIGIBILITY FOR LEGAL SERVICES

The Office of the Public Defender will provide legal services to any person who is financially unable to obtain a private attorney according to the indigency guidelines, and:

who has been arrested for, charged with, or convicted of an offense or offenses punishable by imprisonment;
who has been arrested for or charged with a law or ordinance violation for which such person may be or is subject to the provisions of Chapter 571, Hawai`i Revised Statutes (under which a minor may be adjudicated a law violator);
whose probations or parole may be revoked;
whose liberty is threatened by confinement, against his or her will, in any psychiatric or other mental institution or facility;
who is the subject of a petition for involuntary outpatient treatment; or
who is otherwise entitled by law to be represented by legal counsel (e.g. Expedited Sentencing Program, Act 316, 1993 Session Laws).

QUALIFICATION FOR PUBLIC DEFENDER SERVICES

Pursuant to Chapter 802, Hawai`i Revised Statutes, any indigent person who qualifies for public defender services will be entitled to legal services at any point in the criminal and juvenile justice process from arrest to conviction and appeal, or detention in the case of civil commitment, to disposition.

In determining whether a person qualifies for public defender representation, the Office of the Public Defender follows the provisions of HRS § 802-4 and the guidelines pronounced by the Hawai`i Supreme Court in State v. Mickle, 56 Haw. 23, 525 P.2d 1108 (1974).

HRS § 802-4 provides that "... the determination of indigency ... shall be based upon an appropriate inquiry into the financial circumstances of the person seeking legal representation and an affidavit or a certificate signed by such person demonstrating the person's financial inability to obtain legal counsel."

Unless otherwise ordered by the court, the Office of the Public Defender makes the initial determination of indigency, based upon an appropriate inquiry into the financial circumstances of the person seeking public defender representation and an affidavit or declaration signed by such person demonstrating his or her financial inability to obtain legal counsel. See HRS § 802-4. Public defender services will be provided to such persons subject to review by the court. A person waives the right to counsel by refusing to furnish any information pertinent to the determination of indigency.

APPLICATIONS FOR PUBLIC DEFENDER SERVICES

To qualify for Public Defender services, an application must be completed and submitted to the applicable branch office. The following application forms are included herein:

Oahu: Felony

District

Family

Maui: Felony / District / Family

Hawai`i: Felony / District / Family

Kauai: Felony / District / Family

ADDRESSES AND TELEPHONE NUMBERS

OAHU OFFICE

1130 North Nimitz Hwy.

Suite A-254

Honolulu, HI 96817

APPEALS: (808) 586-2080