Chapter 802 — Chapter 802
12 sections in this chapter.
HRS §802-1 Right to representation by public defender or other appointed counsel
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§802-1 Right to representation by public defender or other appointed counsel. (a) Any indigent person who is: 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…
HRS §802-10 REPEALED
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§802-10 REPEALED. L 1987, c 283, §66.
HRS §802-11 Appointment of state public defender
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§802-11 Appointment of state public defender. The state public defender shall be appointed by the defender council without regard to chapters 76 and 89. The state public defender's appointment shall be for a term of four years except as otherwise provided herein, and until the st…
HRS §802-12 Organization of office; assistance
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§802-12 Organization of office; assistance. Subject to the approval of the defender council, the state public defender may employ assistant state public defenders and other employees, including investigators, as may be necessary to discharge the function of the office. Assistant …
HRS §802-2 Notification of right to representation
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§802-2 Notification of right to representation. In every criminal case or proceeding in which a person entitled by law to representation by counsel appears without counsel, the judge shall advise the person of the person's right to representation by counsel and also that if the p…
HRS §802-3 Request for appointment of counsel
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§802-3 Request for appointment of counsel. Any person entitled to representation by a public defender or other appointed counsel may at any reasonable time request any judge to appoint counsel to represent the person. [L 1971, c 185, pt of §1; HRS §705C-3; ren L 1972, c 9, pt of …
HRS §802-4 Determination of indigency
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§802-4 Determination of indigency. Unless otherwise ordered by the court, the determination of indigency shall be made by a public defender, subject to review by the court. Such determination shall be based upon an appropriate inquiry into the financial circumstances of the perso…
HRS §802-5 Appointment of counsel; compensation
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§802-5 Appointment of counsel; compensation. (a) When it shall appear to a judge that a person requesting the appointment of counsel satisfies the requirements of this chapter, the judge shall appoint counsel to represent the person at all stages of the proceedings, including app…
HRS §802-6 Subsequent ability to pay counsel
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§802-6 Subsequent ability to pay counsel. If at any time after counsel is appointed, the court having jurisdiction in the matter is satisfied that the defendant is financially able to obtain counsel or to make partial payment for the representation, the court may terminate the ap…
HRS §802-7 Litigation expenses
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§802-7 Litigation expenses. The court may, upon a satisfactory showing that a criminal defendant is unable to pay for transcripts or witness fees and transportation, or for investigatory, expert or other services, and upon a finding that the same are necessary for an adequate def…
HRS §802-8 Office of the state public defender
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§802-8 Office of the state public defender. An office of state public defender is hereby created within the department of budget and finance for administrative purposes. [L 1971, c 185, pt of §1; HRS §705C-8; ren L 1972, c 9, pt of §1; am L 1980, c 302, pt of §2]
HRS §802-9 Defender council
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§802-9 Defender council. The governor shall appoint a defender council consisting of five members, who shall serve at the governor's pleasure. There shall be at least one member from each of the counties of the State. The chairperson of the council shall be selected by its member…