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Hawaii Revised Statutes

Haw. Rev. Stat. § 571-87 (2026)

  Appointment of counsel and guardian ad litem; compensation

✓ current as of July 2026
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     §571-87  Appointment of counsel and guardian ad litem; compensation.  (a)  When it appears to a judge that a person requesting the appointment of counsel satisfies the requirements of chapter 802 for determination of indigency, or the court in its discretion appoints counsel under chapters [587A] and 346, part X, or that a person requires appointment of a guardian ad litem, the judge shall appoint counsel or a guardian ad litem to represent the person at all stages of the proceedings, including appeal, if any.  Appointed counsel and the guardian ad litem shall receive reasonable compensation for necessary expenses, including travel, the amount of which shall be determined by the court, and reasonable fees pursuant to subsections (b) and (c).  All of these expenses and fees shall be certified by the court and paid upon vouchers approved by the judiciary and warrants drawn by the comptroller.

     (b)  The court shall determine the amount of reasonable compensation paid to appointed counsel and guardians ad litem, based on the following rates:

     (1)  $150 an hour for in-court or out-of-court services provided by an attorney licensed to practice law in the State; and

     (2)  $122 an hour for all services provided by a person who is not an attorney licensed to practice law in the State, whether performed in-court or out-of-court.

     (c)  The maximum allowable fee shall not exceed the following schedule:

     (1)  Cases arising under chapters 346, part X, and 587A:

          (A). Predisposition . . . . . . . . . $5,500; and

          (B). Postdisposition review hearing . $2,000; and

     (2)  Cases arising under chapters 560, 571, 580, and 584A . . . . . . . . . . . . .. . . . . . . . . $5,500.

     Payments in excess of any maximum provided for under paragraphs (1) and (2) may be made whenever the court in which the representation was rendered certifies, based upon representations of extraordinary circumstances, attested to by the applicant, that the amount of the excess payment is necessary to provide fair compensation in light of those circumstances, and the payment is approved by the administrative judge of that court.

     (d)  Nothing in this section shall preclude the judiciary from contracting for court-appointed counsel and guardian ad litem services pursuant to chapter 103D and based on contract amounts guided by the rates in subsection (b). [L 1987, c 376, §1; am L 1989, c 381, §4; am L 1990, c 234, §8; am L 2007, c 218, §1; am L 2008, c 201, §1; am L 2025, c 230, §1 and c 298, §16]

 

 

Notes of Decisions
Cited in 3 cases, 2009–2011 · leading case: In Re Bettencourt, 265 P.3d 1122 (Haw. 2011).
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In Re Bettencourt, 265 P.3d 1122 (Haw. 2011). · cites it 6× “One such statute is HRS § 571-87 (2006 & Supp. 2010), [3] which authorizes fees for court-appointed counsel and guardians ad litem in family court cases involving child protective services or adult protective services.”
Doe v. Doe, 202 P.3d 610 (Haw. App. 2009). · cites it 3× “At all times relevant to this case, HRS § 571-87(b) (2006) stated, in relevant part: § 571-87. Appointment of counsel and guardian ad litem; compensation.”
Attorney's Fees of Bettencourt v. Gonda, 265 P.3d 1122 (Haw. 2011). · cites it 6× “One such statute is HRS § 571-87 (2006 & Supp. 2010), 3 which authorizes fees for court-appointed counsel and guardians ad litem in family court cases involving child protective services or adult protective services.”
— Haw. Rev. Stat. § 571-87(b) — 3 cases
In Re Bettencourt, 265 P.3d 1122 (Haw. 2011). “One such statute is HRS § 571-87 (2006 & Supp. 2010), [3] which authorizes fees for court-appointed counsel and guardians ad litem in family court cases involving child protective services or adult protective services.”
Doe v. Doe, 202 P.3d 610 (Haw. App. 2009). “At all times relevant to this case, HRS § 571-87(b) (2006) stated, in relevant part: § 571-87. Appointment of counsel and guardian ad litem; compensation.”
Attorney's Fees of Bettencourt v. Gonda, 265 P.3d 1122 (Haw. 2011). “One such statute is HRS § 571-87 (2006 & Supp. 2010), 3 which authorizes fees for court-appointed counsel and guardians ad litem in family court cases involving child protective services or adult protective services.”
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