§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; or
(3) 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) 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; am L 2021, c 58, §9;
am L 2024, c 87, §7]
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).
Notes of Decisions
Cited in
19
cases (
1 in the last 5 years), 1979–2024 · leading case:
Alabama v. Shelton, 535 U.S. 654 (2002).
Alabama v. Shelton, 535 U.S. 654 (2002).
· cites it 2× “§ 11-2602 (West 2001); Haw. Rev. Stat. § 802-1 (1999); Ill. Comp.”
Scott v. Illinois, 440 U.S. 367 (1979).
· cites it 2× “29, § 4602 (1974) (all indigents under arrest or charged with crime if defendant requests or court orders); Hawaii: Haw. Rev. Stat. § 802-1 (1976) (any offense punishable by confinement in jail); Indiana: Ind.”
State v. Levi, 75 P.3d 1173 (Haw. 2003).
· cites it 4× “Thus, after April 22, 1981 and at the time of Defendant’s last sentencing on April 14, 1986, HRS § 706-606(b) required the court to impose a sentence of life imprisonment with the possibility of parole, the very sentence given Defendant.”
State v. Sinagoga, 918 P.2d 228 (Haw. App. 1996).
· cites it 4× “" HRS § 802-1 (1993) states in relevant part that [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 .”
State v. Choy Foo., 414 P.3d 117 (Haw. 2018).
· cites it 2× “"); HRS § 802-1 (2015) (providing that all indigent people faced with potential imprisonment are entitled to be represented by a public defender); HRS § 802-2 (1985) (requiring the court to advise all defendants in criminal cases who appear without counsel that they have a right…”
Rothgery v. Gillespie Cnty., 554 U.S. 191 (2008).
“2d 509 (2004); (9) Hawaii: see Haw. Rev. Stat. §§ 802-1 , 803-9 (1993); (10) Idaho: see Idaho Crim.”
Dan v. State, 879 P.2d 528 (Haw. 1994).
· cites it 2× “In opposition to Dan’s request for counsel, the prosecution argued, and the court agreed, that Dan had failed to: (1) submit the information required for a determination of indi-gency as set forth in the Appendix to the HRPP; and (2) comply with the statutory procedure for…”
State v. Tuipuapua, 925 P.2d 311 (Haw. 1996).
· cites it 4× “See HRS § 802-1 (1993). 25 Other procedural mechanisms governing forfeitures under HRS chapter 712A also indicate that the legislature intended such proceedings to be civil.”
State v. Dowler, 909 P.2d 574 (Haw. App. 1996).
· cites it 4× “) An indigent criminal defendant’s constitutional right to appointment of counsel is further codified in HRS § 802-1 (1993), which provides, in relevant part: Any indigent person who is (1) arrested far, charged with or convicted of an offense or offenses punishable by…”
State v. Ababa, 68 P.3d 618 (Haw. App. 2002).
· cites it 7× “” It is not until the arrested person is charged and appears in court without counsel that there is a duty to refer the person to the PD’s Office,, and that duty belongs to the presiding judge, not law enforcement.”
D'ambrosio v. State, 146 P.3d 606 (Haw. App. 2006).
· cites it 2× “However, at the time D'Ambrosio appeared before the HPA for his minimum-term hearing, HRS chapter 802, which sets forth the mechanism for providing counsel to an indigent prisoner, included the following relevant sections: § 802-1 Right to representation by public defender or…”
In the Interest of \A\" Child.", 193 P.3d 1228 (Haw. App. 2008).
· cites it 2× “HRS § 802-1 (1993) provides, in pertinent part: Right to representation by public defender or other appointed counsel.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.