Hawaii Revised Statutes

Haw. Rev. Stat. § 802-4 (2026)

Determination of indigency

✓ current as of July 2026

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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 person seeking legal representation and an affidavit or a certificate signed by such person demonstrating the person's financial inability to obtain legal counsel. A person shall waive the person's right to counsel by refusing to furnish any information pertinent to the determination of indigency. [L 1971, c 185, pt of §1; HRS §705C-4; ren L 1972, c 9, pt of §1 and am L 1972, c 44, §1(c); gen ch 1985]

Case Notes

Factors to be considered in determination of indigency. 56 H. 23, 525 P.2d 1108 (1974).

Notes of Decisions

Cited in 2 cases, 2002–2018 · leading case: State v. Choy Foo., 414 P.3d 117 (Haw. 2018).

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State v. Choy Foo., 414 P.3d 117 (Haw. 2018). · cites it 2× “See HRS § 802-4 (1974) (permitting public defenders to make indigence determinations, subject to court review, unless the court orders otherwise); HRS § 802-5 (2015) (providing for the court to appoint counsel for indigent defendants).”

State v. Ababa, 68 P.3d 618 (Haw. App. 2002). · cites it 3× “HRS § 802-4. The plain language of HRS § 803-9, especially when read with HRS §§ 802-1 to 802-^t, does not require law enforcement to contact the PD’s Office for an arrested person unless and until the person requests the contact be máde.”

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