Public-domain · open source
OpenJurist

Haw. Rev. Stat. § 802-1

Right to representation by public defender or other appointed counsel

Applied in 3 court decisions — leading case Scott v. Illinois (1979)

Most recently applied in Alabama v. Shelton (May 2002)

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…

How often courts cite this section

1979198019902000200210
citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

(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.

Official source: Hawaii State Legislature. Reproduced from public-domain Hawaii statutes; confirm against the official source for the current text. Not legal advice.