Press Article: Addressing the Attorney Shortage in Hawaiʻi’s Courts
Lawmakers in Hawaiʻi are taking steps to tackle a critical shortage of court-appointed attorneys, a situation that attorneys and judges warn may not be sufficient to resolve the crisis. The issue has come to light through individual cases such as that of Makaalohi Liftee, who struggled for nearly five months to secure legal representation after being charged with driving under the influence.
Liftee’s experience underscores the challenges many defendants face when relying on the court system for lawyers. With public defenders overwhelmed and private attorneys scarce, many individuals wait extended periods for representation, often missing work during court appearances that yield no resolution. In Kona, where the crisis is most acute, more than a third of defendants have been waiting over three months.
This shortage is exacerbated by low compensation rates for attorneys. While legislators have recently voted to increase the hourly rate for court-appointed lawyers from $90 to $150, this is still below the federal rate of $175. Moreover, caps on case compensation remain significantly lower than what private attorneys typically charge, dissuading many from accepting court-appointed work.
Judges and legal advocates express concern over the systemic impact of this shortage. Delays not only stall justice for defendants but also hinder victims seeking closure in their cases. Amid ongoing staffing challenges, lawmakers’ recent budget allocation of over $2 million aims to provide some relief, yet many worry it won’t fully resolve the backlog.
Experts emphasize that attracting young attorneys to take on these cases is vital for sustainable improvement. While increased rates could draw back some private lawyers, significant systemic changes are needed to restore the integrity of Hawaiʻi’s public defense system and uphold defendants’ constitutional rights.
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