BACKGROUND
The
Office of the Public Defender was established pursuant to
Section 802-B, Hawai`i Revised Statutes, implementing Federal
and State constitutional mandates that any indigent person
charged with a criminal offense or threatened with the loss
of liberty shall be provided with the assistance of legal
counsel. The Office of the Public Defender became
operational on February 2, 1970 and has been
administratively attached to the Department of Budget and
Finance since 1980.
The
Defender Council serves as the governing body of the Office
of the Public Defender. Council members are appointed
by the Governor with at least one member appointed from each
county of the State. The State Public Defender is
appointed by the Defender Council.
The
Office of the Public Defender is the largest criminal
defense organization in the State of Hawai`i.
STATEMENT
OF PURPOSE
The
purpose of the Office of the Public Defender is to safeguard
individual rights in all criminal and related matters, from
arrest or threat of confinement through all stages of the
criminal proceedings including appeal and parole board
matters, if any, consistent with applicable laws, court
rules, and rules of professional responsibility.
Pursuant to this objective, the primary function of the
Office of the Public Defender is to provide the assistance
of effective counsel in all criminal and related
proceedings.
Under
ยง 802-1, Hawai`i Revised Statutes:
[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 or for which such person may
be or is subject to the provisions of Chapter 571; or (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
outpatient treatment under Chapter 334 shall be entitled to
be represented by a public defender. If, however,
conflicting interests exist, or if the interests of justice
require, the court may appoint other counsel.
BRANCH
OFFICES
The Office of the Public
Defender maintains branch offices in each of the four
judicial circuits including two offices on the Big
Island. Each office is responsible for providing legal
services to all qualified persons in all courts of the
respective circuit or geographic area and before the Hawai`i
Paroling Authority. The Appellate branch of the
Honolulu office handles appellate cases generated by all of
the office branches and cases where the office has been
appointed as substitute counsel for appeal. The main
office, in Honolulu, handles all administrative and fiscal
matters for all branches statewide.
