Waiver of counsel, 2014
A juvenile can waive his or her right to have an attorney present during questioning, provided that the waiver is made voluntarily, knowingly, and intelligently.
- Restrictions on waivers
- No restrictions
- Reflects laws as of the end of 2013 legislative sessions.
Timing of counsel, 2013
In Hawaii, an attorney for a juvenile can be appointed at the following points in the process: Loss of Freedom / Institutionalization / Commitment / Imprisonment; All Stages of Proceedings / All Critical States of Proceedings.
Indigency requirements, 2013
Organized at the state level
Organizer: Hawaii Office of the Public Defender
(Additional detail concerning the organization and administration of juvenile defense is available in a state profile from the National Juvenile Defender Center.)
Indigency is not determined legislatively
Hawaii indigency law is governed by both juvenile and adult statutes, which provide for a determination of indigency Indigency is judicially determined. Court can / must appoint attorney for juvenile if there is a conflict of interest between the juvenile and the parent. Court can / must appoint attorney for juvenile if parent cannot be located / parent refuses to go to juvenile.
Courtroom shackling, 2015
No statewide restriction
Sex offender registration, 2015
Does not register
In Hawaii, no statute or court rule applies directly to juvenile competency, but a crimes code section states that the penal code chapter related to ‘Penal Responsibility and Fitness to Proceed’ is applicable to “crimes and offenses defined by other statutes”. Since the juvenile code defines status offenders and law violators in terms of offenses and crimes, the (adult) penal code applies.
No juvenile standard
Juvenile standard is the adult standard
Juvenile justice standard exists
JJ standard includes developmental immaturity