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The Honolulu Advertiser

Posted on: Thursday, January 27, 2005

Chief justice wants Kapolei complex

By Ken Kobayashi
Advertiser Courts Writer

Chief Justice Ronald Moon urged state lawmakers yesterday to approve $95 million for a Kapolei Court Complex that would house O'ahu's Family Court and services and a juvenile detention center.

Ronald Moon

The chief justice said that unless the money is approved and construction contracts for the 20-courtroom complex are signed by Dec. 31 next year, the judiciary will not get 13.6 acres donated by Campbell Estate for the facility.

"This legislative session is the last opportunity to fund this much-needed project," he told Senate and House members.

Some legislators supported Moon's request, while others said they will at least consider the chief justice's suggestions. But among those who use the Family Court housed in Ka'ahumanu Hale, the Circuit Court building on Punchbowl Street, the reaction largely depended on where residents live.

"It's good for us because we are planning to move to 'Ewa Beach," said Herminigildo Aquinaldo, 70, a Salt Lake resident who will make about five visits to the courthouse for a relative's divorce.

But Manoa resident Carla Lum, who was at the courthouse for an adoption, said the current location is more convenient for her. "You gotta go where the office goes," she said.

Moon, 62, chief justice for nearly 12 years, delivered his seventh State of the Judiciary speech to the legislative joint session in the Senate chambers. He started giving an annual speech to the Legislature in 1997; since 2001, the speech is delivered every other year at the start of a two-year session.

Moon also asked lawmakers to increase the hourly fee paid to court-appointed defense lawyers representing indigent criminal defendants. Without better compensation, he said, the lack of attorneys willing to defend those individuals will pose a "constitutional crisis."

STATE OF THE JUDICIARY

In his speech to the state Legislature yesterday, Chief Justice Ronald Moon:

• Urged lawmakers to approve $95 million for a 20-courtroom Kapolei Court Complex that would house O'ahu's Family Court, the Wai'anae District Court and a juvenile detention center.

• Reminded legislators that judges must decide cases on the law and evidence, even if the ruling is contrary to majority or popular opinion.

• Asked that the fee paid to court-appointed lawyers of indigent criminal defendants be increased. The current hourly rate is $40 for work outside court and $60 for work inside court.

• Applauded the statewide expansion of drug courts.

The lawyers earn $40 an hour for their time outside of court and $60 in court. Those rates were set in 1987.

On the Kapolei complex, Senate President Robert Bunda said the $95 million is a large sum, considering the other projects competing for money. But he said the complex "makes sense to serving the public and having the court system out there.

"We're going to look at it very seriously," he said.

Moon said the judiciary's "primary legislative initiative" will be the complex, which would provide a "one-stop" facility for all Family Court cases and services. Those include divorces, child custody hearings, adoptions and juvenile criminal cases. The complex will house the Wai'anae District Court, some Circuit Court criminal and civil trials, and a detention facility for up to 72 juveniles.

He noted that the complex will be convenient for Kapolei residents and nearby areas of 'Ewa, Wai'anae and Central O'ahu, and will help relieve H-1 traffic congestion and crowded conditions at the Circuit Court building. If the money isn't approved, the judiciary will lose a "once-in-a-lifetime opportunity" for the land, Moon said.

The chief justice warned that it is becoming increasingly difficult to find lawyers to defend indigent clients who cannot be represented by the Public Defender's Office. The statewide office represents clients unable to afford lawyers, but at times it cannot handle cases because of conflicts of interest, such as when the office already represents a co-defendant in a multiple-defendant case.

Moon said the rate is too low to cover the lawyers' overhead and provide them with fair compensation. He did not say how much the rates should be raised, but recommendations include increasing the fees to the $90 an hour paid to court-appointed defense lawyers representing indigents in federal court.

Moon's remarks were applauded by both state Public Defender Jack Tonaki and Attorney General Mark Bennett.

Tonaki said about 75 lawyers are approved by the court to handle work on O'ahu and estimates there are more than 100 statewide. But he said lawyers don't want to take cases because of the low rate, especially on appeals when the work is out of court at $40 an hour.

Bennett said there is a critical need for an increase. "I think in order to ensure that defendants charged in the criminal justice system receive appropriate, competent counsel, it is absolutely essential these rates be materially raised," he said.

Reach Ken Kobayashi at kkobayashi@honoluluadvertiser.com or 525-8030.