← Back to search

HRS §802-4

How the court decides if you qualify for a free lawyer

This section explains how the court decides if you are too poor to pay for a lawyer. A public defender checks your finances, and the court can review that decision. If you refuse to give financial information, you give up your right to a free lawyer.

courts

The statute, as written — Determination of indigency

Unless otherwise ordered by the court, the determination of indigency shall be made by a public defender, subject to review by the court. Such determination shall be based upon an appropriate inquiry into the financial circumstances of the person seeking legal representation and an affidavit or a certificate signed by such person demonstrating the person's financial inability to obtain legal counsel. A person shall waive the person's right to counsel by refusing to furnish any information pertinent to the determination of indigency.
Read the official text at capitol.hawaii.gov ↗as published Jan 6, 2026our copy taken Aug 20, 2026

LawTrove is not legal advice. The summary above is a computer-generated restatement — the authoritative text is the official version linked above.