Starting Jan. 1, the cost of filing a state lawsuit will increase under a measure approved by lawmakers this year to help fund nonprofit groups providing assistance to Hawaii residents who can’t afford to pay for legal services.
The legislation could generate an additional $1 million or more a year and was one of the key initiatives by the Access to Justice Commission, created by the Hawaii Supreme Court in 2007 after a study found that four of five low-income residents don’t get the legal help they need.
Gov. Neil Abercrombie’s office said the governor will sign the measure.
"The Judiciary’s responsibility is to provide access to justice to the citizens of the community," said attorney Gary Slovin, a member of the access commission’s legislative panel committee. "But the fact of the matter is many citizens do not have true access because they cannot afford the legal help, and that seems very unfair."
Hawaii is among at least 28 states that have such surcharges, said Robert LeClair, executive director of the Hawaii Justice Foundation.
The state Legislature created the program in 1996. People pay a surcharge when they file Circuit Court lawsuits, District Court eviction suits and appeals. The surcharges are in addition to court costs and filing fees.
This year’s legislation increases the surcharges for the first time and assesses surcharges on other District Court suits. The increases will be in two stages, the first starting Jan. 1 and the second Jan. 1, 2014.
The Legal Aid Society of Hawaii, one of the groups that receives the surcharge funds, estimated the increases would eventually boost revenue to $1.5 million a year. The current surcharges generate about $305,000, the group says.
But total legal services funding will still be lower than in past years because of reductions from other funding sources, LeClair said.
In addition to Legal Aid, other groups eligible for the money are the Domestic Violence Action Center, Hawaii Disability Rights Center, Mediation Center of the Pacific, Native Hawaiian Legal Corporation, University of Hawaii Elder Law Program and Volunteer Legal Services Hawai‘i.
The legislation received support from the nonprofit legal services groups, the access commission, the Hawaii Justice Foundation, the American Civil Liberties Union and the Hawaii State Bar Association.
Supporters point out that the surcharges have not increased despite inflation, a growing demand for the services and severe cutbacks in federal and state funding for nonprofits.
Opponents included the bar association’s collection law section, which includes lawyers seeking recovery on contractual debts. The League of Women Voters of Hawaii and some real estate and collection companies also opposed the measure.
Bill Plum, vice chairman of the bar’s collection law section, submitted testimony saying they believe indigent legal services should be supported, but that "unfairly and unjustly taxing" the "small segment of the population" that files lawsuits actually may prevent some people from having access to the courts.
Other opponents said current court fees range from $120 to $275 and raising the surcharges will add to the burden of using the courts to resolve disputes.
But Slovin said the surcharge is relatively "minuscule" compared with attorney fees that can run into the thousands of dollars and other filing costs.
