§802-1 Right to representation by public defender or other appointed counsel. (a) Any 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 the person may be or is subject to the provisions of chapter 571; (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 medical treatment under chapter 353, shall be entitled to be represented by a public defender. If, however, conflicting interests exist, or if the public defender for any other reason is unable to act, or if the interests of justice require, the court may appoint other counsel. (b) The appearance of the public defender in all judicial proceedings shall be subject to court approval. (c) The appearance of a public defender in all hearings before the Hawaii paroling authority or other administrative body or agency shall be subject to the approval of the chairperson of the Hawaii paroling authority or the administrative head of the body or agency involved. [L 1971, c 185, pt of §1; HRS §705C-1; ren L 1972, c 9, pt of §1 and am L 1972, c 44, §1(a); am L 1973, c 76, §1; am L 1976, c 92, §8; am L 1984, c 251, §2; gen ch 1985, 1993; am L 2011, c 72, §3; am L 2015, c 231, §5; am L 2021, c 58, §9; am L 2024, c 87, §7]
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