Maui Time

  • News
    • Walk Story: Mauitime 2018 Candidate Interviews
    • Business
    • Education
    • Health
    • Law Enforcement
    • News of the Weird
    • Politics
    • Science and Environment
    • Surf & Sports
  • Eh Brah
  • Culture
    • Activities
    • Fashion
    • Health and Wellness
    • History
    • Horoscope
    • Letters
    • Maui Community
    • People
    • Wedding
  • Entertainment
    • Art
    • Calendar
    • Community Events
    • Film Critique
    • Movies & Showtimes
    • Music
    • Stage
  • Food & Drink
    • Food News
    • Maui Bars
    • Made on Maui
    • Maui Restaurants
    • Recipes
  • Best of Maui
    • Best Restaurants and Bars, Food and Drink on Maui
      • BEST BAR ON MAUI
      • BEST BARISTA ON MAUI
      • BEST BBQ ON MAUI
      • BEST BENTO ON MAUI
      • BEST DINNER ON MAUI
      • BEST KEPT SECRET ON MAUI
      • BEST LOCAL BREWER ON MAUI
      • BEST BREAKFAST ON MAUI
      • BEST BURGER ON MAUI
      • BEST BURRITO ON MAUI
      • BEST BUSINESS LUNCH ON MAUI
      • BEST CHEF ON MAUI
      • BEST CHINESE ON MAUI
      • BEST COCKTAIL ON MAUI
      • BEST DINING WITH A VIEW ON MAUI
      • BEST DIVE BAR ON MAUI
      • BEST FARMERS MARKET ON MAUI
      • BEST FEMALE BARTENDER ON MAUI
      • BEST FINE DINING ON MAUI
      • BEST FISH AND CHIPS ON MAUI
      • BEST FISH SANDWICHES ON MAUI
      • BEST FISH TACOS ON MAUI
      • BEST FOOD BOOTH AT FAIR ON MAUI
      • BEST FOOD TRUCK ON MAUI
      • BEST HAPPY HOUR ON MAUI
      • BEST HEALTH FOOD STORE ON MAUI
      • BEST HOSTESS BAR ON MAUI
      • BEST ITALIAN FOOD ON MAUI
      • BEST JAPANESE ON MAUI
      • BEST KID FRIENDLY ON MAUI
      • BEST LOCAL CHEAP EATS ON MAUI
      • BEST LOCAL COFFEE HOUSE ON MAUI
      • BEST LOCAL FARM ON MAUI
      • BEST LOCAL FOOD ON MAUI
      • BEST LOCAL FOOD PRODUCT ON MAUI
      • BEST LOCAL HOT DOG ON MAUI
      • BEST LOCAL ICE CREAM ON MAUI
      • BEST LOCAL LATE NIGHT FOOD ON MAUI
      • BEST LOCAL LIQUOR STORE ON MAUI
      • BEST LOCAL PIZZA ON MAUI
      • BEST LOCAL SANDWICH ON MAUI
      • BEST LOCALLY MADE BEVERAGE ON MAUI
      • BEST LUAU SHOW ON MAUI
      • BEST LUNCH ON MAUI
      • BEST MAI TAI ON MAUI
      • BEST MALE BARTENDER ON MAUI
      • BEST MEXICAN FOOD ON MAUI
      • BEST NEW BAR ON MAUI
      • BEST NEW RESTAURANT ON MAUI
      • BEST NOODLE SHOP ON MAUI
      • BEST PANCAKES ON MAUI
      • BEST PAU HANA ON MAUI
      • BEST PLACE TO BUY ADULT BEVERAGES ON MAUI
      • BEST PLACE TO BUY POKE ON MAUI
      • BEST PLATE LUNCH ON MAUI
      • BEST PUPUS ON MAUI
      • BEST RESTAURANT ON MAUI
      • BEST RESTAURANT WITH KAMAAINA DEAL ON MAUI
      • BEST SAIMIN/RAMEN ON MAUI
      • BEST SEAFOOD ON MAUI
      • BEST SECRET WINE CELLAR ON MAUI
      • BEST SERVER ON MAUI
      • BEST SERVICE ON MAUI
      • BEST SHAVE ICE ON MAUI
      • BEST SMOOTHIE ON MAUI
      • BEST SPAM MUSUBI ON MAUI
      • BEST STEAK ON MAUI
      • BEST SUSHI ON MAUI
      • BEST VEGETARIAN ON MAUI
      • BEST VIETNAMESE ON MAUI
    • Best Arts Entertainment and Nightlife on Maui
      • BEST AKAKU PROGRAM ON MAUI
      • BEST BAND ON MAUI
      • BEST DINNER AND SHOW ON MAUI
      • BEST FEMALE MUSICIAN ON MAUI
      • BEST GALLERY ON MAUI
      • BEST KARAOKE ON MAUI
      • BEST LIVE THEATER ON MAUI
      • BEST LOCAL BLOG ON MAUI
      • BEST LOCAL CLUB DJ ON MAUI
      • BEST LOCAL COMEDIAN ON MAUI
      • BEST LOCAL FACEBOOK FEED ON MAUI
      • BEST LOCAL INSTRAGRAM ON MAUI
      • BEST LOCAL RADIO STATION ON MAUI
      • BEST LOCAL TWITTER FEED ON MAUI
      • BEST LOCAL VISUAL ARTIST ON MAUI
      • BEST MALE MUSICIAN ON MAUI
      • BEST MUSEUM ON MAUI
      • BEST OPEN MIC NIGHT ON MAUI
      • BEST PLACE TO DANCE ON MAUI
      • BEST PLACE TO SHOOT POOL ON MAUI
    • Best Businesses Goods and Services on Maui
      • BEST ADULT SHOP ON MAUI
      • BEST AUTO MECHANIC ON MAUI
      • BEST PLACE TO BUY AN UKELELE ON MAUI
      • BEST BIKE SHOP ON MAUI
      • BEST BOOKSTORE ON MAUI
      • BEST BRIDAL SHOP ON MAUI
      • BEST CONSIGNMENT STORE ON MAUI
      • BEST GREEN BUSINESS ON MAUI
      • BEST HARDWARE STORE ON MAUI
      • BEST HEAD SHOP ON MAUI
      • BEST HOME FURNISHING ON MAUI
      • BEST HOTEL/ACCOMODATIONS ON MAUI
      • BEST JEWELRY STORE ON MAUI
      • BEST LASER HAIR REMOVAL ON MAUI
      • BEST LOCAL BOUTIQUE ON MAUI
      • LOCAL CLOTHING DESIGNER
      • BEST LOCAL SURF SHOP ON MAUI
      • BEST MALE BARTENDER ON MAUI
      • BEST NEW BUSINESS ON MAUI
      • BEST OUT-OF-BUSINESS-BUSINESS ON MAUI
      • BEST PET SUPPLY STORE ON MAUI
      • BEST PLACE TO BUY MUSIC ON MAUI
      • BEST PLACE TO GET A BODYBOARD ON MAUI
      • BEST PLACE TO GET A FACIAL ON MAUI
      • BEST PLACE TO GET A MANICURE OR PEDICURE ON MAUI
      • BEST PLACE TO GET KITESURF GEAR ON MAUI
      • BEST PLACE TO GET WAXED ON MAUI
      • BEST PLACE TO SEE WW2 MEMOROBILIA ON MAUI
      • BEST PRESCHOOL/DAYCARE ON MAUI
      • BEST RECYCLING CENTER ON MAUI
      • BEST SALON ON MAUI
      • BEST SCUBA/SNORKEL SHOP ON MAUI
      • BEST SHOPPING CENTER ON MAUI
      • BEST SUP BOARD SHOP ON MAUI
      • BEST SWIMWEAR SHOP ON MAUI
      • BEST TATTOO SHOP ON MAUI
      • BEST WAY TO GET RID OF THE GIANT TV SITTING IN YOUR GARAGE ON MAUI
    • Best Sports and Lesiure on Maui
      • BEST ACTIVITIES COMPANY ON MAUI
      • BEST BARBECUING BEACH ON MAUI
      • BEST CHILDREN’S ACTIVITY ON MAUI
      • BEST COUNTY PARK ON MAUI
      • BEST FITNESS CLUB ON MAUI
      • BEST HIGH SCHOOL SPIRIT ON MAUI
      • BEST HIKE ON MAUI
      • BEST LOCAL AMATEUR SURFER ON MAUI
      • BEST LOCALS BEACH ON MAUI
      • BEST LOCAL COACH ON MAUI
      • BEST LOCAL GROM ON MAUI
      • BEST PLACE FOR OCEAN SPORT ETHUSIASTS ON MAUI
      • BEST PLACE TO BUY KITESURF GEAR ON MAUI
      • BEST PLACE TO WORKOUT WITH A VIEW ON MAUI
      • BEST PLAYGROUND ON MAUI
      • BEST PUBLIC POOL ON MAUI
      • BEST SCHOLASTIC ATHLETE ON MAUI
      • BEST SNORKELING SPOT ON MAUI
      • BEST SPA ON MAUI
      • BEST SWIMMING BEACH ON MAUI
      • BEST YOGA STUDIO ON MAUI
      • BEST YOGA TEACHER ON MAUI
      • BEST GYM ON MAUI
      • BEST RESORT POOL ON MAUI
    • Best Politics and Environment on Maui
      • BEST COMMUNITY NON-PROFIT ON MAUI
      • BEST COUNTY BLUNDER ON MAUI
      • BEST COUNTY OFFICAL ON MAUI
      • BEST ENVIRONMENTAL ISSUE ON MAUI
      • BEST ENVIRONMENTAL NON-PROFIT ON MAUI
      • BEST GUBERNATORIAL CANDIDATE ON MAUI
      • BEST MAYORAL CANDIDATE ON MAUI
      • BEST PLACE TO PAY RESPECT TO MAUI HISTORY ON MAUI
      • BEST PLACE TO SEE HAWAII AS IT WAS PRE-CONTACT ON MAUI
      • BEST POLITICAL ACTIVIST ON MAUI
      • BEST POLITICAL SCANDAL ON MAUI
      • BEST RESOURCE ON MAUI POLITICAL HISTORY ON MAUI
      • BEST SCARIEST PUBLIC FIGURE ON MAUI
      • BEST STATE BLUNDER ON MAUI
      • BEST TOWN TO LIVE IN ON MAUI
      • BEST TOWN TO VISIT ON MAUI
  • About
    • Advertise
    • Contact Us
    • Authors Page
  • Events
  • Add Your Event
  • Events by Venue
    • West Maui
    • South Maui
    • Central Maui
      • Maui Arts and Cultural Center
    • Upcountry Maui
  • How to tip Mauitime: Signal, email and US Postal
  • February 16, 2019
You are here: Home / News / Business / Hawaii Supreme Court: At-Risk Parents Now Have Right To Attorney

Hawaii Supreme Court: At-Risk Parents Now Have Right To Attorney

January 8, 2014 by Suzanne Kayian Leave a Comment

800px-Hawaii_Supreme_Court_(5721373234)

Indigent parents at risk of having the state terminate their parental rights now have access to legal counsel due to a recent Hawaii Supreme Court decision. In an unanimous opinion, the Court ruled that indigent parents have a constitutional right to legal counsel in cases where the State is seeking to place their children into the foster care system

Prior to the recent decision, parents at risk of losing their children who could not afford an attorney were often left with no resources to challenge the decision.

The Court’s decision arose out of a case involving an underage mother and her child. (Both minors’ identities are shielded by the court; the child is known only as TM.) The family court did not provide TM’s mother with a court-appointed attorney until after TM had been in foster care for 19 months; the family court subsequently terminated the parental rights of TM’s mother.

TM’s mother argued that the state violated her due process rights by terminating her parental rights because she did not have a fair opportunity to defend herself against the state in the earlier abuse and neglect stages.

The mother appealed the case, and on June 28, 2013, the Hawaii Intermediate Court of Appeals upheld the ruling of the family court in a 2-1 ruling; Chief Judge Craig Nakamura dissented, stating his belief that the family court abused its discretion in failing to appoint an attorney for TM’s mother earlier in the proceedings.

TM’s mother asked the Hawaii Supreme Court to review the Appeals Court opinion. In October 2013, Legal Aid Hawaii Appleseed, and the ACLU submitted a brief in support of the request for Supreme Court review and urged the Court to rule not just on the rights for TM’s underage mother, but for all parents regardless of age. The case was argued on December 5th, and on January 6, 2014 the court issued its decision. The decision became effective immediately.

“This is a happy day for Hawaii,” said Legal Aid Society of Hawaii’s Executive Director Nalani Fujimori Kaina. “This decision benefits both parents and their children by ensuring equal treatment of both parties by the court, and may help avoid situations where children are improperly removed from their homes.”

The court admitted that the lack of legal counsel can result in improper terminations of parental rights. The court also noted that “the State’s decision to deprive a parent of his or her child is often ‘more grievous’ than the State’s decision to incarcerate a criminal defendant.”

The right to legal counsel is essential for a fair trial in the criminal context; and the court recognized that it is also necessary for a fair procedure in parental termination proceedings.

“[The recent] decision protects our constitutional right to due process, and affirms the core American value that our courts operate in a fair and consistent manner for all,” said Daniel Gluck, Senior Staff Attorney for the ACLU of Hawaii.

Prior to the decision, access to court-appointed legal counsel for such cases in Hawaii was determined on a case-by-case basis by court officials. As such, an indigent parent would often have to navigate the judicial process without an advocate. This is contrary to the practice in nearly all other states, where counsel is automatically appointed for all indigent parents.

“Our justice system became more just today,” said Gavin Thornton, Deputy Director of the Hawaii Appleseed Center for Law and Economic Justice. “No parent should face a court alone as the State moves to take his or her child away.”

The decision followed the recommendations in a brief submitted to the court by a group of public service law organizations in Hawaii including Legal Aid Society of Hawaii; Hawaii Appleseed Center for Law and Economic Justice; and American Civil Liberties Union of Hawaii Foundation. The National Coalition for a Civil Right to Counsel worked with the three organizations on the drafting of the brief.

Referencing the amicus brief submitted by Legal Aid, Hawaii Appleseed, and the ACLU, the Hawaii Supreme Court noted that using a case-by-case approach required courts to determine in advance what difference legal representation might make; it also made it impossible to determine whether the decision to not appoint counsel affected the outcome of the case since unrepresented parents are not likely to be able to raise the issues showing that counsel was necessary.

Local civil rights advocates have praised the decision as a necessary safeguard for fair court procedures.

Photo of Hawaii Supreme Court building: Wikimedia Commons

Share this:

  • Click to share on Facebook (Opens in new window)
  • Click to share on Twitter (Opens in new window)
  • Click to share on Reddit (Opens in new window)
  • Click to share on LinkedIn (Opens in new window)
  • Click to share on Pinterest (Opens in new window)
  • Click to share on Tumblr (Opens in new window)
  • Click to share on Google+ (Opens in new window)
  • Click to email this to a friend (Opens in new window)
  • Click to print (Opens in new window)

Filed Under: Business Tagged With: ACLU, Civil Rights, Daniel Gluck, Hawaii Supreme Court

Comments

comments

Subscribe to Our Newsletter


Check your inbox or spam folder to confirm your subscription.

  • News
  • Education
  • Business
  • Health
  • Law Enforcement
  • News of the Weird
  • Politics
  • Science and Environment
  • Surf & Sports
  • Eh Brah
  • Culture
  • Activities
  • Fashion
  • Health and Wellness
  • History
  • horoscope
  • Letters
  • People
  • Wedding
  • Entertainment
  • Art
  • Calendar
  • Community Events
  • Film Critique
  • Music
  • Stage
  • Food & Drink
  • Maui Bars
  • Food News
  • Recipes
  • Maui Restaurants
  • Events
  • Add Your Event
  • Advertise
  • Contact Us
  • Authors Page

Copyright © 2019 · Genesis Framework · WordPress · Log in

loading Cancel
Post was not sent - check your email addresses!
Email check failed, please try again
Sorry, your blog cannot share posts by email.