Rule 129.Transfer or Waiver Hearing.
Current through July 1, 2026 · Last verified September 11, 2026
Full Text of Rule 129
Amendment History
The Hawaiʻi State Judiciary’s compiled text of this rule carries no amendment order for this rule. For the adopting orders and any later amendments, see the Hawaiʻi State Judiciary’s rules page.
Plain-English Summary
Two sentences on the most consequential decision the juvenile side of this court makes. The person shall be represented by counsel at any transfer or waiver hearing. Not may be, and not if requested.
Rule 121(b)(8) defines what is at stake: a transfer or waiver hearing determines whether a person should be transferred for trial as an adult for a felony offence allegedly committed during their minority.
If the court orders the case transferred to criminal court, it shall make specific findings supporting its decision. Specific, not general, which is what allows the decision to be reviewed rather than merely announced. Rule 155 separately provides for the right to counsel in proceedings under the statutory sections it names.
Frequently Asked Questions
Do I get a lawyer at a Hawaii juvenile transfer hearing?
Yes. The person shall be represented by counsel at any transfer or waiver hearing.
What is a transfer or waiver hearing?
A hearing to determine whether a person should be transferred for trial as an adult for a felony offence allegedly committed during their minority.
Does the court have to explain a transfer?
Yes. If it orders the case transferred to criminal court, it shall make specific findings supporting its decision.
Is counsel required at other juvenile hearings?
Rule 155 provides for representation by retained counsel in all proceedings and addresses the right to counsel in the proceedings it names.
Which rule defines the hearing?
Rule 121(b)(8).