Rule 155.Right to Counsel.
Current through July 1, 2026 · Last verified September 11, 2026
Full Text of Rule 155
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 with different scopes. The first is unqualified: the parties may be represented by counsel retained by them in all proceedings. No proceeding under these rules is closed to a retained lawyer.
The second addresses appointment. In all proceedings under the two juvenile paragraphs, the court may appoint counsel for the child in any situation in which it deems advisable. The standard is the court judgment rather than a fixed trigger.
One proceeding takes the decision out of the court hands. Rule 129 requires that the person be represented by counsel at any transfer or waiver hearing, where the question is trial as an adult. Rules 131 and 140 require the child to be told of the right to counsel, on admission to detention and before testimony is taken.
Frequently Asked Questions
Can a child have a lawyer in Hawaii family court?
Yes. Parties may be represented by retained counsel in all proceedings, and the court may appoint counsel for the child where it deems advisable.
Is counsel ever required?
Yes. Rule 129 requires representation by counsel at any transfer or waiver hearing.
Who decides on appointed counsel?
The court, in any situation in which it deems appointment advisable, in proceedings under the two juvenile paragraphs.
Must the child be told about this right?
Can an attorney appear for part of a case?
Rule 11.1 governs limited appearance and withdrawal across these rules.