Haw. Sup. Ct. Order: order585

order and expiring on Friday, May 30, 2025 (herein, “Program

Deadline”), unless extended or made permanent by order of this

court. Materials related to the pilot project are appended to

this order as Exhibit “A”.

IT IS FURTHER ORDERED:

A. Procedure. The presiding judge of the Family Court of

the Third Circuit of the State of Hawaiʻi, on application by the

Legal Aid Society of Hawaiʻi, is authorized to consent to the

appearance of a qualified Advocate in family court cases

involving issues related to paternity, child custody and

visitation and such consent shall be filed in the record of the

court. The application to have an Advocate appear in the case

should set forth: (1) that the client has consented in writing

to such appearance; and (2) that a supervising attorney has

indicated in writing approval of such appearance.

B. Duration of authorization. The presiding judge of the

Family Court of the Third Circuit shall have the discretion to

revoke the Advocate’s authority to appear in the case. In

addition, the authority of the Advocate to appear in the case

shall terminate at the Program Deadline, which deadline may be

extended or made permanent by order of this court.

IT IS FURTHER ORDERED that the Legal Aid Society of Hawaiʻi

shall submit a report on the pilot project to this court on or

before Friday, February 7, 2025. The report shall set forth:

2

(1) the pilot project’s performance (e.g., the number of matters

included in the project); (2) a recommendation regarding the

long-term or permanent implementation of the pilot project; and,

(3) any other information to determine whether the pilot project

has achieved the benefits envisioned by the proposal. The

report may also include a request to extend the program.

A copy of the report shall be served on the Access to

Justice Commission (AJC) and the Hawaiʻi State Bar Association

(HSBA) for comment, and the AJC and HSBA may submit any comments

on the program to the court within 60 days after service. The

Legal Aid Society of Hawaiʻi, AJC or HSBA may request an

extension of these deadlines for good cause.

DATED: Honolulu, Hawai‘i, May 15, 2023.

/s/ Mark E. Recktenwald

/s/ Sabrina S. McKenna

/s/ Todd W. Eddins

/s/ Lisa M. Ginoza

/s/ Katherine G. Leonard

3

RURAL PATERNITY ADVOCATE PROJECT

1. Purpose

The purpose of the Rural Paternity Advocate Project is to establish a program to provide

representation by advocates, working under the supervision of a Hawai‘i-licensed attorney, for self-represented clients in paternity or other practice areas as authorized by the Hawai‘i Supreme Court in

which low-income parties are significantly underrepresented.

The program will help to alleviate continuing critical unmet needs in paternity cases as most litigants

are unrepresented by attorneys in paternity cases. While the Child Support Enforcement Agency will

work to establish paternity and child support, they do not get involved in the custody and visitation

issues that are often raised in these cases.

This program will also focus on our neighbor island communities where the number of attorneys is

lower and access to justice services more limited. This project would also be an opportunity to have

advocates who are familiar and engaged in their communities provide valuable and longer-term service

in promoting increased access to justice.

The advocates selected will be supervised by a Hawaii-licensed attorney and in accordance with

Hawai‘i Rules of Professional Conduct (“HRPC”) Rule 5.3 and all other pertinent rules and statutory

authority.

2. Process

a. The project will be established by the Hawai‘i Supreme Court as a pilot project for Legal Aid

Society of Hawai‘i in the field of paternity law or other practice areas authorized by the Hawai‘i

Supreme Court in the Third Circuit. 1

b. For the pilot period, only advocates currently employed by the Legal Aid Society of Hawai‘i

will take part in the training. These advocates will be designated as an “Advocate.”

c. Training: A draft of the curriculum is attached. Briefly, the curriculum would consist of 14

classroom hours; 5 courtroom observation hours; and 20 to 50 hours shadowing an attorney

working paternity cases.

d. The Advocate must have the following qualifications:

• A college degree from an accredited university; or

• An ABA-approved paralegal certificate or degree; or

• Seven years of relevant experience.

1 The Chief Justice’s December 23, 2016 letter to the Access to Justice Commission states: “In addition to landlord/tenant

issues, the court would also be open to the possibility of these services being applicable to domestic violence, paternity

or other family court cases, if the Commission finds it appropriate.”

Exhibit “A”

Page 1 of 8

e. Scope of Practice:

• Obtain the facts that are pertinent to the client.

• Inform the client of applicable procedures, including deadlines, documents which must be

filed, and the anticipated course of the legal proceeding.

• Inform the client of applicable procedures for proper service of process and the filing of

documents.

• Review documents or exhibits that the client has received from the opposing party and

explain their relevancy to the client.

• Conduct appropriate legal research.

• Draft and cause to be filed all necessary documents relevant to the case; provided, all

pleadings and documents shall be reviewed and approved by the supervising licensed

attorney before filing.

• Obtain the necessary documents or records relevant to his/her case.

• Interact with self-represented opposing parties or their legal representatives, including

participating in a mediation and/or negotiating a resolution.

• Provide full representation in court.

f. Limitations:

• The Advocate will be supervised by a Hawaii-licensed attorney in the employ of Legal Aid

Society of Hawai‘i. In accordance with HRPC Rule 5.3, the attorney is responsible for the

conduct of the Advocate and shall make reasonable efforts to ensure that the Advocate’s

conduct is compatible with the professional obligations of the attorney.

• The Advocate is prohibited from independently engaging in the practice of law, outside

the scope of this project.

• The clients must be eligible for services by the Legal Aid Society of Hawai‘i.

• The client must not be represented by an attorney.

3. Pilot Period

The pilot period for this model project is at least eighteen months (18) after approval of the

establishment of the Advocate program in order to provide adequate time for training, court

observation and shadowing and ample time for advocacy such that the evaluation can take place.

Exhibit “A”

Page 2 of 8

Rural Paternity Advocate Project

14 classroom hours covering:

Paternity Law

Paternity Law Civil Procedure

Paternity Law Case Strategy

Mediation

Paternity Law Court Advocacy

Client Interviewing

Ethics

5 courtroom observation hours

10 to 50 hours shadowing an attorney working on paternity cases

Subject / Course: Rural Paternity Advocacy Preparation Course

Topic: Paternity Law

Place/Date/Time Via On-Line Platform, Date and Time TBD

Lesson 1. Basics of Paternity Law (1 hour)

Lesson Objectives: • Identify all of the statutes on the topic of paternity law

• Review HRS§584 and discuss relevant case law

• Provide real world examples of application

Summary of activities:

• Discuss interface between voluntary establishment of paternity and

paternity.

Lesson 2. Child Custody, Visitation and Child Support (1 hour)

Lesson Objectives: • Understand legal standards used for child custody and visitation

• Understand how child support is calculated and the role of the

Child Support Enforcement Agency in Paternity cases

• Review child custody and visitation standards and applicable case

law

Summary of activities:

• Discuss how child custody decisions are made

• Practice child support calculations

Lesson 3. Paternity Pleadings and Procedure (1 hour)

• Understand the initial pleadings needed for the Establishment of

Lesson Objectives: Paternity and the Establishment of Custody After Voluntary

Establishment of Paternity

• Go over initial pleadings and their relationship to the statute and

Summary of activities: court rules

• Practice completion of initial sample pleadings

Exhibit “A”

Page 3 of 8

Instructors: Legal Aid Society of Hawai‘i Attorney Staff

Subject / Course: Rural Paternity Advocacy Preparation Course

Topic: Paternity Law Civil Procedure

Place/Date/Time Via On-Line Platform, Date and Time TBD

Lesson 4. Evidence (1 hour)

• Understand the potential contested issues in paternity cases

Lesson Objectives: • Understand the evidence that can be used

• Understand how the discovery process works and intersection with

fact finders and social studies

• Review sample initial pleadings and identify potential defenses or

areas which can be contested

Summary of activities: • In each contested issue, begin to identify evidence that can be used to

support or oppose the issue and understand what is admissible and

what would not be admissible in court

Instructors: Legal Aid Society of Hawai‘i Attorney Staff

Subject / Course: Rural Paternity Advocacy Preparation Course

Topic: Case Strategy

Place/Date/Time Via On-Line Platform, Date and Time TBD

Lesson 5. Developing a Legal Strategy in a Paternity Case (2 hours)

• Understand how to develop a legal theory of a case and create a legal

strategy for paternity case issues:

Lesson Objectives: o establishing and defending against paternity

o custody

o visitation

o child support

• Overview of how to develop a legal theory with evidence.

Summary of activities: • Creating of a legal strategy for various hypothetical cases involving

the establishment of and defense against paternity and custody,

visitation, and child support.

Instructors: Legal Aid Society of Hawai‘i Attorney Staff

Exhibit “A”

Page 4 of 8

Subject / Course: Rural Paternity Advocacy Preparation Course

Topic: Mediation

Place/Date/Time Via On-Line Platform, Date and Time TBD

Lesson 6. Mediation (1 hour)

Lesson Objectives: • Understanding of the mediation process and how it may be used in

paternity, custody and visitation cases

Summary of activities: • Presentation by mediation service providers on how mediation works

Legal Aid Society of Hawai‘i Attorney Staff

Instructors:

Mediation Program Staff

Exhibit “A”

Page 5 of 8

Subject / Course: Rural Paternity Advocacy Preparation Course

Topic: Court Advocacy

Place/Date/Time Via On-Line Platform, Date and Time TBD

Lesson 7. Court Advocacy Part I: Court Proceedings (1 hour)

• Understand how paternity cases are handled in the courtroom and

Lesson Objectives: procedures that will need to be followed in the different hearings

• Introduction of family court rules of procedure

• Overview of what happens in court, the different types of hearings

and what to expect.

Summary of activities:

• Practice on making appearances.

• Begin overview of family court rules of procedure.

Lesson 8. Court Advocacy Part 2: Court Rules (1 hour)

• Continued learning of family court rules of procedure

Lesson Objectives:

• Introduction of evidentiary rules and objections

• Continued discussion of family court rules of procedure and

Summary of activities: applicability

• Overview of evidentiary rules and objections

Lesson 9. Court Advocacy Part 3: Exhibits (1 hour)

• Understand how to create an exhibit list

Lesson Objectives:

• Understand how to introduce an exhibit

• Continued discussion of family court rules of procedure and

Summary of activities: applicability

• Overview of evidentiary rules and objections

Lesson 10. Court Advocacy Part 4: Examination Overview (1 hour)

Lesson Objectives: • Understand how to conduct a direct examination and cross-examination

• Coverage of rules on direct examination and cross-examination as

well as objections

Summary of activities:

• Observation of good and bad examinations as well as practical tips

on examination

Lesson 11. Court Advocacy Part 5: Examination Practice (1 hour)

Lesson Objectives: • Understand how to conduct a direct examination and cross-examination

• Practice direct and cross examination and objections

Summary of activities:

• Receive feedback on practice

Exhibit “A”

Page 6 of 8

Instructors: • Legal Aid Society of Hawai‘i Attorney Staff

Subject / Course: Rural Paternity Advocacy Preparation Course

Topic: Client Interviewing

Place/Date/Time Via On-Line Platform, Date and Time TBD

Lesson 12. Client Interviewing (1 hour)

Lesson Objectives: • Learn techniques for effective and efficient client interviewing and

relationship building

• Introduction of techniques

Summary of activities:

• Client interview practice and feedback

Instructor: Legal Aid Society of Hawai‘i Attorney Staff

Subject / Course: Rural Paternity Advocacy Preparation Course

Topic: Ethics

Lesson 13. Lesson 13. Basic Legal Ethics (1 hour)

Place/Date/Time Via On-Line Platform, Date and Time TBD

Lesson Objectives: • Understand and application of confidentiality, privilege, conflicts of

interest, and scope of unauthorized practice of law exemption

• Overview of ethics rules

Summary of activities:

• Application of ethic rules to potential case situations

Instructors: Legal Aid Society of Hawai‘i Attorney Staff

Exhibit “A”

Page 7 of 8

Subject / Course: Rural Paternity Advocacy Preparation Course

Topic: Practice

Place/Date/Time Family Court and Other Locations, Date and Time TBD

Courtroom and Practice Observation (5 hours)

Lesson Objectives: • To become familiar with court processes and procedures in paternity

cases

• Be physically present in a courtroom with paternity cases and take

notes on procedure, substance, and issues

Summary of activities: • Be physically present during mediations and other client meetings and

take notes on observations

• Discuss observations with and ask questions of supervising attorney

Shadowing and Practice (10 - 50 hours)

Lesson Objectives: • To put into practice under close supervision of supervising attorney

the handling of paternity cases from start to finish

• Client interview, pleadings drafting, case strategy development,

Summary of activities: discovery, motion drafting, preparation for court appearance, and

court appearances under supervision of supervising attorney

Instructors: Legal Aid Society of Hawai‘i Attorney Staff

Exhibit “A”

Page 8 of 8