In re Attorney’s Fees of DAVID BETTENCOURT, Petitioner/Court-Appointed Counsel-Appellant in STATE OF HAWAIʻI, Plaintiff, vs. JOSHUA GONDA, Defendant.
Attorney for Petitioner/Court-Appointed Counsel-Appellant: David Glenn Bettencourt
Attorneys for Respondent/Plaintiff-Appellee: Diane Erickson and Robyn B. Chun, Deputies Attorney General
NOTE: Order accepting application for transfer, filed 04/15/11.
COURT: MER, CJ; PAN, SRA, JED & SSM, JJ.
The above oral argument is set in:
Supreme Court courtroom
417 South King Street
Honolulu, HI 96813
Petitioner-Appellant David Bettencourt (Bettencourt) filed an application for transfer seeking
review of the First Circuit Court administrative judge's order, which reduced the amount of
attorney’s fees payable to him after the full amount of fees had previously been certified
as fair compensation by a trial judge. Bettencourt was court-appointed to represent an indigent
defendant in a case involving multiple attempted murder and firearms counts. After a jury trial,
the defendant was acquitted on all counts. Bettencourt subsequently requested court-appointed
attorney's fees of $38,529, in excess of the $6,000 statutory maximum allowed in felony cases
under Hawaii Revised Statutes (HRS) section 802-5(b). The circuit judge who had presided over
the trial certified the full amount requested as fair compensation; the administrative judge
This appeal involves questions of first impression involving the applicability and/or interpretation
of HRS § 802-5(b) and Criminal Administrative Order 1.1, and the scope of an administrative judge’s