Attorney's Fees of Mohr v. Powers

Concurring Opinion by

RAMIL, J.

I agree with the majority’s holding in Part II.A. that an ICA order denying in part or in full attorneys’ fees and costs under HRS § 802-5(b) is appealable under HRS § 602-59 as a collateral order. See majority, at 4, 32 P.3d at 650. I also agree that the ICA abused its discretion in granting Mohr only 2.2 of the 21.3 hours requested for research. See majority at 8, 32 P.3d at 654. I write separately, however, to express my concern about the inadequate hourly rate paid to court-appointed private counsel under HRS § 802-5. In my view, the current rate—far below…