Hawaii County is home to about 14.3% of the state’s population, but its courts hear about a quarter of the state’s paternity cases.
Unfortunately, many of the individuals involved in those cases are indigent and can’t afford an attorney. To further complicate matters, the Legal Aid Society of Hawaii has limited resources and has been forced to decline to represent a number of parties in those cases, forcing them to represent themselves in court.
A pilot program put into place on May 15, 2023, by the Hawaii Supreme Court has taken bold steps toward rectifying the problem, according to Jessica “Jaycee” Uchida, Legal Aid Society of Hawaii senior attorney, and Third Circuit District Family Court Judge Darien Nagata.
The Rural Paternity Advocate Pilot Project, or RPAPP, allows advocates — paralegals who have received specialized training pertinent to courtroom advocacy in paternity cases — to assist litigants with paternity, child custody and visitation matters in Family Court.
The two advocates, Haunani Magalianes and LoriAnne Richards, began making court appearances in December 2023 after completing the training, which included 14 classroom hours, five hours of courtroom observation, and 20 to 50 hours of providing direct client services to Legal Aid Society of Hawaii clients under the supervision of Uchida and Hawaii Island Managing Attorney Scott Shishido.
“This pilot project is a cutting-edge solution that addresses the disproportionately high number of paternity petitions filed in the Third Circuit,” Nagata said recently. “This pilot project is the first of its kind to be implemented in Hawaii. It is one of the first of its kind to be implemented in the nation.”
Under the order establishing the program, the RPAPP is in effect until May 30, 2025, and LASH is ordered to submit a report about the project on or before Feb. 2, 2025, that will include the “recommendation regarding the long-term or permanent implementation of the pilot project and whether (it) achieved the benefits envisioned by the proposal.”
“Through the use of nonattorney advocates such as Ms. Richards and Ms. Magalianes, with the appropriate training, preparation and supervision, the RPAPP has been able to achieve a number of positive outcomes for Legal Aid clients and, ultimately, the other family members whose lives are touched by the court case,” said Uchida.
“A recent client whom Ms. Magalianes assisted with obtaining full custody of her children shared that, ‘I don’t think I would have known what to say’ (if I represented myself). ‘I would not be able to speak up for myself. I feel like I have another light in my life now that this is taken care of. … The support I received was so genuine.’”
According to Uchida, “Representation under the pilot project is determined on a case-by-case basis and is available to parties who are eligible for Legal Aid’s services, regardless of gender.”
“It has enabled our office to provide more services to our clients here in East Hawaii thanks to the support of the Hawaii State Judiciary, Judge Nagata and the hard work of our advocates, Ms. Richards and Ms. Magalianes,” she said.
According to Nagata, the pilot project was presented at the Hawaii Access to Justice Conference in June, where both she and Uchida “spoke as to the implementation, growth, and success of the program.”
“The creation of the curriculum along with the creation of the court process was a time-consuming and an arduous task as this is the first of its kind in the Hawaii and one of the first in the nation,” the judge said. “LASH’s training of paralegals, which includes court observation, also took time. While supervision and training still occur, the advocates handle court hearings on their own.
“We are now at the point in the pilot project with the majority of the cases initiated having a quick outcome and disposition.”
Those quick outcomes and dispositions, according to Nagata, have allowed the court to increase the number of cases heard via the pilot project.
Both Uchida and Nagata hope the pilot project will become a permanent part of the local legal landscape after its review next year by the high court.
“It is incredibly rewarding to be a part of a project that feels community-led,” Uchida said. “We’re all working together to address barriers and needs. Through this project, community members are getting the representation they need and having their stories told, and 100% of our clients gave positive feedback on the representation they received.
“I hope that the success of this pilot project demonstrates how innovative models like this one can make a real difference in people’s lives.”
According to Nagata, LASH, the Judiciary and the Supreme Court deserve credit “for recognizing the need for such a program and committing to innovative ways to being a part of the solution.”
”Family Court can be a high intensity, highly emotional, and complex court,” she said. “Navigating the system is not always simple. Having an option in place for the underrepresented population to be represented benefits the litigants, the Judiciary and the community.”
Email John Burnett at jburnett@hawaiitribune-herald.com.
