Right to counsel

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Litigation, Sexually Dangerous Persons - Registration/Notification

in Turner v. Hawaii Paroling Auth., 1 P.3d 768, 780 (Haw. Ct. App. 2000), the Intermediate Court of Appeals of Hawaii held that the due process clause of the Hawaii constitution provides an independent basis for the due process right to a sex offender classification hearing before certain requirements and limitations may be imposed on the offender, even though such a hearing is not required by federal law.  In reaching its holding, the court emphasized that the Hawaii constitution may provide greater protections than those afforded under the federal Constitution. It explained that while “‘the due process clause of the Hawaii Constitution is modeled after the fourteenth amendment to the United States Constitution, the due process protection under our state constitution is not necessarily limited to that provided by the United States Constitution.’”

Appointment of Counsel: categorical Qualified: yes