Rule 26 Attorney's Liability for Costs: Disqualification of Sureties

Here's what this rule means for you.

If you hire a lawyer for a district court case in Hawaiʻi, your lawyer is personally responsible for paying the court costs that come up during your case. This means the court can hold the attorney accountable for these costs, not just you as the client.

The rule also sets limits on who can act as a surety, which is someone who promises to pay if a bond isn't covered. Lawyers, court officers, and court employees are not allowed to serve as sureties on bonds in cases before the court. The only exception is if the court specifically gives permission. This rule exists to avoid conflicts of interest, since people who work for or with the court shouldn't also be financially backing bonds in cases the court is handling.