Rule 6 In Forma Pauperis Criteria
Rule Text
(a) Conditions on Relief
(1) The Superior Court shall grant in forma pauperis status to an individual who meets either one of the following criteria:
(A) The individual or a member of his or her household receives a means-tested benefit (including but not limited to NAP, SSI, Section 8 housing, LIHEAP, MLSC representation, and PSS free school lunch). Documentation of current eligibility for the identified program must be attached to the application for in forma pauperis status; or
(B) The total gross income of all household members is at or less than 125% of the U.S. poverty standard for Hawaii. For purposes of this test, benefits received under NAP, SSI, Section 8 housing (including utility assistance), LIHEAP, MLSC representation, and PSS free school lunch do not count as income. Documentation of income of all household members must be attached, unless a reasonable explanation for not doing so is provided.
(b) Subject to Superior Court Discretion
(1) The Superior Court may grant in forma pauperis status to any individual who faces an economic hardship or has other persuasive reasons for needing in forma pauperis relief. The Superior Court shall exercise its discretion and may consider among other factors:
(A) the individual’s real or personal property owned;
(B) the age of dependents;
(C) outstanding debts or lifestyle;
(D) medical issues;
(E) whether income is protected by law (such as Social Security benefits, Veteran’s benefits, NMI Retirement Fund benefits, etc.);
(F) whether income is designated for special use (such as child support or child benefits); and
(G) control over income (where the household includes members who are not legally liable for the individual).