§26-7  Department of the attorney general. 
The department of the attorney general shall be headed by a single executive to
be known as the attorney general.



The department shall administer and render
state legal services, including furnishing of written legal opinions to the
governor, legislature, and such state departments and officers as the governor
may direct; represent the State in all civil actions in which the State is a
party; approve as to legality and form all documents relating to the acquisition
of any land or interest in lands by the State; and, unless otherwise provided
by law, prosecute cases involving violations of state laws and cases involving
agreements, uniform laws, or other matters which are enforceable in the courts
of the State.  The attorney general shall be charged with such other duties and
have such authority as heretofore provided by common law or statute.



There shall be within the department of the
attorney general a commission to be known as the commission to promote uniform
legislation which shall sit in an advisory capacity to the attorney general and
to the legislature on matters relating to the promotion of uniform
legislation.  The composition of the commission shall be as heretofore provided
for the commission to promote uniform legislation existing immediately prior to
November 25, 1959.  The members of the commission shall be nominated, and
by and with the advice and consent of the senate, appointed by the governor for
terms of four years each, provided that each member shall hold office until the
member's successor is appointed and qualified; and provided also that the
provisions of section 26-34, limiting the appointment of members of boards and
commissions to two terms and the duration of membership to not more than eight
consecutive years shall not be applicable.



The functions and authority heretofore
exercised by the attorney general, high sheriff, and the commission to promote
uniform legislation as heretofore constituted are transferred to the department
of the attorney general established by this chapter. [L Sp 1959 2d, c 1, §13;
am L 1965, c 127, §1; Supp, §14A-12; HRS §26-7; am L 1969, c 123, §1 and c 175,
§12; am L 1975, c 20, §1; gen ch 1985; am L 1989, c 211, §10; am L 1990, c 281,
§11]



 



Case Notes



 



  Compromise agreement resolving legal claim against board of
land and natural resources was not binding on State without attorney general's
approval.  57 H. 259, 554 P.2d 761.



  Attorney general may represent a state employee in a civil
action while prosecuting the same employee in a criminal matter.  71 H. 598,
801 P.2d 548.



  Without express authorization of employees' retirement system
board, attorney general lacked power to file appeal on board's behalf from
circuit court's final order; where attorney general perceived conflict of
interest with board, attorney general was ethically obligated to recommend
retention of other counsel to represent board and take other appropriate
action.  87 H. 152, 952 P.2d 1215.