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

The department shall administer and renderstate legal services, including furnishing of written legal opinions to thegovernor, legislature, and such state departments and officers as the governormay direct; represent the State in all civil actions in which the State is aparty; approve as to legality and form all documents relating to the acquisitionof any land or interest in lands by the State; and, unless otherwise providedby law, prosecute cases involving violations of state laws and cases involvingagreements, uniform laws, or other matters which are enforceable in the courtsof the State.  The attorney general shall be charged with such other duties andhave such authority as heretofore provided by common law or statute.

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

The functions and authority heretoforeexercised by the attorney general, high sheriff, and the commission to promoteuniform legislation as heretofore constituted are transferred to the departmentof 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 ofland and natural resources was not binding on State without attorney general'sapproval.  57 H. 259, 554 P.2d 761.

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

  Without express authorization of employees' retirement systemboard, attorney general lacked power to file appeal on board's behalf fromcircuit court's final order; where attorney general perceived conflict ofinterest with board, attorney general was ethically obligated to recommendretention of other counsel to represent board and take other appropriateaction.  87 H. 152, 952 P.2d 1215.