§28-2.5  Investigations.  (a)  The
attorney general shall investigate alleged violations of the law when directed
to do so by the governor, or when the attorney general determines that an
investigation would be in the public interest.



(b)  The attorney general, when conducting a
civil, administrative, or criminal investigation, or the county prosecuting
attorneys, when conducting a criminal investigation in their respective
jurisdictions, may, subject to the privileges enjoyed by all witnesses in this
State, subpoena witnesses, examine them under oath, and require the production
of any books, papers, documents, or other objects designated therein or any
other record however maintained, including those electronically stored, which
are relevant or material to the investigation.



(c)  A subpoena issued under subsection (b):



(1)  Shall state the name of the issuing authority and
shall command each person to whom it is directed to attend and give testimony
at the time and place specified therein, and may also command the person to
whom it is directed to produce books, papers, documents, or other objects
specifically designated therein;



(2)  May be served by any police officer or by any
employee of the issuing authority who has the powers of a police officer at any
place within the jurisdiction of the issuing authority;



(3)  Shall require attendance of the witness only in
the county wherein the witness is served with the subpoena or at such other
place as is agreed upon by the witness and the issuing authority; provided that
if the subpoena is served in a county other than that in which the witness
resides or is employed or transacts the witness' business in person, the
issuing authority shall bear the expense of travel by the witness to and
attendance at the place named in the subpoena to the same extent as provided by
the rules of court; and



(4)  Shall contain a short, plain statement of the
recipient's rights and the procedure for enforcing and contesting the subpoena.



(d)  The issuing authority shall pay to a financial
institution which is served a subpoena issued under this section a fee for
reimbursement of such costs as are necessary and which have been directly
incurred in searching for, reproducing, or transporting books, papers,
documents, or other objects designated by the subpoena.  Reimbursement shall be
paid at the rate of $15 per hour for research time and 50 cents per page for
reproduction.



(e)  Upon application by the attorney general
or the county prosecuting attorney who issued the subpoena, a circuit court of
the county wherein the witness resides or is found may compel obedience to the
subpoena; provided that the court, on motion promptly made, may quash or modify
the subpoena if compliance would be unreasonable or oppressive or violate any
privilege the witness may be entitled to exercise in a court proceeding.



(f)  Compliance with a subpoena issued pursuant
to this section shall not give rise to a civil action for damages by an
individual or entity as to whom testimony has been given or documents or other
things provided in compliance with the subpoena. [L 1972, c 33, §1; gen ch
1985; am L 1986, c 170, §1; am L 1990, c 279, §1; am L 1991, c 244, §1; am L
1992, c 273, §1; gen ch 1992]



 



Law Journals and Reviews



 



  Marsland v. First Hawaiian Bank:  Home Rule and the Scope of
the County Prosecutor's Power.  12 UH L. Rev. 261.



 



Case Notes



 



  Prosecutor's authority is derived directly from the authority
of the attorney general; prosecutor cannot have greater powers to subpoena than
the attorney general.  70 H. 126, 764 P.2d 1228.