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

(b)  The attorney general, when conducting acivil, administrative, or criminal investigation, or the county prosecutingattorneys, when conducting a criminal investigation in their respectivejurisdictions, may, subject to the privileges enjoyed by all witnesses in thisState, subpoena witnesses, examine them under oath, and require the productionof any books, papers, documents, or other objects designated therein or anyother record however maintained, including those electronically stored, whichare relevant or material to the investigation.

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

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

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

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

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

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

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

(f)  Compliance with a subpoena issued pursuantto this section shall not give rise to a civil action for damages by anindividual or entity as to whom testimony has been given or documents or otherthings provided in compliance with the subpoena. [L 1972, c 33, §1; gen ch1985; am L 1986, c 170, §1; am L 1990, c 279, §1; am L 1991, c 244, §1; am L1992, c 273, §1; gen ch 1992]

 

Law Journals and Reviews

 

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

 

Case Notes

 

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