§28-8.3  Employment of attorneys.  (a) No department of the State other than the attorney general may employ or retainany attorney, by contract or otherwise, for the purpose of representing theState or the department in any litigation, rendering legal counsel to thedepartment, or drafting legal documents for the department; provided that theforegoing provision shall not apply to the employment or retention ofattorneys:

(1)  By the public utilities commission, the labor andindustrial relations appeals board, and the Hawaii labor relations board;

(2)  By any court or judicial or legislative office ofthe State; provided that if the attorney general is requested to providerepresentation to a court or judicial office by the chief justice or the chiefjustice's designee, or to a legislative office by the speaker of the house ofrepresentatives and the president of the senate jointly, and the attorneygeneral declines to provide such representation on the grounds of conflict ofinterest, the attorney general shall retain an attorney for the court,judicial, or legislative office, subject to approval by the court, judicial, orlegislative office;

(3)  By the legislative reference bureau;

(4)  By any compilation commission that may beconstituted from time to time;

(5)  By the real estate commission for any actioninvolving the real estate recovery fund;

(6)  By the contractors license board for any actioninvolving the contractors recovery fund;

(7)  By the trustees for any action involving thetravel agency recovery fund;

(8)  By the office of Hawaiian affairs;

(9)  By the department of commerce and consumeraffairs for the enforcement of violations of chapters 480 and 485A;

(10)  As grand jury counsel;

(11)  By the Hawaiian home lands trust individualclaims review panel;

(12)  By the Hawaii health systems corporation, or itsregional system boards, or any of their facilities;

(13)  By the auditor;

(14)  By the office of ombudsman;

(15)  By the insurance division;

(16)  By the University of Hawaii;

(17)  By the Kahoolawe island reserve commission;

(18)  By the division of consumer advocacy;

(19)  By the office of elections;

(20)  By the campaign spending commission;

(21)  By the Hawaii tourism authority, as provided insection 201B-2.5; or

(22)  By a department, in the event the attorneygeneral, for reasons deemed by the attorney general good and sufficient,declines to employ or retain an attorney for a department; provided that thegovernor thereupon waives the provision of this section.

(b)  For purposes of this section the term"department" includes any department, board, commission, agency,bureau, or officer of the State.

(c)  Every attorney employed by any departmenton a full-time basis, except an attorney employed by the public utilitiescommission, the labor and industrial relations appeals board, the Hawaii laborrelations board, the office of Hawaiian affairs, the Hawaii health systemscorporation or its regional system boards, the department of commerce andconsumer affairs in prosecution of consumer complaints, insurance division, thedivision of consumer advocacy, the University of Hawaii, the Hawaii tourismauthority as provided in section 201B-2.5, the Hawaiian home lands trustindividual claims review panel, or as grand jury counsel, shall be a deputyattorney general.

(d)  All attorneys retained by contract,whether by the attorney general or a department, shall be retained inaccordance with chapter 103D. [L 1995, c 178, §1; am L 1996, c 52, §1, c 262,§4, and c 270, §4; am L 1997, c 251, §3; am L 1998, c 115, §5; am L 2000, c105, §1 and c 272, §1; am L 2004, c 57, §5 and c 58, §§2, 14(2); am L 2005, c22, §50; am L 2006, c 306, §1; am L 2007, c 290, §5; am L 2008, c 16, §3 and c45, §1; am L Sp 2009, c 5, §12]

 

Case Notes

 

  Discussed:  87 H. 152, 952 P.2d 1215.