§28-8  First deputy attorney general; other
deputies.  (a)  The attorney general shall appoint, and at the attorney
general's pleasure remove, a first deputy attorney general and other deputies
and law clerks as the exigencies of the public service may require, and shall
be responsible for all of the acts of the first deputy attorney general, other
deputies, and law clerks.  They shall act under the direction of the attorney
general and shall perform duties as the attorney general may require regardless
of the source of funding for their compensation and notwithstanding any law to
the contrary, except that the attorney general shall not require the
performance of duties that would violate the terms of an applicable funding
source or that would be in contravention of a federal requirement, restriction,
or condition.  The first deputy attorney general and other deputies, subject to
the attorney general's directions, may perform or exercise any and all duties
or powers by law required of or conferred upon the attorney general.



(b)  The attorney general may appoint and, by
contract, retain the services of special deputies to perform such duties and
exercise such powers as the attorney general may specify in their several
appointments.  The special deputies shall serve at the pleasure of the attorney
general.  At the option of the attorney general, special deputies may be
compensated on a fixed-price basis, an hourly rate basis, with or without a
fixed cap, or, if a special deputy has been appointed to represent the State in
an action by the State pursuant to section 661-10, through a contingent fee
arrangement to be specified in the contract and payable out of all sums the
special deputy recovers for the State by judgment, order, or settlement. [L
1866, p 18; RL 1925, §1494; RL 1935, §508; am L 1937, c 52, §1; RL 1945, §1509;
RL 1955, §30-9; am L 1963, c 54, §1; HRS §28-8; am L 1982, c 68, §1; gen ch
1985; am L 1995, c 73, §1; am L 2001, c 46, §1; am L 2006, c 48, §2]



 



Case Notes



 



  Authority of deputy attorney general, early cases.  15 H.
139, 145; 15 H. 612.