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

(b)  The attorney general may appoint and, bycontract, retain the services of special deputies to perform such duties andexercise such powers as the attorney general may specify in their severalappointments.  The special deputies shall serve at the pleasure of the attorneygeneral.  At the option of the attorney general, special deputies may becompensated on a fixed-price basis, an hourly rate basis, with or without afixed cap, or, if a special deputy has been appointed to represent the State inan action by the State pursuant to section 661-10, through a contingent feearrangement to be specified in the contract and payable out of all sums thespecial deputy recovers for the State by judgment, order, or settlement. [L1866, 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 ch1985; 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.