§78-10  Procedure upon default.  If any
person subject to sections 78-8 to 78-11 refuses to appear or refuses to
testify under any of the circumstances contemplated in section 78-9, the
presiding judge or officer of the court or body before which the default or
refusal occurs shall certify the fact thereof to the appointing or employing
authority having cognizance of the person as a public officer or public
employee and to the comptroller or other disbursing officer who issues warrants
or checks to pay the person for the person's services as a public officer or
public employee.  If the default or refusal occurs before any court or body
whose presiding judge or officer may not be required by the legislature to make
and file such a certificate, then (1) the presiding judge or officer may make
and file the certificate, and (2) the attorney general of the State, upon
learning of the default or refusal, shall make and file the certificate if the
presiding judge or officer of the court or body has not filed the same.  Upon
receiving a certificate, (A) the appointing or employing authority shall remove
or discharge the person from office or employment, and (B) the comptroller or
other disbursing officer shall make no further payments of public funds to the
person, except to pay the person the salary, wages, bonus, or other
compensation to which the person otherwise would be entitled if the person were
voluntarily terminating the person's office or employment on the day the order
is served on the comptroller or other disbursing officer. [L 1951, c 177, pt of
§3; RL 1955, §5-5; am L 1957, c 152, §1; HRS §78-10; gen ch 1985]