Report Title:

Governmental Retention of Attorneys; Attorney General Conflict of Interest

Description:

Allows a department to retain an attorney if the attorney general declares a conflict of interest.  (SD1)

THE SENATE	S.B. NO.	3200
TWENTY-FOURTH LEGISLATURE, 2008		S.D. 1
STATE OF HAWAII

A BILL FOR AN ACT

RELATING TO GOVERNMENTAL RETENTION OF ATTORNEYS.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

     SECTION 1.  Section 28-8.3, Hawaii Revised Statutes, is amended by amending subsections (a) and (b) to read as follows:

     "(a)  No department of the State other than the attorney general may employ or retain any attorney, by contract or otherwise, for the purpose of representing the State or the department in any litigation, rendering legal counsel to the department, or drafting legal documents for the department; provided that the foregoing provision shall not apply to the employment or retention of attorneys:

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

     (2)  By any court or judicial or legislative office of the State;

     (3)  By the legislative reference bureau;

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

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

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

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

     (8)  By the office of Hawaiian affairs;

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

    (10)  As grand jury counsel;

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

    (12)  By the Hawaii health systems corporation, or its regional 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 in section 201B-2.5; or

    (22)  By a department, [in the event] if the attorney general[, for reasons deemed by the attorney general good and sufficient, declines, to] determines and discloses a conflict that requires the attorney general to decline representation.  The department may waive the conflict and require the attorney general to represent the department.  If the attorney general declines representation and the department does not waive the conflict, the attorney general shall employ or retain an attorney for [a] the department[; provided that the governor thereupon waives the provision of this section.], subject to the department's approval.

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

     SECTION 2.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 3.  This Act shall take effect upon its approval.