STAND. COM. REP. NO. 2618

Honolulu, Hawaii

RE:    S.B. No. 3200

       S.D. 1

Honorable Colleen Hanabusa

President of the Senate

Twenty-Fourth State Legislature

Regular Session of 2008

State of Hawaii

Madam:

     Your Committee on Judiciary and Labor, to which was referred S.B. No. 3200, S.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO GOVERNMENTAL RETENTION OF ATTORNEYS,"

begs leave to report as follows:

     The purpose of this measure is to address the retention of an outside attorney for a department if the State Attorney General declares a conflict of interest.

     Specifically, this measure provides that if the State Attorney General discloses a conflict of interest that requires the State Attorney General to decline representation, a department may waive the conflict and require the State Attorney General to represent the department.  However, if the State Attorney General still declines the representation, then the State Attorney General is required to employ or retain and employ an outside attorney whose selection is subject to the department's approval.

     The measure also expands the definition of "department" to include the Legislature and the Judiciary.

     Your Committee received testimony in support of this measure from the Judiciary.  Testimony in opposition was received from the State Attorney General.

     Your Committee finds that this measure would ensure that when the Legislature or the Judiciary seeks legal counsel from the Attorney General, the Attorney General must provide such legal counsel.  However, if there is a legitimate conflict that calls into question whether the Attorney General can provide legal representation, the Attorney General can either endeavor to establish adequate ethical screens within the Department of the Attorney General, or if that is not viable, ensure that private counsel is retained by assisting with the procurement process and financing the procured legal representation.

     As affirmed by the record of votes of the members of your Committee on Judiciary and Labor that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 3200, S.D. 1, and recommends that it pass Third Reading.

Respectfully submitted on behalf of the members of the Committee on Judiciary and Labor,

____________________________

BRIAN T. TANIGUCHI, Chair