PART I. DEPARTMENT, GENERALLY

 

28-1 Appears for State. The attorney general shall appear for the State personally or by deputy, in all the courts of record, in all cases criminal or civil in which the State may be a party, or be interested, and may in like manner appear in the district courts in such cases. [L 1866, p 16; RL 1925, 1486; RL 1935, 500; RL 1945, 1501; RL 1955, 30-1; HRS 28-1; am L 1969, c 175, 13; am L 1989, c 230, 1]

 

Cross References

 

District courts as courts of record, see 604-17.

Functions generally, see 26-7.

 

Attorney General Opinions

 

Authority to bring action against public officers, in the public interest. Att. Gen. Op. 68‑26.

 

Case Notes

 

Office of attorney general first constituted in 1846, history of the office under the Kingdom. 6 H. 718, 728 (single justice); 8 H. 572. Performance of functions by another temporarily. Early cases: See 8 H. 521, compare 3 H. 669, 5 H. 59.

Accountability for acts: 6 H. 718 (will not be held in contempt for refusing to prosecute, decision of single justice); 12 H. 124, 128-30; 26 H. 570 (liability to disbarment or suspension of government attorney for misconduct in administration of office); 21 H. 539, 549 (liability to damages); 23 H. 362 (liability to damages).

Criminal cases, prosecution by county prosecuting officers under authority of attorney general. 16 H. 769, 779‑80; 19 H. 162; 26 H. 570.

Charitable trusts, functions in connection with. 33 H. 647; 36 H. 250; 36 H. 334; 37 H. 111, 116.

Scope of functions as parens patriae of charitable trusts. 54 H. 299, 507 P.2d 724.

Section is irrelevant and attorney general is without standing as party to rate proceeding before PUC. 54 H. 663, 513 P.2d 1376.

Attorney general may represent a state employee in a civil action while prosecuting the same employee in a criminal matter. 71 H. 598, 801 P.2d 548.

Cited: 18 H. 76.

 

 

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