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

(b) The attorney general may appoint and, by contract, retain the services of special deputies to perform such duties and exercise such powers as the attorney general may specify in their several appointments. The special deputies shall serve at the pleasure of the attorney general. At the option of the attorney general, special deputies may be compensated on a fixed-price basis, an hourly rate basis, with or without a fixed cap, or, if a special deputy has been appointed to represent the State in an action by the State pursuant to section 661-10, through a contingent fee arrangement to be specified in the contract and payable out of all sums the special deputy recovers for the State by judgment, order, or settlement. [L 1866, 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 ch 1985; 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.

 

 

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