Report Title:

Attorney General; Representation of Educational Workers

Description:

Requires the attorney general's office to represent an educational worker in any action brought against that educational worker for acts done in the performance of the educational worker's duty.

HOUSE OF REPRESENTATIVES

H.B. NO.

983

TWENTY-SECOND LEGISLATURE, 2003

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

RELATING TO THE ATTORNEY GENERAL.

 

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

SECTION 1. The legislature finds that there is a need to clarify the law relating to the attorney general's representation of educational workers employed by the department of education.

Under the current law, while the attorney general will represent educational workers who are accused of a civil offense relating to the performance of their official duties, the attorney general does not represent educational workers who are criminal defendants. The latter must obtain their own private defense counsel. However, in those cases in which the offense involves both criminal and civil elements, or it has not yet been determined whether the educational worker will be charged with the commission of a crime for acts done in the course and performance of the educational worker's duty, that worker may not be entitled to legal representation by the State. The worker may also be forced to expend a significant amount of money on legal representation until the attorney general determines whether the attorney general can represent the worker.

The purpose of this Act is to require the attorney general to represent educational workers in criminal and civil proceedings for acts done in the performance of the educational worker's duty, including representation until the attorney general makes an official determination that the attorney general cannot represent the worker because the worker's act, for which the worker is being prosecuted or sued, did not occur in the performance of the worker's duty.

SECTION 2. Chapter 302A, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§302A- Educational workers; legal representation. (a) Whenever an educational worker is prosecuted for a crime or sued in a civil action for acts done in the performance of the educational worker's duty, the educational worker shall be represented or defended in the civil or criminal proceeding by the attorney general or the attorney general's deputy, special deputy, or appointee.

(b) The determination of whether the act, for which the educational worker is being prosecuted or sued, was done in the performance of the educational worker's duty shall be made by the attorney general. The attorney general or the attorney general's deputy, special deputy, or appointee shall also represent the educational worker while this determination is being made.

(c) As used in this section, "educational worker" means any principal, vice principal, counselor, or teacher that is employed by the department of education."

SECTION 3. New statutory material is underscored.

SECTION 4. This Act shall take effect upon its approval.

INTRODUCED BY:

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