§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.
Structure Hawaii Revised Statutes
Title 4. State Organization and Administration, Generally
28-2 Prosecutes offenders, enforces bonds.
28-5.2 Protection of charitable assets; attorney general's authority.
28-6 No fee; not to act as attorney.
28-7.5 Administrative services manager; appointment and duties.
28-8 First deputy attorney general; other deputies.
28-8.3 Employment of attorneys.
28-8.5 Special assistant to the attorney general; appointment and duties; secretary.
28-9 Additional deputies for acquisition of rights-of-way.
28-10.5 Criminal and juvenile justice resource coordination; administrator and staff.
28-10.6 Crime research, prevention, and education; administrator and staff.
28-11 Investigators; appointment and powers.
28-15 Tobacco enforcement special fund.
28-16 Litigation deposits trust account.
28-17 Criminal history record checks.
28-94 Dependent elder abuse; suits by the State; civil penalties.
28-101 Witness security and protection.
28-111 Victim-witness assistance program.
28-121 Missing child center-Hawaii; programs.
28-131 Drug nuisance abatement unit.
28-141 Surveillance review unit.
28-152 Law enforcement officer independent review board; established.
28-153 Review of incidents of officer-involved death.
28-163 Electronic smoking device retailer registration unit.