Attorney General; Duties

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.           
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            

                   A  BILL  FOR  AN  ACT



 1      SECTION 1.  The legislature finds that there is a need to
 2 clarify the law relating to the attorney general's representation
 3 of educational workers employed by the department of education.
 4      Under the current law, while the attorney general will
 5 represent educational workers who are accused of a civil offense
 6 relating to the performance of their official duties, the
 7 attorney general does not represent educational workers who are
 8 criminal defendants.  The latter must obtain their own private
 9 defense counsel.  However, in those cases in which the offense
10 involves both criminal and civil elements, or it has not yet been
11 determined whether the educational worker will be charged with
12 the commission of a crime for acts done in the course and
13 performance of the educational worker's duty, that worker may not
14 be entitled to legal representation by the State.  The worker may
15 also be forced to expend a significant amount of money on legal
16 representation until the attorney general determines whether the
17 attorney general can represent the worker.
18      The purpose of this Act is to require the attorney general
19 to represent educational workers in criminal and civil
20 proceedings for acts done in the performance of the educational

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                                     H.B. NO.           

 1 worker's duty, including representation until the attorney
 2 general makes an official determination that the attorney general
 3 cannot represent the worker because the worker's act, for which
 4 the worker is being prosecuted or sued, did not occur in the
 5 performance of the worker's duty. 
 6      SECTION 2.  Chapter 302A, Hawaii Revised Statutes, is
 7 amended by adding a new section to be appropriately designated
 8 and to read as follows:
 9      "302A-      Educational workers; legal representation.  (a)
10 Whenever an educational worker is prosecuted for a crime or sued
11 in a civil action for acts done in the performance of the
12 educational worker's duty, the educational worker shall be
13 represented or defended in the civil or criminal proceeding by
14 the attorney general, or the attorney general's deputy, special
15 deputy, or appointee.
16      (b)  The determination of whether the act, for which the
17 educational worker is being prosecuted or sued, was done in the
18 performance of the educational worker's duty shall be made by the
19 attorney general.  The attorney general, or the attorney
20 general's deputy, special deputy, or appointee shall also
21 represent the educational worker while this determination is
22 being made.

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                                     H.B. NO.           

 1      (c)  As used in this section, "educational worker" means any
 2 principal, vice principal, counselor, or teacher that is employed
 3 by the department of education."
 4      SECTION 3.  New statutory material is underscored.
 5      SECTION 4.  This Act shall take effect upon its approval.
 7                         INTRODUCED BY:___________________________