THE SENATE

S.B. NO.

1010

TWENTY-SEVENTH LEGISLATURE, 2013

S.D. 1

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO LEGAL SERVICES.

 

 

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

 


SECTION 1. Section 28-10, Hawaii Revised Statutes, is amended to read as follows:

"28-10 Prohibition on private practice of law by the attorney general, first deputy, and other deputies. (a) The attorney general, the attorney general's first deputy, and other deputies shall devote their entire time and attention to the duties of their respective offices. They shall not engage in the private practice of law, [nor] or accept any fees or emoluments other than their official salaries for any legal services[.]; except that, a deputy, other than the attorney general's first deputy, may provide pro bono legal services in the sole discretion of the attorney general; provided that the pro bono activities do not create an actual or perceived conflict of interest under section 84-14; provided further that the activities are conducted in a manner that does not indicate or represent that the deputy is acting on behalf of the department or in the deputy's official capacity. In exercising the discretion to allow a deputy to provide pro bono legal services, the attorney general may consider, among other things, whether the pro bono representation may:

(1) Create the appearance of a conflict of interest within the department of the attorney general;

(2) Cast the department of the attorney general in a poor light;

(3) Create undue burdens within the department of the attorney general; or

(4) Otherwise interfere with or impede the mission of the department of the attorney general.

Pro bono legal services provided by a deputy shall not be construed to create any client relationship, duty, or legal obligation between the recipient of the pro bono legal services and the department of the attorney general. Pro bono legal services provided by a deputy shall not be construed to disqualify, preclude, prevent, impair, or restrict in any manner, either directly or indirectly, the department of the attorney general from providing legal services or from fulfilling its duties as described in section 26-7, chapter 28, or as otherwise provided or mandated by law or practice.

(b) Any deputy attorney general who in good faith provides pro bono legal services pursuant to this section shall not be liable for any civil damages resulting from the deputy's acts or omissions. In no event shall the State be liable for any civil damages that may result from the deputy's provision of pro bono services.

(c) The provision of pro bono legal services by deputy attorneys general pursuant to this section is declared to be for the public purpose and may be appropriately supported with the resources of the department of the attorney general, as determined by the attorney general; provided that the types of pro bono legal services that may be provided pursuant to this section shall be the same as the types of legal services and activities described under rule 6.1 of the Hawaii rules of professional conduct.

(d) This section shall not apply to any special deputy employed on a part-time basis for a limited period."

SECTION 2. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 3. This Act shall take effect on July 1, 2050.

 


 


 

Report Title:

Legal Services; Pro Bono; Attorney General

 

Description:

Permits a deputy attorney general, except for the attorney general's first deputy, to provide pro bono legal service if, in the determination of the attorney general, the pro bono legal service does not conflict with the duties of the deputy's office. Effective 07/01/50. (SD1)

 

 

 

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