The attorney general of Hawaii (Hawaiian: Loio Kuhina) is the chief legal officer and chief law enforcement officer of Hawaii. In present-day statehood within the United States, the attorney general is appointed by the elected governor with the approval of the state senate and is responsible for a state department charged with advising the various other departments and agencies of state government. The attorney general is responsible for the prosecution of offenses under state law. The attorney general can only be removed by an act of the state senate. In rare occasions, the attorney general serves as acting governor in the absence of both the governor and lieutenant governor from the state for an extended period of time.
The office has existed in several forms throughout the history of the Hawaiian Islands. It was created by Kamehameha III and was part of the administration of each successive monarch of the Kingdom of Hawaii. The office was kept in the provisional government, after Liliuokalani and the monarchy was overthrown, and became a part of the succeeding administration of the Republic of Hawaii. A regular part of the American model of the executive branch of government, the office of attorney general was part of the Territory of Hawaii under Section 80 of the Hawaiian Organic Act and made an appointed office after statehood was achieved in 1959.
Though a non-partisan office, in territorial days the office of attorney general was traditionally appointed from the political party of the sitting president of the United States who appointed the territorial governor. Similarly in statehood, the office of attorney general has traditionally been appointed from the incumbent governor's political party, thus far Republican or Democratic.
The attorney general leads a department of 180 attorneys and 500 professional and support personnel. The department oversees various public services. These include administering the Hawaii Criminal Justice Data Center, running the Missing Child Center, Child Support Enforcement Agency, Hawaii Internet Crimes Against Children Task Force, Hawaii Internet and Technology Crimes Unit, Office of Child Support Hearings, Tobacco Enforcement Unit, among others.[2] In accordance with Chapter 846E of the Hawaii Revised Statutes, the Criminal Justice Data Center maintains a registry of sex offenders in the state.[3] Likewise, the agency provides other criminal history information through the statewide criminal history record information system and Automated Fingerprint Identification System.[4]
History
Origins
Paul Neumann, attorney general under Queen Liliuokalani, argued in Washington, D.C. against her overthrow, then defended her on treason-related charges, losing the case.William Owen Smith (third from left) was attorney general of the provisional government and succeeding Republic of Hawaii. From left to right: Interior Minister James A. King, President Sanford B. Dole, Smith, Finance Minister Peter Cushman Jones.Herbert Young Cho Choy served as a territorial attorney general. He was the first Korean American to be admitted to the bar and the first Asian American to serve as federal judge. During his tenure on the U.S. Court of Appeals, Ninth Circuit, there were no other Asians sitting on any federal bench.
John Ricord served as the first attorney general of Hawaii. He arrived in the Kingdom on February 27, 1844, on the Columbia. He was the first Western-trained lawyer in the islands.[5][6] The previous year a land dispute by Richard Charlton led to a British occupation known as the Paulet Affair. A related case of Ladd & Co. required lengthy arbitration. These cases would consume his entire time on the islands.[7] Within a few weeks he swore allegiance to Kamehameha III and on March 9, 1844, was appointed first attorney general. In July 1845 he joined the Privy Council.[8] On October 29, 1845, the executive branch of the government was formally organized through legislation he proposed. On May 17, 1847, he resigned all his offices, and on June 12 was released from his oath of allegiance, so he could resume his citizenship of the United States.[8] He left August 19, 1847.[9] The office of attorney general was suspended until the 1860s.[10] His work on organizing the courts was taken over by the second trained attorney to arrive in the islands, William Little Lee.
Revival
On August 26, 1862, Kamehameha IV revived the office and appointed Charles Coffin Harris as attorney general.[11] Having an attorney general proved useful on constitutional matters. Kamehameha V insisted on a new constitution that would restore some of the power to the monarchy that had been lost over time. Harris issued his legal opinion that the king had such a right and produced an early draft. A constitutional convention failed to reach agreement, so Harris got the cabinet to negotiate directly with Kamehameha V leading to the promulgation of the 1864 Constitution.[12]
Controversies
A more modern controversy happened with the failed 1998 confirmation by the state senate of popular sitting attorney general Margery Bronster, as political payback for her actions to reform the corrupt Kamehameha Schools/Bishop Estate whose trustees were friends of various powerful legislators, many Hawaiʻi residents called for the right to elect the attorney general. Several attempts failed to create the constitutional amendment.
↑ Frear, Walter F. (1894). "Evolution of the Hawaiian Judiciary". Papers of the Hawaiian Historical Society (7). Honolulu: Hawaiian Historical Society. hdl:10524/966.
↑ Phillip H. Harris (1993). "Charles Coffin Harris: An Uncommon Life in the Law". Hawaiian Journal of History. Hawaiian Historical Society. hdl:10524/224.
▌2 Unknown (2 territories) An asterisk (*) indicates that the officeholder is serving in an acting capacity. State abbreviations link to position articles.
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