Bill > SB336

This bill establishes guidelines for defending professionally licensed or certified state employees in civil actions, clarifying the circumstances under which the Attorney General must provide legal representation. Specifically, the State is required to defend employees when their actions were within the scope of their employment and were not grossly negligent or wanton, provided the employee fully cooperates with the defense. The bill allows employees to hire their own attorneys at their own expense and creates a structured process for the Attorney General to handle situations where they may decline to provide representation. If the Attorney General decides not to defend an employee, they must work to transfer representation to the employee's chosen counsel. In cases where an amicable transfer cannot be achieved, the Attorney General must file a confidential motion to withdraw as counsel, with a mandatory court hearing to review the decision. The bill also includes provisions to protect the privacy of the withdrawal proceedings by limiting who can be present during related hearings and ensuring that all motion-related documents are treated as confidential. The legislation aims to balance protecting state employees' rights with maintaining appropriate standards of professional conduct, and will take effect on July 1, 2025.

Budget and Finance, Justice, Labor and Employment

https://www.capitol.hawaii.gov/session/measure_indiv.aspx?billtype=SB&billnumber=336&year=2025