Bill > HB166

This bill establishes a comprehensive framework for defending professionally licensed or certified state employees in civil actions, providing that the State (through the Attorney General) is obligated to defend employees in lawsuits arising from actions within their job scope, as long as the employee was not grossly negligent or acting wantonly and is cooperating fully with the defense. The bill allows employees to hire their own attorney at their own expense and creates a detailed process for situations where the Attorney General might decline to provide representation, requiring the Attorney General to work collaboratively with the employee to transfer representation to alternative counsel. If an amicable transfer cannot be achieved, the bill mandates that the Attorney General file a confidential motion to withdraw, with special procedural protections to minimize potential professional damage to the employee. The motion and related documents must be kept confidential, and any hearing on the matter will be limited to key participants to protect the employee's professional reputation. Importantly, the bill ensures that the employee has at least thirty days to respond to the withdrawal motion and that a court hearing will be conducted to determine the Attorney General's defense obligations, with strict limitations on who may be present during these proceedings.

Budget and Finance, Justice

https://www.capitol.hawaii.gov/session/measure_indiv.aspx?billtype=HB&billnumber=166&year=2026