09 Dec 2021 - Is the language of §662-15(4) Exceptions to State Tort Liability Act clear enough to secure intent of the law?
19 Dec 2021 - We need better laws to make sure the STATE of HAWAII follows the law.
21 Jan 2022 - We Need an Audit of the Department of the Attorney General
I'm an average citizen, like most of you. I've no political power. My financial power is average, mostly just fending for myself and family. I live in a society where sometimes bad things happen. The average Zo thinks zir government will provide some protection or at least a fair way to achieve redress of valid grievances. Such is not so in the State of Hawaii. Here, "The State" is all-powerful and corrupt, or perhaps just misguided and inept. "The State" is the largest employer in the State. It's the only state in the nation where every single public school teacher, principal, teacher's aid, custodian, etc., is an employee of one behemoth school district -- The State of Hawaii Department of Education, and one school board of nine people, the State of Hawaii Board of Education, makes all the policy decisions for all public schools. There are pros and cons to this model.
This is one of the cons, and it goes beyond the DOE. This problem extends to ALL state employees and affects the lives of citizens who cross zeir paths. It's my contention that lots of State employees must be breaking the law all the time because I alone have had more than one experience of being victimized by a state employee committing an illegal offense, and I know others, too, but justice is not forthcoming. Here's the rub: It seems that the perpetrators of these civil offenses get free legal representation from the State of Hawaii Department of the Attorney General no matter what they do on the job.
In essence, State employees illegally victimize me, one of my friends, or one of your friends. When we seek justice, we get no free attorney, and adding insult to injury, as taxpayers WE have to pay for the perp's legal counsel!
That's so unfair and supposed to be against the law. This rush to defend state employees in civil torts that are supposed to be Exceptions to the State Tort Liability law is NOT protecting the interests of the people of Hawaii. HRS §662-15(4) lists specific offenses that are exceptions to the State Tort Liability Act which governs how AGs proceed when someone is suing a a state employee or a department of the State when zey are acting within the scope of zeir employment. It seems clear from this statute that taxpayers, through the Attorneys General, are not supposed to be footing the legal bills when individual employees are sued for illegal acts like assault, battery, false imprisonment, libel, slander, deceit...even if zey did this while on the job. Such acts are not within any state employee's scope of employment. But, the AGs are defending these perps, and we're paying for it big time in more ways than one!
Why do Hawaii's AGs defend State employees no matter what they do while on the job, even if it's clearly against the law whereas other states with a more mature system do not defend individuals who commit reckless or wanton acts while on the job? That's the question no one in power in Hawaii will answer.
Hawaii, this must change, and it's up to you to care about it!
The letters posted on this webpage to Hawaii legislators chronical in detail my current journey of discovery about our legal system. I'm researching how other states' Attorneys General and laws handle this issue. I'm going to research Hawaii legal precedents. I asked the AG for case numbers in which the State Department of the AG has represented individual employees in civil torts for any of the offenses listed in HRS §662-15(4). They claim to not keep such records. That's why I asked the legislature to call for an audit.
If there is anyone out there willing to help with research, please contact me.
Also, I've started collecting other stories about dissatisfaction with the Hawaii Judiciary and Department of the Attorney General. They're posted here: Other Stories. My recent Small Claims Court Case drama is posted here: Small Claims 2021. If you know of stories along this vein, please let me know. I encourage you to learn about this issue and write to our legislators, too, so I'm not the only voice for change. If you write to your legislators, please send me a copy. Mahalo.
Together we can change the status quo. My email: MsVOtt@gmail.com
Consider taking a few moments and writing to the Senate Judiciary Committee. Nothing changes unless the will of the people is heard.
repnakashima@Capitol.hawaii.gov, repmatayoshi@Capitol.hawaii.gov, repichiyama@Capitol.hawaii.gov, repdkobayashi@Capitol.hawaii.gov, replopresti@Capitol.hawaii.gov, replowen@Capitol.hawaii.gov, repmckelvey@Capitol.hawaii.gov, repnakamura@Capitol.hawaii.gov, reptakumi@Capitol.hawaii.gov, reptodd@Capitol.hawaii.gov, reptokioka@Capitol.hawaii.gov, repward@Capitol.hawaii.gov
Consider taking a few moments and writing to the House Committee on Judiciary and Hawaiian Affairs. Nothing changes unless the will of the people is heard.
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