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Vanessa Ott

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Hawaii D.AG* Watch

*Dept. of the Attorney General

Hawaii D.AG Doesn't Keep Records of Whom It Defends?

 It's the third decade of the 21st Century, and the State of Hawaii Department of the Attorney General hasn't figured out how to track the lawsuits they're involved in?   Can you say, "Database"? 

Above is the response I received from the D.AG in response to the two requests for information I made in January.  (See below.)

Ott's Requests for Government Records from D.AG

06 Jan 2022

06 Jan 2022

06 Jan 2022

I request a list of the case numbers with Plaintiff and Defendant names for all complaints filed in the State of Hawai‘i courts for the years 2017 through 2021 in which the Department of the Attorney General represented a State of Hawai‘i Employee in matters of assault, battery, false imprisonment, false arrest, malicious prosecution, abuse of process, libel, slander, misrepresentation, deceit, or interference with contract rights regardless of disposition.  “Regardless of disposition” means all cases in which Attorneys General spent time working on a case whether it was settled out of court, dismissed with or without prejudice, settled in court, withdrawn, etc.

______________________

D.AG Response on 21 Jan 2022:  Agency does not maintain the record. See picture above.

28 Jan 2022

06 Jan 2022

06 Jan 2022

I request a list of the court case numbers for all complaints filed in the State of Hawai‘i courts for the years 2017 through 2021 in which the Department of the Attorney General represented one or more State of Hawai‘i Employee(s).

______________________

D.AG Response on 28 Jan 2022:  Agency does not maintain the record. See picture above.

03 Feb 2022

06 Jan 2022

03 Feb 2022

HRS §662-16(a) states, “(a) The attorney general may defend any civil action or proceeding brought in any court against any employee of the State for damage to property or for personal injury, including death, resulting from the act or omission of any state employee while acting within the scope of the employee's employment.” HRS §662-15(4) states, “This chapter shall not apply to: (4) Any claim arising out of assault, battery, false imprisonment, false arrest, malicious prosecution, abuse of process, libel, slander, misrepresentation, deceit, or interference with contract rights.” 


I request copies of all policies, procedures, rules, guidelines, or whatever they may be called, that the Department of the Attorney General uses to determine whether or not an employee was acting within the scope of his/her employment, and how the Dept. of the AG determines whether or not to represent employees is actions arising any of the offenses listed in HRS §662-15(4). 

______________________

See D.AG response 10 Feb 2022 in E&CC Representation Recommendation Memo Drafting Guidelines below.

Process Authorizing Dept. of Attorney General Representation

Ethics & Conflicts Committee Representation Guidelines

Pages 6-14 of the PDF file below contain the Ethics & Conflicts Committee  Representation Recommendation Memo Drafting Guidelines.


Rec'd:  10 Feb 2022



Download PDF

12 Apr 2022 

Request to Access a Government Record. 

See p. 3 of the  PDF file below for the full text of this request:


"I request the documentation that details the scope and course of employment for all State of Hawai‘i Department of Education Teachers that the EE&C uses when making recommendations concerning requests for Attorney General representation from State of Hawai‘i Department of Education Teachers."

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