Office of the Attorney General (Hawaii)

Office of the Attorney General (Hawaii)
Name	Office of the Attorney General (Hawaii)
Native name	Ke Keʻena Loio Kuhina
Formation	1844
Jurisdiction	State of Hawaii
Headquarters	Honolulu, Oʻahu
Chief1 name	Anne Lopez
Chief1 position	Attorney General of Hawaii
Website	(state of Hawaii)

Office of the Attorney General (Hawaii)

The Office of the Attorney General (Hawaii) is the chief legal office for the State of Hawaii, providing legal representation, statutory advice, and law enforcement oversight. Established under the Kingdom of Hawaii and continued through the Provisional Government of Hawaii, the Republic of Hawaii, the Territory of Hawaii, and statehood, the office interacts with the Hawaii State Legislature, the Hawaii Supreme Court, and federal entities such as the United States Department of Justice. The Attorney General advises the Governor of Hawaii, state agencies, and county officials, and participates in litigation involving the State of Hawaii before the United States Supreme Court and federal circuit courts.

History

The office traces origins to the Kingdom of Hawaii where legal institutions were influenced by figures like King Kamehameha III, Chief Justice William Little Lee, and Attorney General John Ricord. During the Provisional Government of Hawaii and the Republic of Hawaii, personalities such as Sanford B. Dole and Lorrin A. Thurston intersected with the office amid the overthrow of the Hawaiian Kingdom and the 1898 annexation by the United States. In Territorial Hawaii, the office worked alongside governors including Lawrence M. Judd and territorial officials during the administration of President Barack Obama’s predecessors in federal law. Following Hawaii statehood in 1959, Attorneys General navigated relationships with the Hawaii State Legislature, the Hawaii State Senate, and the Hawaii State House of Representatives while litigating before the United States Court of Appeals for the Ninth Circuit and the United States District Court for the District of Hawaii. The office’s history intersects with Native Hawaiian organizations, ʻAha Hui, the Office of Hawaiian Affairs, the Hawaiian Homes Commission, and landmark matters concerning the Apology Resolution and the Hawaiian sovereignty movement.

Organization and Divisions

The Office comprises divisions modeled to manage civil, criminal, and administrative work and includes sections that correspond to the Hawaii State Department of Health, the Hawaii Department of Education, the Hawaii Department of Transportation, and the Hawaii Department of Land and Natural Resources. Divisions coordinate with the Hawaii State Ethics Commission, the Hawaii Criminal Justice Data Center, the Hawaii Paroling Authority, and prosecutors at county offices in Honolulu County, Maui County, Hawaiʻi County, and Kauaʻi County. Specialized units handle consumer protection, environmental enforcement related to the Hawaii Department of Agriculture and the Hawaii Department of Business, Economic Development and Tourism, and regulatory matters involving the Hawaii Public Utilities Commission and the Hawaii Housing Finance and Development Corporation. Administrative branches manage human resources in consultation with the Hawaii Employer-Union Health Benefits Trust Fund, budget interactions with the Hawaii Department of Budget and Finance, and information technology systems aligned with the Hawaii Broadband Initiative. The office liaises with federal agencies such as the Federal Bureau of Investigation, the Environmental Protection Agency, the Securities and Exchange Commission, and the Department of Homeland Security when state and federal jurisdictions overlap.

Powers and Responsibilities

The Attorney General enforces Hawaii statutes, defends state statutes before the Hawaii Supreme Court and the United States Supreme Court, and issues formal opinions to state officers including the Governor, the Lieutenant Governor, and members of the Hawaii State Senate and the Hawaii State House of Representatives. Responsibilities include consumer protection actions akin to those pursued by the Federal Trade Commission, civil rights enforcement that may interact with the United States Department of Justice Civil Rights Division, and coordination with the National Association of Attorneys General. The office prosecutes certain offenses in coordination with county prosecutors such as the Honolulu County Prosecuting Attorney, provides counsel in land use disputes involving the Hawaii Land Use Commission and county planning commissions, and enforces environmental statutes in coordination with the National Oceanic and Atmospheric Administration and the United States Fish and Wildlife Service. The Attorney General oversees public records and transparency obligations under Hawaii’s public records regime and represents the state in labor disputes involving unions like the Hawaii Government Employees Association and the International Longshore and Warehouse Union.

Notable Attorneys General

Notable Attorneys General have included historical figures who interacted with leaders like King Kamehameha IV, Queen Liliʻuokalani, and territorial governors. During the 20th century, prominent Attorneys General worked alongside governors such as John A. Burns and George Ariyoshi and engaged with judicial figures from the Hawaii Supreme Court. Contemporary Attorneys General have engaged with national counterparts including the Attorneys General of California, New York, Texas, Florida, and Massachusetts through multistate coalitions. Attorneys General have negotiated settlements with corporations including major pharmaceutical companies, health systems like the Queen’s Health Systems, and insurers regulated by the Hawaii Insurance Division. Several Attorneys General later served in other public roles paralleling careers of officials from states like Alaska, Illinois, and Pennsylvania.

Significant Cases and Legal Actions

The office has litigated matters before the Hawaii Supreme Court and the United States Supreme Court, participated in multistate litigation concerning pharmaceutical pricing, tobacco settlements reminiscent of the Master Settlement Agreement, and consumer fraud actions similar to cases brought by the New York Attorney General and the California Attorney General. It has defended state statutes in cases involving environmental protection tied to the Clean Water Act and Endangered Species Act, worked on Native Hawaiian land claims paralleling United States v. Washington-style resource disputes, and pursued antitrust and Medicaid fraud actions comparable to national enforcement by the Department of Justice and the Federal Trade Commission. The office has joined multistate efforts such as challenges to federal regulations brought in the Ninth Circuit and coordinated with state attorneys general from Oregon, Washington, and Nevada on regional litigation.

Budget and Staffing

The Office’s budget is appropriated through the Hawaii Department of Budget and Finance and is subject to review by the Hawaii State Legislature’s committees including the House Finance Committee and the Senate Ways and Means Committee. Staffing includes attorneys licensed by the Hawaii State Bar Association, administrative personnel, investigators who may coordinate with the Honolulu Police Department and county police departments, and support staff engaged with the Hawaii State Archives and the Hawaii State Ethics Commission. Funding supports litigation expenses, intergovernmental grants that mirror federal pass-throughs from agencies like the Department of Justice and the Department of Health and Human Services, and participation in national professional organizations such as the American Bar Association and the National Association of Attorneys General.

Category:State law enforcement agencies of Hawaii Category:Government of Hawaii