HOUSE OF REPRESENTATIVES	H.B. NO.	787
TWENTY-SEVENTH LEGISLATURE, 2013
STATE OF HAWAII

A BILL FOR AN ACT

 

 

RELATING TO ATTORNEY'S FEES.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 

     SECTION 1.  The legislature finds that section 28-6, Hawaii Revised Statutes, has been improperly interpreted by some courts as a prohibition on an award of attorney's fees and litigation costs to the department of the attorney general.  The department of the attorney general should not be prohibited from being awarded attorney's fees and litigation costs when it prevails in a court action.  The purpose of this Act is to clarify that the law allows a court to award the department of the attorney general attorney's fees and litigation costs when it prevails in a court action.

     SECTION 2.  Section 28-6, Hawaii Revised Statutes, is amended to read as follows: 

     "§28-6  No fee; not to act as attorney.  The attorney general shall not personally receive any fee or reward from or in behalf of any person or prosecutor, for services rendered in any prosecution or business to which it shall be the attorney general's official duty to attend; nor be concerned as counsel or attorney for either party in any civil action depending upon the same state of facts.

     This section shall not be interpreted as a prohibition on an award of attorney's fees and litigation costs to the department of the attorney general when the State is the prevailing party in a court action, as authorized by statute, rule of court, agreement, stipulation, or precedent."

     SECTION 3.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect upon its approval.

 

INTRODUCED BY:	_____________________________
	BY REQUEST

 

 

Report Title:

Attorney's Fees

 

Description:

Clarify that section 28-6, Hawaii Revised Statutes, allows a court to award the Department of the Attorney General attorney's fees and litigation costs when it prevails in a lawsuit.

 

 

 

 

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