HOUSE OF REPRESENTATIVES	H.C.R. NO.	207
TWENTY-EIGHTH LEGISLATURE, 2015
STATE OF HAWAII

HOUSE CONCURRENT

RESOLUTION

 

 

REQUESTING AN AUDIT OF ALL STATE DEPARTMENTS AND AGENCIES UTILIZING STATE FUNDS FOR OUTSIDE COUNSEL.

 

 

 

     WHEREAS, the mission of the Department of the Attorney General is to provide legal services to the State by offering advice and counsel to its client agencies; and

 

     WHEREAS, the Department of the Attorney General's responsibilities include:

 

(1)  Appearing for the State in civil and criminal cases when the State is a party;

 

(2)  Investigating violations of state laws, enforcing the laws, and prosecuting those who violate the law;

 

(3)  Preparing legal opinions for the Governor, Legislature, and the directors and heads of state departments;

 

(4)  Advising state officials on legal matters so that they can faithfully execute their duties and responsibilities; and

 

(5)  Defending and representing state officials and employees when they are sued for actions that have been taken in connection with their state positions; and

 

WHEREAS, private attorneys are occasionally retained when the litigation involves specialized areas of knowledge or practice or where a conflict in either ethics or rules of professional responsibility may exist; and

WHEREAS, all contracts of outside counsel utilizing state funds should be public record; and

 

WHEREAS, fiscal accountability and transparency require an accounting of the number of cases and total funds used for outside counsel by all state departments and agencies; now, therefore,

 

     BE IT RESOLVED by the House of Representatives of the Twenty-eighth Legislature of the State of Hawaii, Regular Session of 2015, the Senate concurring, that the Auditor is requested to conduct an audit of all state departments and agencies utilizing state funds for outside counsel; and

 

     BE IT FURTHER RESOLVED that the Auditor is requested to include, but is not limited to, the following information:

 

(1)  The number of cases utilizing outside counsel by a state department or agency each year for the past five years;

 

(2)  The total amount in legal fees and costs paid to outside counsel by each state department or agency utilizing outside counsel each year for the past five years;

 

(3)  The reasons the state department or agency retained outside counsel; and

 

(4)  The trend of the use of outside counsel by a state department or agency over the past five years; and

 

     BE IT FURTHER RESOLVED that the Auditor is requested to report its findings and recommendations to the Legislature no later than 20 days before the convening of the Regular Session of 2016; and
     BE IT FURTHER RESOLVED that certified copies of this Concurrent Resolution be transmitted to the Acting Auditor and the directors and heads of all state departments and agencies.

 

 

 

	OFFERED BY:	_____________________________

Report Title: 

State Departments and Agencies; Use of State Funds for Outside Counsel; Audit