Hawaii Revised Statutes

Haw. Rev. Stat. § 26-7 (2026)

Department of the attorney general

✓ current as of July 2026

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§26-7 Department of the attorney general. The department of the attorney general shall be headed by a single executive to be known as the attorney general.

The department shall administer and render state legal services, including furnishing of written legal opinions to the governor, legislature, and such state departments and officers as the governor may direct; represent the State in all civil actions in which the State is a party; approve as to legality and form all documents relating to the acquisition of any land or interest in lands by the State; and, unless otherwise provided by law, prosecute cases involving violations of state laws and cases involving agreements, uniform laws, or other matters which are enforceable in the courts of the State. The attorney general shall be charged with such other duties and have such authority as heretofore provided by common law or statute.

There shall be within the department of the attorney general a commission to be known as the commission to promote uniform legislation which shall sit in an advisory capacity to the attorney general and to the legislature on matters relating to the promotion of uniform legislation. The composition of the commission shall be as heretofore provided for the commission to promote uniform legislation existing immediately prior to November 25, 1959. The members of the commission shall be nominated, and by and with the advice and consent of the senate, appointed by the governor for terms of four years each, provided that each member shall hold office until the member's successor is appointed and qualified; and provided also that the provisions of section 26-34, limiting the appointment of members of boards and commissions to two terms and the duration of membership to not more than eight consecutive years shall not be applicable.

The functions and authority heretofore exercised by the attorney general, high sheriff, and the commission to promote uniform legislation as heretofore constituted are transferred to the department of the attorney general established by this chapter. [L Sp 1959 2d, c 1, §13; am L 1965, c 127, §1; Supp, §14A-12; HRS §26-7; am L 1969, c 123, §1 and c 175, §12; am L 1975, c 20, §1; gen ch 1985; am L 1989, c 211, §10; am L 1990, c 281, §11]

Attorney General Opinions

This statute is constitutional, with regard to the use of the phrase "appointed and qualified" [pertaining to the commission to promote uniform legislation] to describe when a successor's appointment terminates a holdover member's position. Att. Gen. Op. 16-3.

The State already holds an inchoate right to land that may pass to it by erosion or sea level rise. Ripening of that inchoate right is not "acquiring" or "acquisition" of real property under this section, §107-10, or §171-30. Accordingly, the attorney general does not have to review the ownership change and does not have to review or approve "documents relating to" the ownership. Att. Gen. Op. 17-1.

Case Notes

Compromise agreement resolving legal claim against board of land and natural resources was not binding on State without attorney general's approval. 57 H. 259, 554 P.2d 761.

Attorney general may represent a state employee in a civil action while prosecuting the same employee in a criminal matter. 71 H. 598, 801 P.2d 548.

Without express authorization of employees' retirement system board, attorney general lacked power to file appeal on board's behalf from circuit court's final order; where attorney general perceived conflict of interest with board, attorney general was ethically obligated to recommend retention of other counsel to represent board and take other appropriate action. 87 H. 152, 952 P.2d 1215.

Hawaii county ordinance that established cannabis offenses as the lowest law enforcement priority in the county conflicted with, and was therefore preempted by, this section and other state laws requiring the state attorney general and county prosecuting attorney to investigate and prosecute violations of the statewide Penal Code. 135 H. 411, 353 P.3d 953 (2015).

Given that the common law broadly interprets the attorney general's powers of representation set forth in this section, and there is no statute or common law rule that expressly restricts the attorney general to representing the legislature as a whole, the attorney general is not disqualified from representing the house of representatives. 139 H. 181, 384 P.3d 1282 (2016).

Circuit court correctly determined that the State obtained an easement over and across seawall pursuant to the common law doctrine of implied dedication because this section and §§107-10, 171-30, 264-1(c)(1), and 520-7 do not "imperatively require" abrogation of common law implied dedication, nor do they evince an express legislative intent to do so. 140 H. 437, 403 P.3d 214 (2017).

Notes of Decisions

Cited in 18 cases (1 in the last 5 years), 1976–2025 · leading case: Gold Coast Neighborhood Ass'n v. State., 403 P.3d 214 (Haw. 2017).

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Gold Coast Neighborhood Ass'n v. State., 403 P.3d 214 (Haw. 2017). · cites it 30× “approve as to legality and form all documents relating to the acquisition of any land or interest in lands by the State.”

Hussey v. Say., 384 P.3d 1282 (Haw. 2016). · cites it 8× “” Additionally, per HRS § 26-7 (2009), the Attorney General has the responsibility to “administer and render state legal services, including furnishing of written legal opinions to the governor, legislature, and such state departments and officers as the governor may direct[.”

Ching v. Case, 449 P.3d 1146 (Haw. 2019). · cites it 8× “This court held that under the general grant of authority contained in HRS § 26-7 (Supp. 1975),33 the AG “has exclusive authority to control and manage for the State all phases of civil litigation in which the State has an interest, unless authority to do so in specific matters…”

In Re Water Use Permit Applications, 9 P.3d 409 (Haw. 2000). · cites it 4× “See HRS § 26-7 (1993) (attorney general “shall administer and render state legal services”); HRS § 28-4 (1993) (attorney general “shall give advice and counsel”).”

Chun v. Bd. of Trs., 952 P.2d 1215 (Haw. 1998). · cites it 10× “The broad parameters of the functions and powers of the department of the attorney general are set forth in HRS § 26-7 (1993), which provides in relevant part: Department of the attorney general.”

Ruggles v. Yagong., 353 P.3d 953 (Haw. 2015). · cites it 8× “” HRS § 26-7 (2009) does state that “unless otherwise provided by law, [the department of the attorney general shall] prosecute cases involving violations of state laws.”

Santos v. State, Dept. of Transp. Kauai Div., 646 P.2d 962 (Haw. 1982). · cites it 4× “Amemiya, supra, in which appellant instituted action against the State’s attorney general for failing to prosecute Duarte as he was required to under HRS § 26-7, 13 and against the State’s director of personnel for failing to investigate Duarte and enforce HRS § 76-29.”

Island-Gentry Jt. Venture v. STATE, ETC., 554 P.2d 761 (Haw. 1976). · cites it 7× “The lack of authority to compromise, with finality, a legal dispute resulting from its breach of a land sale contract will not impair in any way the Board’s ability to initially enter into a contract for the acquisition of land.”

State v. Klattenhoff, 801 P.2d 548 (Haw. 1990). · cites it 4× “HRS § 26-7 (Supp. 1989). In addition, the AG is mandated to represent the State in all criminal and civil matters where the State is a party, or may be an interested party.”

Bronster v. United Pub. Workers, AFSCME, Local 646, 975 P.2d 766 (Haw. 1999). · cites it 6× “With respect to that issue, Bronster argues that her department is not a party to the agreement because it (1) is not expressly enumerated therein, (2) employs no institutional, health, or correctional workers, and (3) is statutorily assigned the role of “counsel to Employer” by…”

Honolulu Civil Beat Inc. v. Dep't of the Attorney Gen.., 463 P.3d 942 (Haw. 2020). · cites it 8× “The court first stated that HRS § 26-7 (2009) “authorizes the Department to render legal services to the State legislature”6 and that HRS § 28-4 (2009) “requires that the 4 HRS § 92F-15(b) provides: In an action to compel disclosure, .”

Soderlund v. Admin. Dir. of the Courts, 26 P.3d 1214 (Haw. 2001). · cites it 2× “See HRS § 26-7 (1993) (describing the functions and powers of the Department of the attorney general as including "prose-cutfing] cases involving violations of state laws .”

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