Hawaii Revised Statutes

Haw. Rev. Stat. § 28-2 (2026)

  Prosecutes offenders, enforces bonds

✓ current as of July 2026
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     §28-2  Prosecutes offenders, enforces bonds.  The attorney general shall be vigilant and active in detecting offenders against the laws of the State, and shall prosecute the same with diligence.  The attorney general shall also enforce all bonds and other obligations in favor of the State that may be placed in the attorney general's hands for that purpose, by any person having the lawful custody of the papers; and the attorney general shall likewise be diligent in prosecuting all persons who may obstruct any street, channel, harbor, wharf, or other highway, or any stream or public watercourse, or commit any trespass, or waste on any portion of the public domain, or other public property. [L 1866, p 17; RL 1925, §1487; RL 1935, §501; RL 1945, §1502; RL 1955, §30-2; HRS §28-2; gen ch 1993]

 

Case Notes

 

  Duties in connection with divorce matters.  35 H. 849.

  Supersession of county prosecutor upheld.  63 H. 424, 629 P.2d 1126.

  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).

 

 

Notes of Decisions
Cited in 9 cases (1 in the last 5 years), 1981–2025 · leading case: Ruggles v. Yagong., 353 P.3d 953 (Haw. 2015).
Ruggles v. Yagong., 353 P.3d 953 (Haw. 2015). · cites it 4× “Pursuant to HRS § 28-2 (2009), the attorney general “shall be vigilant and active in detecting offenders against the laws of the State, and shall prosecute the same with diligence.”
Rees v. Carlisle, 153 P.3d 1131 (Haw. 2007). · cites it 2× “HRS § 28-2 is entitled “Prosecutes offenders, enforces bonds” and provides, among other things, that the attorney general shall prosecute offenders against the laws of the State.”
Amemiya v. Sapienza, 629 P.2d 1126 (Haw. 1981). · cites it 3× “(Emphasis added) On the other hand, HRS § 28-2 (1976) provides: § 28-2 Prosecutes offenders, enforces bonds.”
Chun v. Bd. of Trs., 952 P.2d 1215 (Haw. 1998). · cites it 2× “in all cases criminal or civil in which the State may be a party, or be interested,” HRS § 28-1 (1993); (2) to “be vigilant and active in detecting offenders against the laws of the State, and [to] prosecute the same with diligence,” HRS § 28-2 (1993); (3) to “investigate…”
Citizens for the Prot. of the North Kohala Coastline Ex Rel. Withington v. Cnty. of Hawai'i, 979 P.2d 1120 (Haw. 1999). “There are no genuine issues of material fact and Defendants and Chalón are entitled to judgment on Count II[,] as a matter of law that the County properly conducted the land use review required under Chapter 205, HRS and Section 28-2 of the Hawaii County Code. 11.”
Ruggles v. Yagong, 323 P.3d 155 (Haw. App. 2014). · cites it 2× “HRS § 28-2 (2009 Repl.) provides, “[t]he attorney general shall be vigilant and active in detecting offenders against the laws of the State, and shall prosecute the same with diligence.”
State v. Miles, 354 P.3d 178 (Haw. App. 2015). · cites it 2× “Exodus further cites to HRS § 28-2 (2009) which provides that "[t]he attorney general shall also enforce all bonds and other obligations in favor of the State that may be placed in the attorney general's hands for that purpose, by any person having the lawful custody of the…”
Surnow v. Buddemeyer (D. Haw. 2019). · cites it 2× “Pursuant to HRS § 28-2 (2009), the attorney general “shall be vigilant and active in detecting offenders against the laws of the State, and shall prosecute the same with diligence.”
McGuire v. Cnty. of Hawai'i. Concurring Opinion by Ginoza, J, filed 04/08/2025 [ada]. (Haw. 2025). · cites it 2× “” HRS § 28-2 (2009). The Hawaiʻi Constitution also advances home rule, local government with minimal state interference.”
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