Haw. Rev. Stat. » Haw. Rev. Stat. / Chapter 52D
Hawaii Revised Statutes

Haw. Rev. Stat. § 52D-8 (2026)

] Police officers; counsel for

✓ current as of July 2026
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     [§52D-8]  Police officers; counsel for.  Whenever a police officer is prosecuted for a crime or sued in a civil action for acts done in the performance of the officer's duty as a police officer, the police officer shall be represented and defended:

     (1)  In criminal proceedings by an attorney to be employed and paid by the county in which the officer is serving; and

     (2)  In civil cases by the corporation counsel or county attorney of the county in which the police officer is serving. [L 1989, c 136, pt of §2]

 

Case Notes

 

  An attorney "employed and paid by the county" for the benefit of a police officer, to defend the officer in a criminal case pursuant to this section and in related civil cases, in which the county has asserted claims adverse to the officer, is not per se, by virtue of such employment and payment, deemed ineffective counsel.  95 H. 9, 18 P.3d 871.

  Section provides officers with a constitutionally protected property interest--the right to legal representation for acting within the scope of their duty; due process thus entitles an officer to a contested case hearing under chapter 91 before the officer can be deprived of this interest.  89 H. 221 (App.), 971 P.2d 310.

 

 

Notes of Decisions
Cited in 4 cases (1 in the last 5 years), 1999–2022 · leading case: City & Cnty. of Honolulu v. Honolulu Police Comm'n., 508 P.3d 851 (Haw. App. 2022).
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City & Cnty. of Honolulu v. Honolulu Police Comm'n., 508 P.3d 851 (Haw. App. 2022). · cites it 34× “Statutory and Regulatory Structure HRS § 52D-8 (2012) provides: Police officers; counsel for.”
Alejado v. City & Cnty. of Honolulu, 971 P.2d 310 (Haw. App. 1999). · cites it 11× “Appellant bases his assertions of a protected property interest and entitlement to a “contested ease” hearing on HRS § 52D-8 (1993), which provides: [§ 52D-8] Police officers; counsel for.”
Nyenhuis v. Metro. Dist. Comm'n, 22 A.3d 1181 (Conn. 2011). “065 (2) (West 2008) (“employing agency of any officer has the option to pay reasonable attorney’s fees and costs for any officer in any civil or criminal action”), Haw. Rev. Stat. § 52D-8 (1993) (“police officer shall be represented and defended .”
City of Sweetwater v. Alvarez, 14 So. 3d 1210 (Fla. 3d DCA 2009). “Although ours is not the only state that provides some means by which police officers and correctional officials may obtain reimbursement for legal expenses and costs, see, e.”
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