Attorney General of Hawaii
Encyclopedia
The Attorney General of Hawaii is the chief legal and law enforcement officer of Hawaii
Hawaii
Hawaii is the newest of the 50 U.S. states , and is the only U.S. state made up entirely of islands. It is the northernmost island group in Polynesia, occupying most of an archipelago in the central Pacific Ocean, southwest of the continental United States, southeast of Japan, and northeast of...

. In present-day statehood within the United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...

, he or she is appointed by the elected governor
Governor of Hawaii
The Governor of Hawaii is the chief executive of the state of Hawaii and its various agencies and departments, as provided in the Hawaii State Constitution Article V, Sections 1 through 6. It is a directly elected position, votes being cast by popular suffrage of residents of the state...

 with the approval of the state senate
Hawaii Senate
The Hawaii State Senate is the upper chamber of the Hawaii State Legislature. The senate consists of twenty-five members elected from an equal number of constituent districts across the islands. The senate is led by the President of the Senate, elected from the membership of the body, currently...

 and is responsible for a state department charged with advising the various other departments and agencies of state government
Government of Hawaii
Government of Hawaii may refer to:*Constitution of Hawaii*Ancient Hawaii*Kingdom of Hawaii*Provisional Government of Hawaii*Republic of Hawaii*Territory of Hawaii*State of Hawaii*United States Congressional Delegations from Hawaii...

. He or she is responsible for the prosecution of offenses to the constitution
Constitution of Hawaii
The Constitution of the State of Hawaiʻi refers to various legal documents throughout the history of the Hawaiian Islands that defined the fundamental principles of authority and governance within its sphere of jurisdiction. Numerous constitutions have been promulgated for the Kingdom of Hawaii,...

 and prescribed laws called Hawaii Revised Statutes. The Attorney General can only be removed by an act of the state senate. In rare occasions, the Attorney General serves as acting governor
Acting governor
An acting governor is a constitutional position created in some U.S. states when the governor dies in office or resigns. In some states, the governor may also be declared to be incapacitated and unable to function for various reasons, including illness and absence from the state for more than a...

 in the absence of both the governor and lieutenant governor from the state for an extended period of time.

The office has existed in several forms throughout the history of the Hawaiian Islands
Hawaiian Islands
The Hawaiian Islands are an archipelago of eight major islands, several atolls, numerous smaller islets, and undersea seamounts in the North Pacific Ocean, extending some 1,500 miles from the island of Hawaii in the south to northernmost Kure Atoll...

. It was created by Kamehameha III
Kamehameha III
Kamehameha III was the King of Hawaii from 1825 to 1854. His full Hawaiian name was Keaweaweula Kiwalao Kauikeaouli Kaleiopapa and then lengthened to Keaweaweula Kiwalao Kauikeaouli Kaleiopapa Kalani Waiakua Kalanikau Iokikilo Kiwalao i ke kapu Kamehameha when he ascended the throne.Under his...

 and was part of the administration of each successive monarch of the Kingdom of Hawaii
Kingdom of Hawaii
The Kingdom of Hawaii was established during the years 1795 to 1810 with the subjugation of the smaller independent chiefdoms of Oahu, Maui, Molokai, Lānai, Kauai and Niihau by the chiefdom of Hawaii into one unified government...

. The office was kept in the provisional government, after Liliuokalani and the monarchy
Monarchy
A monarchy is a form of government in which the office of head of state is usually held until death or abdication and is often hereditary and includes a royal house. In some cases, the monarch is elected...

 was overthrown, and became a part of the succeeding administration of the Republic of Hawaii
Republic of Hawaii
The Republic of Hawaii was the formal name of the government that controlled Hawaii from 1894 to 1898 when it was run as a republic. The republic period occurred between the administration of the Provisional Government of Hawaii which ended on July 4, 1894 and the adoption of the Newlands...

. A regular part of the American model of the executive branch of government, the office of attorney general was part of the Territory of Hawaii
Territory of Hawaii
The Territory of Hawaii or Hawaii Territory was an organized incorporated territory of the United States that existed from July 7, 1898, until August 21, 1959, when its territory, with the exception of Johnston Atoll, was admitted to the Union as the fiftieth U.S. state, the State of Hawaii.The U.S...

 under Section 80 of the Hawaiian Organic Act
Hawaiian Organic Act
The Hawaiian Organic Act of April 30, 1900 was a United States federal law enacted to provide a government for the territory of Hawaii.-Background:...

 and made an appointed office after statehood was achieved in 1959.

Though a non-partisan office, in territorial days the office of Attorney General has traditionally been appointed from the political party of the sitting President of the United States
President of the United States
The President of the United States of America is the head of state and head of government of the United States. The president leads the executive branch of the federal government and is the commander-in-chief of the United States Armed Forces....

 who appoints the territorial governor. Similarly in statehood, the office of Attorney General has traditionally been appointed from the incumbent governor's political party, usually Republican
Hawaii Republican Party
The Hawaii Republican Party is the state affiliate of the Republican Party of the United States. Based in Honolulu, the party is a central organization established for the promotion of the party platform as it is drafted in convention every other year...

 or Democrat
Democratic Party of Hawaii
The Democratic Party of Hawaii is an arm of the Democratic Party of the United States based in Honolulu, Hawaii. The party is a centralized organization established to promote the party platform as drafted in convention biennially...

.

The most recent Attorney General was Mark J. Bennett
Mark J. Bennett
Mark J. Bennett is a Honolulu, Hawaii attorney and served as Attorney General of Hawaii from 2003 to 2010 in the two-term administration of Republican Governor Linda Lingle. He is the first attorney general appointed by a Republican governor since the governorship of William F. Quinn, the first...

. He will be succeeded by David M. Louie
David M. Louie
David M. Louie is a second generation Chinese American, serving as Attorney General of Hawaii.-Early Life and Education:Born in Oakland, Louie was raised in Los Angeles by his father Paul and mother Emma...

, appointed by Governor Neil Abercrombie
Neil Abercrombie
Neil Abercrombie is the 7th and current Governor of Hawaii. He was the Democratic U.S. Representative of the First Congressional District of Hawaii which comprises urban Honolulu. He served in Congress from 1986 to 1987 and from 1991 to 2010 when he resigned to successfully run for governor...

.

Agencies

The Attorney General presides over an executive department administered from 425 Queen Street in the state capital of Honolulu, in a historic district that includes Aliʻiōlani Hale
Aliiolani Hale
Aliiōlani Hale is a building located in downtown Honolulu, Hawaii, currently used as the home of the Hawaii State Supreme Court. It is the former seat of government of the Kingdom of Hawaii and the Republic of Hawaii....

, Hawaii State Capitol
Hawaii State Capitol
The Hawaii State Capitol is the official statehouse or capitol building of Hawaii in the United States. From its chambers, the executive and legislative branches perform the duties involved in governing the state...

, Honolulu Hale
Honolulu Hale
Honolulu Hale , located on 530 South King Street in downtown Honolulu in the City & County of Honolulu, Hawaii, is the official seat of government of the city and county, site of the chambers of the Mayor of Honolulu and the Honolulu City Council.In the Hawaiian language, hale means house or building...

, [[ʻIolani Palace]], Kamehameha Statue
Kamehameha Statue
Several Kamehameha Statues honor the monarch who founded the Kingdom of Hawaii.-Gould's work:One stands prominently in front of Aliiolani Hale in Honolulu, Hawaii. The statue had its origins in 1878 when Walter M. Gibson, a member of the Hawaiian government at the time, wanted to commemorate the...

, Kawaiahaʻo Church, Cathedral of Our Lady of Peace
Cathedral of Our Lady of Peace
The Cathedral of Our Lady of Peace — also known by its original French name Cathédrale de Notre Dame de la Paix, its Portuguese variant Catedral de Nossa Senhora da Paz and its Hawaiian derivative Malia o ka Malu Hale Pule Nui — is the Mother Church of the Diocese of Honolulu and houses...

, St. Andrew's Cathedral
Cathedral Church of Saint Andrew, Honolulu
The Cathedral Church of Saint Andrew, also commonly known as St. Andrew's Cathedral, is a cathedral of the Episcopal Church in the United States located in the State of Hawaii...

, Territorial Building
Territorial Building
The Territorial Building is a government building of the Territory of Hawaii.-Description:The building is located at 425 South King Street in downtown Honolulu, Hawaii....

 and Washington Place
Washington Place
Washington Place is a Greek Revival palace in the Hawaii Capital Historic District in Honolulu, Hawaii. It was where Queen Liliuokalani was arrested during the overthrow of the Hawaiian Kingdom. Later it became the official residence of the Governor of Hawaii. It is a National Historic Landmark,...

. The department also has relative offices elsewhere.

The department oversees various public services. These include the processing of Hawaii State Identification Cards and administering the Hawaii Criminal Justice Data Center, running the Missing Child Center, Child Support Enforcement Agency, Hawaii Internet Crimes Against Children Task Force, Hawaii Internet and Technology Crimes Unit, Office of Child Support Hearings, Tobacco Enforcement Unit, among others. In accordance with Chapter 846E of the Hawaii Revised Statutes, the Criminal Justice Data Center maintains a registry of sex offenders in the state and publishes information like the following: name, prior names, aliases, nicknames and pseudonyms, year of birth and alias year of births, physical description including scars and tattoos, photograph, residence, temporary and future addresses, personal vehicles(s) driven, street name of employment and volunteer location, college/university affiliation, and crime for which convicted, judgment of conviction, judgment of acquittal, or judicial determination of unfitness to proceed for which the offender is registered, and the provision of law defining the criminal offense. Likewise, the agency provides other criminal history information through the statewide criminal history record information system and Automated Fingerprint Identification System.

Origins

John Ricord
John Ricord
John Ricord whose birth name was probably Jean Baptiste Ricord-Madianna II, was a lawyer and world traveler. He was involved in cases in Texas, Oregon, Hawaii, and California.-Life:...

 served as the first Attorney General of Hawaii. He arrived in the Kingdom on February 27, 1844 on the Columbia. He was the first Western-trained lawyer in the islands.
The previous year a land dispute by Richard Charlton
Richard Charlton (Hawaii)
Richard Charlton was the first diplomatic Consul from Great Britain to the Kingdom of Hawaii 1825–1843. He was surrounded by controversies that caused a military occupation known as the Paulet Affair, and real estate claims that motivated the formalization of Hawaiian land titles.-Life:Richard...

 led to a British occupation known as the Paulet Affair
Paulet Affair (1843)
The Paulet Affair was a five month occupation of the Hawaiian Islands in 1843 by British naval officer Captain Lord George Paulet, of .-Paulet affair:...

. A related case of Ladd & Co.
Ladd & Co.
Ladd & Company was an early business partnership in the Kingdom of Hawaii.Its founders were William Ladd , Peter Allen Brinsmade , and William Northey Hooper...

 required lengthy arbitration. These cases would consume his entire time on the islands. Within a few weeks he swore allegiance to Kamehameha III
Kamehameha III
Kamehameha III was the King of Hawaii from 1825 to 1854. His full Hawaiian name was Keaweaweula Kiwalao Kauikeaouli Kaleiopapa and then lengthened to Keaweaweula Kiwalao Kauikeaouli Kaleiopapa Kalani Waiakua Kalanikau Iokikilo Kiwalao i ke kapu Kamehameha when he ascended the throne.Under his...

 and on March 9, 1844, was appointed first Attorney General. In July 1845 he joined the Privy Council
Privy council
A privy council is a body that advises the head of state of a nation, typically, but not always, in the context of a monarchic government. The word "privy" means "private" or "secret"; thus, a privy council was originally a committee of the monarch's closest advisors to give confidential advice on...

.
On October 29, 1845, the executive branch of the government was formally organized through legislation he proposed. On May 17, 1847, he resigned all his offices, and on June 12 was released from his oath of allegiance, so he could resume his citizenship of the United States.
He left August 19, 1847.
The office of Attorney General was suspended until the 1860s.
His work on organizing the courts was taken over by the second trained attorney to arrive in the islands, William Little Lee
William Little Lee
William Little Lee was an American lawyer who became the first Chief Justice of the Supreme Court for the Kingdom of Hawaii.-Life:...

.

Revival

On August 26, 1862, Kamehameha IV
Kamehameha IV
Kamehameha IV, born Alexander Iolani Liholiho Keawenui , reigned as the fourth king of the Kingdom of Hawaii from January 11, 1855 to November 30, 1863.-Early life:...

 revived the office and appointed Charles Coffin Harris
Charles Coffin Harris
Charles Coffin Harris was a New England lawyer who became a politician and judge in the Kingdom of Hawaii who firmly supported the monarchy as an independent nation. After serving in a number of cabinet posts, he became chief justice of the supreme court.-Early life:Charles Coffin Harris was born...

 as Attorney General. Having an attorney general proved useful on constitutional matters. Kamehameha V
Kamehameha V
aloghaKamehameha V , born as Lot Kapuāiwa, reigned as monarch of the Kingdom of Hawaii from 1863 to 1872. His motto was "Onipa`a": immovable, firm, steadfast or determined; he worked diligently for his people and kingdom and was described as the last great traditional chief...

 insisted on a new constitution that would restore some of the power to the monarchy that had been lost over time. Harris issued his legal opinion that the king had such a right and produced an early draft. A constitutional convention failed to reach agreement, so Harris got the cabinet to negotiate directly with Kamehameha V leading to the promulgation of the 1864 Constitution
1864 Constitution of the Kingdom of Hawaii
The Constitution of 1864 of the Kingdom of Hawaii was a rewrite of the 1852 constitution issued by King Kamehameha III. It dramatically changed the way Hawaii's government worked by increasing the power of the king and changing the way the kingdom's legislature worked...

.

Controversies

A more modern controversy happened with the failed 1998 confirmation by the state senate of popular sitting Attorney General Margery Bronster
Margery Bronster
Margery S. Bronster is a lawyer who served as Attorney General of Hawaii from 1995 to 1999.-Career:Bronster graduated from Brown University, where she became fluent in Mandarin Chinese, and then Columbia University Law School in 1982. She went into private practice for Shearman & Sterling in New...

, as political payback for her actions to reform the corrupt Kamehameha Schools/Bishop Estate
Kamehameha Schools
Kamehameha Schools , formerly called Kamehameha Schools/Bishop Estate , is a private co-educational college-preparatory institution that specializes in Native Hawaiian language and cultural education. It is located in Hawaii and operates three campuses: Kapālama , Pukalani , and Keaau...

 whose trustees were friends of various powerful legislators, many Hawaii residents called for the right to elect the attorney general. Several attempts failed to create the constitutional amendment.

Kingdom of Hawaii

  • John Ricord
    John Ricord
    John Ricord whose birth name was probably Jean Baptiste Ricord-Madianna II, was a lawyer and world traveler. He was involved in cases in Texas, Oregon, Hawaii, and California.-Life:...

    , 1844–1847
  • Charles Coffin Harris
    Charles Coffin Harris
    Charles Coffin Harris was a New England lawyer who became a politician and judge in the Kingdom of Hawaii who firmly supported the monarchy as an independent nation. After serving in a number of cabinet posts, he became chief justice of the supreme court.-Early life:Charles Coffin Harris was born...

    , 1862–1865
  • Stephen Henry Phillips
    Stephen Henry Phillips
    Stephen Henry Phillips was an American lawyer who served as the Attorney General of Massachusetts and the Kingdom of Hawaii and as the Minister of Foreign Affairs and on King Kamehameha V's Privy Council.-Early life:...

    , 1866–1873
  • Albert Francis Judd
    Albert Francis Judd
    Albert Francis Judd was a judge of the Kingdom of Hawaii who served as Chief Justice of the Supreme Court through its transition into part of the United States.-Life:...

    , 1873–1874
  • Richard H. Stanley
    Richard H. Stanley
    Richard Henry Stanley was an American lawyer who served as politician and cabinet member of the Kingdom of Hawaii.-Life:Stanley was born circa 1823.On February 4, 1861 he became a citizen of the Kingdom of Hawaii....

    , 1874–1875
  • William Richards Castle
    William Richards Castle
    William Richards Castle was a lawyer and politician in the Kingdom of Hawaii and Republic of Hawaii.-Family:William Richards Castle was born in Honolulu March 19, 1849. His father was Samuel Northrup Castle , and mother was Mary Tenney . He was a namesake of William Richards who drafted the first...

    , 1876
  • Alfred S. Hartwell
    Alfred S. Hartwell
    Alfred Stedman Hartwell was a lawyer and American Civil War soldier, who then had another career as cabinet minister and judge in the Kingdom of Hawaii.-Life:Alfred Stedman Hartwell was born June 11, 1836 in South Natick, Massachusetts...

    , 1874, 1876–1878
  • Edward Preston
    Edward Preston
    Edward Preston was a lawyer and judge originally from England who served in the Kingdom of Hawaii.-Life:Edward Preston was born 17 February 1831 in London, England....

     1878–1880, 1882–1883
  • W. Claude Jones, 1880
  • William N. Armstrong, 1880–1882
  • Paul Neumann 1883–1886, 1892
  • John T. Dare, 1886
  • John Lot Kaulukou, 1886
  • Antono Rosa, 1886–1887
  • Clarence W. Ashford, 1887–1890
  • Arthur P. Peterson, 1890–1891, 1893
  • William A. Whiting, 1891–1892
  • Charles F. Creighton, 1892
  • Cecil Brown, 1892–1893

Territory of Hawaii

  • Henry Ernest Cooper, 1899–1900
  • Edmund Pearson Dole
    Edmund Pearson Dole
    Edmund Pearson Dole was a lawyer from New England who served as the first Attorney General of the Territory of Hawaii, and argued a case up to the U.S. Supreme Court. He also wrote several novels.-Life:...

    , 1900–1903
  • Lorrin Andrews, 1903–1905
  • Emil C. Peters, 1905–1907
  • Charles R. Hemenway, 1907–1910
  • Alexander Lindsay, Jr., 1910–1912
  • Wade Warren Thayer, 1913–1914
  • Ingram M. Stainback, 1914–1918
  • Arthur G. Smith, 1918
  • Harry Irwin, 1918–1922
  • John A. Matthewman, 1922–1925
  • William B. Lymer, 1925–1928
  • Harry P. Hewitt, 1928–1934
  • William B. Pittman, 1934–1936
  • S.B. Kemp, 1937–1938
  • Joseph V. Hodgson, 1938–1942
  • Ernest K. Kai, 1942
  • J. Garner Anthony, 1942–1943
  • Cyrus Nils Tavares
    Cyrus Nils Tavares
    Cyrus Nils Tavares was an American lawyer and judge. He served as judge on the United States District Court for the District of Hawaii....

    , 1944–1947
  • Walter D. Ackerman, Jr., 1947–1952
  • Michiro Watanabe, 1952–1953
  • Edward N. Sylva, 1953–1956
  • Richard K. Sharpless, 1956–1957
  • Shiro Kashiwa
    Shiro Kashiwa
    Shiro Kashiwa was the first Attorney General of Hawaii when it became a state in 1959. He served as a judge on the United States Court of Claims, then the United States Court of Appeals for the Federal Circuit in Washington, D.C. from 1982 to 1986...

    , 1957
  • Herbert Young Cho Choy
    Herbert Choy
    Herbert Young Cho Choy was the first Asian American to serve as a United States federal judge and the first person of Korean ancestry to be admitted to the bar in the United States.- Background :...

    , 1957–1958

State of Hawaii

  • Shiro Kashiwa
    Shiro Kashiwa
    Shiro Kashiwa was the first Attorney General of Hawaii when it became a state in 1959. He served as a judge on the United States Court of Claims, then the United States Court of Appeals for the Federal Circuit in Washington, D.C. from 1982 to 1986...

    , 1959–1963
  • George T.H. Pai
  • Wayne Minami
  • Tany S. Hong
  • Michael A. Lilly, 1984-1985
  • Corinne K.A. Watanabe
  • Warren Price, III 1986 - 1992
  • Robert A. Marks 1992-95
  • Margery Bronster
    Margery Bronster
    Margery S. Bronster is a lawyer who served as Attorney General of Hawaii from 1995 to 1999.-Career:Bronster graduated from Brown University, where she became fluent in Mandarin Chinese, and then Columbia University Law School in 1982. She went into private practice for Shearman & Sterling in New...

    , 1995–1998
  • Earl I. Anzai
    Earl I. Anzai
    Earl I. Anzai served as Attorney General of Hawaii from 1999 to 2002, appointed by Governor of Hawaii Benjamin J. Cayetano. A career Democrat, Anzai also served as state budget director from 1995 to 1999 and Office of Hawaiian Affairs special counsel from 1990 to 1994...

    , 1999–2002
  • Mark J. Bennett
    Mark J. Bennett
    Mark J. Bennett is a Honolulu, Hawaii attorney and served as Attorney General of Hawaii from 2003 to 2010 in the two-term administration of Republican Governor Linda Lingle. He is the first attorney general appointed by a Republican governor since the governorship of William F. Quinn, the first...

    , 2003–2010
  • David M. Louie
    David M. Louie
    David M. Louie is a second generation Chinese American, serving as Attorney General of Hawaii.-Early Life and Education:Born in Oakland, Louie was raised in Los Angeles by his father Paul and mother Emma...

    , 2010 designate

External links

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