The attorney general of Hawaii (Hawaiian: Loio Kuhina) is the chief legal officer and chief law enforcement officer of Hawaii. In present-day statehood within the United States, the attorney general is appointed by the elected governor with the approval of the state senate and is responsible for a state department charged with advising the various other departments and agencies of state government. The attorney general is responsible for the prosecution of offenses under state law. The attorney general can only be removed by an act of the state senate. In rare occasions, the attorney general serves as acting governor in the absence of both the governor and lieutenant governor from the state for an extended period of time.
| Attorney General of Hawaii | |
|---|---|
| Loio Kuhina | |
since December 5, 2022 | |
| Department of the Attorney General | |
| Type | Chief legal officer and chief law enforcement officer |
| Appointer | Governor of Hawaii |
| Formation | February 27, 1844 |
| First holder | John Ricord |
The office has existed in several forms throughout the history of the Hawaiian Islands. It was created by Kamehameha III and was part of the administration of each successive monarch of the Kingdom of Hawaii. The office was kept in the provisional government, after Liliuokalani and the monarchy was overthrown, and became a part of the succeeding administration of the Republic of Hawaii. 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 under Section 80 of the Hawaiian Organic Act and made an appointed office after statehood was achieved in 1959.
Though a non-partisan office, in territorial days the office of attorney general was traditionally appointed from the political party of the sitting president of the United States who appointed the territorial governor. Similarly in statehood, the office of attorney general has traditionally been appointed from the incumbent governor's political party, thus far Republican or Democratic.
The current attorney general is Anne E. Lopez, who was appointed by Governor Josh Green. The Hawaii Senate confirmed Lopez's nomination on December 5, 2022.[1]
Agencies
editThe attorney general leads a department of 180 attorneys and 500 professional and support personnel. The department oversees various public services. These include 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.[2] In accordance with Chapter 846E of the Hawaii Revised Statutes, the Criminal Justice Data Center maintains a registry of sex offenders in the state.[3] Likewise, the agency provides other criminal history information through the statewide criminal history record information system and Automated Fingerprint Identification System.[4]
History
editOrigins
editJohn Ricord 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.[5][6] The previous year a land dispute by Richard Charlton led to a British occupation known as the Paulet Affair. A related case of Ladd & Co. required lengthy arbitration. These cases would consume his entire time on the islands.[7] Within a few weeks he swore allegiance to Kamehameha III and on March 9, 1844, was appointed first attorney general. In July 1845 he joined the Privy Council.[8] 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.[8] He left August 19, 1847.[9] The office of attorney general was suspended until the 1860s.[10] His work on organizing the courts was taken over by the second trained attorney to arrive in the islands, William Little Lee.
Revival
editOn August 26, 1862, Kamehameha IV revived the office and appointed Charles Coffin Harris as attorney general.[11] Having an attorney general proved useful on constitutional matters. Kamehameha V 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.[12]
Controversies
editA more modern controversy happened with the failed 1998 confirmation by the state senate of popular sitting attorney general Margery Bronster, as political payback for her actions to reform the corrupt Kamehameha Schools/Bishop Estate whose trustees were friends of various powerful legislators, many Hawaiʻi residents called for the right to elect the attorney general. Several attempts failed to create the constitutional amendment.
List of attorneys general
editThe attorneys general with dates of service:[11]
Kingdom of Hawaii
edit| Name | Portrait | Term start | Term end | Monarch(s) served under |
|---|---|---|---|---|
| John Ricord | March 9, 1844 | May 17, 1847 | Kamehameha III | |
| Charles Coffin Harris | August 26, 1862 | December 21, 1865 | Kamehameha IV | |
| Charles Coffin Harris (Acting) | March 26, 1866 | September 12, 1866 | Kamehameha V | |
| Stephen Henry Phillips | September 12, 1866 | January 10, 1873 | Kamehameha V | |
| Albert Francis Judd | January 13, 1873 | February 19, 1874 | Lunalilo | |
| Alfred S. Hartwell | February 18, 1874 | May 28, 1874 | Kalākaua | |
| Richard H. Stanley | May 28, 1874 | November 5, 1875 | Kalākaua | |
| John Smith Walker (ad interim) | November 5, 1875 | February 15, 1876 | Kalākaua | |
| William Richards Castle | February 15, 1876 | December 5, 1876 | Kalākaua | |
| Alfred S. Hartwell | December 5, 1876 | July 3, 1878 | Kalākaua | |
| Edward Preston | July 13, 1878 | August 14, 1880 | Kalākaua | |
| W. Claude Jones | August 14, 1880 | September 27, 1880 | Kalākaua | |
| John Smith Walker (ad interim) | September 27, 1880 | November 29, 1880 | Kalākaua | |
| William Nevins Armstrong | November 29, 1880 | January 17, 1881 | Kalākaua | |
| Henry A. P. Carter (Acting) | January 17, 1881 | November 5, 1881 | Kalākaua | |
| William Nevins Armstrong | November 5, 1881 | May 19, 1882 | Kalākaua | |
| Edward Preston | May 19, 1882 | May 14, 1883 | Kalākaua | |
| Walter M. Gibson (Acting) | May 14, 1883 | December 14, 1883 | Kalākaua | |
| Paul Neumann | December 14, 1883 | June 30, 1886 | Kalākaua | |
| Walter M. Gibson (Acting) | September 18, 1884; August 3, 1885 | September 18, 1884; August 3, 1885 | Kalākaua | |
| John T. Dare | July 1, 1886 | October 13, 1886 | Kalākaua | |
| John Lot Kaulukou | October 13, 1886 | October 23, 1886 | Kalākaua | |
| Luther Aholo (ad interim)[13] | October 23, 1886 | November 14, 1886 | Kalākaua | |
| Antone Rosa | November 15, 1886 | June 28, 1887 | Kalākaua | |
| Clarence W. Ashford | July 1, 1887 | June 14, 1890 | Kalākaua | |
| Lorrin A. Thurston (Acting) | November 22, 1889 | November 22, 1889 | Kalākaua | |
| Arthur P. Peterson | June 17, 1890 | February 25, 1891 | Kalākaua | |
| William A. Whiting | February 25, 1891 | July 27, 1892 | Liliʻuokalani | |
| Hermann A. Widemann (ad interim)[14] | July 27, 1892 | August 29, 1892 | Liliʻuokalani | |
| Paul Neumann | August 29, 1892 | August 30, 1892 | Liliʻuokalani | |
| September 12, 1892 | October 17, 1892 | Liliʻuokalani | ||
| Charles F. Creighton | November 1, 1892 | November 8, 1892 | Liliʻuokalani | |
| Cecil Brown | November 8, 1892 | January 12, 1893 | Liliʻuokalani | |
| Arthur P. Peterson | January 13, 1893 | January 17, 1893 | Liliʻuokalani |
Republic of Hawaii
edit| Name | Portrait | Term start | Term end |
|---|---|---|---|
| William Owen Smith | January 17, 1893 | October 25, 1895 | |
| Francis March Hatch (ad interim) | October 25, 1895 | November 6, 1895 | |
| Henry E. Cooper (ad interim) | November 6, 1895 | December 13, 1895 | |
| William Owen Smith | December 13, 1895 | February 10, 1897 | |
| Henry E. Cooper (ad interim) | February 10, 1897 | April 16, 1897 | |
| William Owen Smith | April 16, 1897 | March 20, 1899 |
Territory of Hawaii
edit| Name | Portrait | Term start | Term end | Territorial governor(s) served under |
|---|---|---|---|---|
| Henry Ernest Cooper | March 20, 1899 | June 14, 1900 | - | |
| Edmund Pearson Dole | June 14, 1900 | February 1, 1903 | Sanford B. Dole | |
| Lorrin Andrews (grandson of missionary Lorrin Andrews) |
February 1, 1903 | November 21, 1905 | George R. Carter | |
| Emil C. Peters | November 21, 1905 | August 15, 1907 | George R. Carter | |
| Charles R. Hemenway | August 15, 1907 | January 30, 1910 | Walter F. Frear | |
| Alexander Lindsay Jr. | January 30, 1910 | December 31, 1912 | Walter F. Frear | |
| Wade Warren Thayer | January 1, 1913 | April 16, 1914 | Walter F. Frear | |
| Ingram M. Stainback | April 17, 1914 | April 18, 1918 | Lucius E. Pinkham | |
| Arthur G. Smith | April 18, 1918 | August 30, 1918 | Lucius E. Pinkham | |
| Harry Irwin | August 30, 1918 | August 31, 1922 | Charles J. McCarthy | |
| John A. Matthewman | September 1, 1922 | March 26, 1925 | Wallace Rider Farrington | |
| William B. Lymer | March 27, 1925 | June 20, 1928 | Wallace Rider Farrington | |
| Harry P. Hewitt | June 21, 1928 | April 30, 1934 | Wallace Rider Farrington | |
| William B. Pittman | May 1, 1934 | December 20, 1936 | Lawrence M. Judd | |
| Joseph V. Hodgson Acting | February 15, 1935 | February 15, 1935 | Joseph Poindexter | |
| S. B. Kemp | January 2, 1937 | June 30, 1938 | Joseph Poindexter | |
| Joseph V. Hodgson | July 1, 1938 | June 7, 1942 | Joseph Poindexter | |
| Ernest K. Kai | June 8, 1942 | October 4, 1942 | Joseph Poindexter | |
| J. Garner Anthony | October 4, 1942 | December 31, 1943 | Ingram Stainback | |
| Cyrus Nils Tavares | January 1, 1944 | June 30, 1947 | Ingram Stainback | |
| Rhoda Valentine Lewis Acting | July 1, 1947 | October 13, 1947 | Ingram Stainback | |
| Walter D. Ackerman Jr. | October 14, 1947 | February 29, 1952 | Ingram Stainback | |
| Michiro Watanabe | March 1, 1952 | March 2, 1953 | Oren E. Long | |
| Edward N. Sylva | March 3, 1953 | November 14, 1956 | Samuel Wilder King | |
| Richard K. Sharpless | November 15, 1956 | May 7, 1957 | Samuel Wilder King | |
| Shiro Kashiwa | May 8, 1957 | June 8, 1957 | Samuel Wilder King | |
| Herbert Young Cho Choy | June 13, 1957 | November 30, 1958 | Samuel Wilder King | |
| Jack H. Mizuha | December 16, 1958 | 1959 | William F. Quinn |
State of Hawaii
edit| Attorney general | Image | Term of office | State governor(s) served under |
|---|---|---|---|
| Jack H. Mizuha | 1959 | William F. Quinn | |
| Shiro Kashiwa | 1959–1960 | ||
| Bert Kobayashi | 1962–1969 | John A. Burns | |
| Bertram Kanbara | 1969–1971 | ||
| George T. H. Pai | 1971 | ||
| Ronald Amemiya | 1974–1978[15] | George Ariyoshi | |
| Wayne Minami | 1978–1981 | ||
| Tany S. Hong | 1981–1984 | ||
| Michael A. Lilly | 1984–1985 | ||
| Corinne Watanabe | 1985–1986 | ||
| Warren Price, III | 1986–1992 | John D. Waiheʻe III | |
| Robert A. Marks | 1992–1994 | ||
| 1994–1995 | Ben Cayetano | ||
| Margery Bronster | 1995–1998 | ||
| Earl I. Anzai | 1999–2002 | ||
| Mark J. Bennett | 2003–2010 | Linda Lingle | |
| David M. Louie | 2011–2014 | Neil Abercrombie | |
| Russell Suzuki (Acting) | 2014–2015 | David Ige | |
| Doug Chin | 2015–2018 | ||
| Russell Suzuki | 2018–2019 | ||
| Clare E. Connors | 2019–2021 | ||
| Holly Shikada | 2021–2022 | ||
| Anne E. Lopez | 2022–present | Josh Green |
See also
editReferences
edit- ^ "New AG on the Block: Hawaii Attorney General Anne Lopez". Troutman Pepper. Retrieved February 19, 2023.
- ^ Attorney General's Office
- ^ Hawaii Criminal Justice Data Center Sex Offender Search
- ^ Hawaii Criminal Justice Data Center
- ^ Jon M. Van Dyke (2008). Who owns the Crown lands of Hawaii?. University of Hawaii Press. p. 34. ISBN 978-0-8248-3211-7.
- ^ Frear, Walter F. (1894). "Evolution of the Hawaiian Judiciary". Papers of the Hawaiian Historical Society (7). Honolulu: Hawaiian Historical Society. hdl:10524/966.
- ^ John Ricord; Stephen H. Williams; James F. B. Marshall (1846). Report of the proceedings and evidence in the arbitration between the King and Government of the Hawaiian Islands and Messrs. Ladd & Co., before Messrs. Stephen H. Williams & James F. B. Marshall, arbitrators under compact. C.E. Hitchcock, printer, Hawaiian Government press.
- ^ a b "Ricord, John office record". state archives digital collections. state of Hawaii. Archived from the original on 2012-03-06. Retrieved 2010-03-12.
- ^ "Passport records". state archives digital collections. state of Hawaii. Retrieved 2010-03-12.
- ^ "Attorney General's Department - Organization of" (PDF). state archives digital collections. state of Hawaii. Archived from the original (PDF) on 2010-05-27. Retrieved 2010-03-12.
- ^ a b "Attorney General, office record" (PDF). state archives digital collections. state of Hawaii. Archived from the original (PDF) on 30 July 2010. Retrieved August 13, 2010.
- ^ Phillip H. Harris (1993). "Charles Coffin Harris: An Uncommon Life in the Law". Hawaiian Journal of History. Hawaiian Historical Society. hdl:10524/224.
- ^ "Hawai`i Legal Research: Attorney General Opinions".
- ^ "Hawai`i Legal Research: Attorney General Opinions".
- ^ Dowson, Kapono (June 21, 2002). "Kimi Amemiya, 96, led family of achievers". Honolulu Advertiser. Retrieved November 28, 2020.
- Newbury, Colin (2001). "Patronage and Bureaucracy in the Hawaiian Kingdom, 1840–1893". Pacific Studies. 24 (1–2). Laie, HI: Brigham Young University, Hawaii Campus: 1–38. OCLC 607265842. Archived from the original on 2012-04-15.
External links
edit- Hawaii Attorney General official website