Attorney General of Hawaii
{{Infobox official post
| post = Attorney General
| body = Hawaii
| native_name = Loio Kuhina
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| incumbent = Anne E. Lopez
| acting =
| incumbentsince = December 5, 2022
| department = Department of the Attorney General
| style =
| type = Chief legal officer and chief law enforcement officer
| status =
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| appointer = Governor of Hawaii
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| precursor =
| formation = February 27, 1844
| first = John Ricord
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| abolished =
| succession = Fourth
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}}
{{Politics of Hawaii}}
The attorney general of Hawaii ({{langx|haw|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.
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.{{cite web |title=New AG on the Block: Hawaii Attorney General Anne Lopez |url=https://www.regulatoryoversight.com/2022/12/new-ag-on-the-block-hawaii-attorney-general-anne-lopez/ |website=Troutman Pepper |access-date=February 19, 2023}}
Agencies
The 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.[http://hawaii.gov/ag/ Attorney General's Office] In accordance with Chapter 846E of the Hawaii Revised Statutes, the Criminal Justice Data Center maintains a registry of sex offenders in the state.[http://sexoffenders.ehawaii.gov/sexoffender/welcome.html;jsessionid=5AB33425C1166252FEBAF30BF08EA650.kolea Hawaii Criminal Justice Data Center Sex Offender Search] Likewise, the agency provides other criminal history information through the statewide criminal history record information system and Automated Fingerprint Identification System.[http://hawaii.gov/ag/hcjdc Hawaii Criminal Justice Data Center]
History
=Origins=
File:Hawaii Provisional Government Cabinet (PP-28-7-012).jpg
John 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.{{cite book |title= Who owns the Crown lands of Hawaii? |author= Jon M. Van Dyke |publisher= University of Hawaii Press |year= 2008 |page = 34 |isbn= 978-0-8248-3211-7 |url= https://books.google.com/books?id=IjZPcGb2R08C&pg=PA34 }}{{cite journal|last=Frear|first=Walter F.|author-link=Walter F. Frear|title=Evolution of the Hawaiian Judiciary|work=Papers of the Hawaiian Historical Society|issue=7|year=1894|publisher=Hawaiian Historical Society|location=Honolulu|hdl=10524/966}}
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.{{cite book |title= 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 |author= John Ricord |author2= Stephen H. Williams |author3= James F. B. Marshall |publisher= C.E. Hitchcock, printer, Hawaiian Government press |year= 1846 |url= https://books.google.com/books?id=s2iW_IL-mlkC }} 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.{{cite web|url=http://archives1.dags.hawaii.gov/gsdl/collect/governme/index/assoc/HASH0148/3417157e.dir/Ricord,%20John.jpg |title=Ricord, John office record |work=state archives digital collections |publisher=state of Hawaii |access-date=2010-03-12 |url-status=dead |archive-url=https://web.archive.org/web/20120306203751/http://archives1.dags.hawaii.gov/gsdl/collect/governme/index/assoc/HASH0148/3417157e.dir/Ricord%2C%20John.jpg |archive-date=2012-03-06 }}
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.{{cite web |url= http://www.ulukau.org/gsdl2.7/cgi-bin/algene?e=q&a=d&c=algene&d=D31-000029 |title= Passport records |work=state archives digital collections |publisher=state of Hawaii |access-date= 2010-03-12 }}
The office of attorney general was suspended until the 1860s.{{cite web|url=http://archives1.dags.hawaii.gov/gsdl/collect/governme/index/assoc/HASH01e9/06646dea.dir/doc.pdf |title=Attorney General's Department - Organization of |work=state archives digital collections |publisher=state of Hawaii |access-date=2010-03-12 |url-status=dead |archive-url=https://web.archive.org/web/20100527162439/http://archives1.dags.hawaii.gov/gsdl/collect/governme/index/assoc/HASH01e9/06646dea.dir/doc.pdf |archive-date=2010-05-27 }}
His work on organizing the courts was taken over by the second trained attorney to arrive in the islands, William Little Lee.
=Revival=
On August 26, 1862, Kamehameha IV revived the office and appointed Charles Coffin Harris as attorney general. 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.{{cite journal |hdl= 10524/224 |title=Charles Coffin Harris: An Uncommon Life in the Law |publisher=Hawaiian Historical Society |author=Phillip H. Harris |work= Hawaiian Journal of History |year=1993}}
=Controversies=
A 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 Hawai{{okina}}i residents called for the right to elect the attorney general. Several attempts failed to create the constitutional amendment.
List of attorneys general
=Kingdom of Hawaii=
| class="sortable wikitable" |
| style="width:150px" | Name
! style="width:50px" | Portrait ! style="width:125px" | Term start ! style="width:125px" | Term end !Monarch(s) served under |
|---|
| John Ricord
| March 9, 1844 | May 17, 1847 |
| Charles Coffin Harris
| rowspan=2|File:Charles Coffin Harris.jpg | August 26, 1862 | December 21, 1865 |
| Charles Coffin Harris {{small|(Acting)}}
| March 26, 1866 | September 12, 1866 |
| Stephen Henry Phillips
| File:Stephen Henry Phillips.jpg | September 12, 1866 | January 10, 1873 |Kamehameha V |
| Albert Francis Judd
| File:Albert Francis Judd (1838–1900).jpg | January 13, 1873 | February 19, 1874 |
| Alfred S. Hartwell
| File:Alfred Stedman Hartwell.jpg | February 18, 1874 | May 28, 1874 |
| Richard H. Stanley
| | May 28, 1874 | November 5, 1875 |Kalākaua |
| John Smith Walker {{small|(ad interim)}}
| File:John S. Walker in 1886.jpg | November 5, 1875 | February 15, 1876 |Kalākaua |
| William Richards Castle
| File:William Richards Castle (vol. 2, 1921).jpg | February 15, 1876 | December 5, 1876 |Kalākaua |
| Alfred S. Hartwell
| File:Alfred Stedman Hartwell.jpg | December 5, 1876 | July 3, 1878 |Kalākaua |
| Edward Preston
| File:Edward Preston (PPWD-4-2-005, crop).jpg | July 13, 1878 | August 14, 1880 |Kalākaua |
| W. Claude Jones
| File:William Claude Jones.jpg | August 14, 1880 | September 27, 1880 |Kalākaua |
| John Smith Walker {{small|(ad interim)}}
| File:John S. Walker in 1886.jpg | September 27, 1880 | November 29, 1880 |Kalākaua |
| William Nevins Armstrong
| File:William N. Armstrong.jpg | November 29, 1880 | January 17, 1881 |Kalākaua |
| Henry A. P. Carter {{small|(Acting)}}
| File:Henry A. P. Carter-closeup.jpg | January 17, 1881 | November 5, 1881 |Kalākaua |
| William Nevins Armstrong
| File:William N. Armstrong.jpg | November 5, 1881 | May 19, 1882 |Kalākaua |
| Edward Preston
| File:Edward Preston (PPWD-4-2-005, crop).jpg | May 19, 1882 | May 14, 1883 |Kalākaua |
| Walter M. Gibson {{small|(Acting)}}
| File:Walter Murray Gibson.jpg | May 14, 1883 | December 14, 1883 |Kalākaua |
| Paul Neumann
| December 14, 1883 | June 30, 1886 |Kalākaua |
| Walter M. Gibson {{small|(Acting)}}
| File:Walter Murray Gibson.jpg | 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 {{small|(ad interim)}}{{cite web |title=Hawai`i Legal Research: Attorney General Opinions |url=https://law-hawaii.libguides.com/hawaii/attorneygeneral}}
| File:Luther Aholo in 1886.jpg | October 23, 1886 | November 14, 1886 |Kalākaua |
| Antone Rosa
| File: Antone Rosa outside Iolani Palace.jpg | November 15, 1886 | June 28, 1887 |Kalākaua |
| Clarence W. Ashford
| File:Clarence W. Ashford, c. 1896.jpg | July 1, 1887 | June 14, 1890 |Kalākaua |
| Lorrin A. Thurston {{small|(Acting)}}
| File:Lorrin_A._Thurston,_1892.jpg | November 22, 1889 | November 22, 1889 |Kalākaua |
| Arthur P. Peterson
| June 17, 1890 | February 25, 1891 |Kalākaua |
| William A. Whiting
| File:William Austin Whiting.jpg | February 25, 1891 | July 27, 1892 |
| Hermann A. Widemann {{small|(ad interim)}}{{cite web |title=Hawai`i Legal Research: Attorney General Opinions |url=https://law-hawaii.libguides.com/hawaii/attorneygeneral}}
| File:Hermann A. Widemann, photograph by J. J. Williams (cropped).jpg | July 27, 1892 | August 29, 1892 |Liliʻuokalani |
| rowspan=2|Paul Neumann
| rowspan=2|File:Paul Neumann2.jpg | August 29, 1892 | August 30, 1892 |Liliʻuokalani |
| September 12, 1892
| October 17, 1892 |Liliʻuokalani |
| Charles F. Creighton
| File:Charles Creighton, The Call sketch, 1895.jpg | November 1, 1892 | November 8, 1892 |Liliʻuokalani |
| Cecil Brown
| File:Cecil Brown (November 1892).jpg | November 8, 1892 | January 12, 1893 |Liliʻuokalani |
| Arthur P. Peterson
| January 13, 1893 | January 17, 1893 |Liliʻuokalani |
=Republic of Hawaii=
| class="sortable wikitable" |
| style="width:150px" | Name
! style="width:50px" | Portrait ! style="width:125px" | Term start ! style="width:125px" | Term end |
|---|
| William Owen Smith
| January 17, 1893 | October 25, 1895 |
| Francis March Hatch {{small|(ad interim)}}
| File:Francis March Hatch, 1895.jpg | October 25, 1895 | November 6, 1895 |
| Henry E. Cooper {{small|(ad interim)}}
| File:Henry E. Cooper (PP-70-5-016).jpg | November 6, 1895 | December 13, 1895 |
| William Owen Smith
| December 13, 1895 | February 10, 1897 |
| Henry E. Cooper {{small|(ad interim)}}
| File:Henry E. Cooper (PP-70-5-016).jpg | February 10, 1897 | April 16, 1897 |
| William Owen Smith
| April 16, 1897 | March 20, 1899 |
=Territory of Hawaii=
| class="sortable wikitable" |
| style="width:150px" | Name
! style="width:50px" | Portrait ! style="width:125px" | Term start ! style="width:125px" | Term end !Territorial governor(s) served under |
|---|
| Henry Ernest Cooper
| File:Henry_E._Cooper_(PP-70-5-016).jpg | March 20, 1899 | June 14, 1900 | - |
| Edmund Pearson Dole
| File:Edmund_Pearson_Dole,_1903.jpg | June 14, 1900 | February 1, 1903 |
| Lorrin Andrews (grandson of missionary Lorrin Andrews) | File:Lorrin Andrews, The Hawaiian Star, 1905.jpg | February 1, 1903 | November 21, 1905 |
| Emil C. Peters
| File:Emil C. Peters (vol. 2, 1921).jpg | November 21, 1905 | August 15, 1907 |George R. Carter |
| Charles R. Hemenway
| File:Charles R. Hemenway, Advertiser, 1907.jpg | August 15, 1907 | January 30, 1910 |
| Alexander Lindsay Jr.
| File:Alexander_Lindsay,_Jr._(vol._1,_1917).jpg | January 30, 1910 | December 31, 1912 |Walter F. Frear |
| Wade Warren Thayer
| File:Wade Warren Thayer (vol. 2, 1921).jpg | January 1, 1913 | April 16, 1914 |Walter F. Frear |
| Ingram M. Stainback
| April 17, 1914 | April 18, 1918 |Lucius E. Pinkham |
| Arthur G. Smith
| File:Arthur G. Smith (vol. 2, 1921).jpg | April 18, 1918 | August 30, 1918 |Lucius E. Pinkham |
| Harry Irwin
| File:Harry Irwin (vol. 2, 1921).jpg | August 30, 1918 | August 31, 1922 |Charles J. McCarthy |
| John A. Matthewman
| | September 1, 1922 | March 26, 1925 |Wallace Rider Farrington |
| William B. Lymer
| File:William B. Lymer (vol. 2, 1921).jpg | 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 {{small|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 {{small|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=
| class="wikitable"
|+ Attorneys general of the State of Hawaii |
| Attorney general
! Image ! Term of office ! State governor(s) served under |
|---|
| Jack H. Mizuha
| | 1959 | rowspan=2 | William F. Quinn |
| Shiro Kashiwa
| | 1959–1960 |
| Bert Kobayashi
| | 1962–1969 | rowspan=3 | John A. Burns |
| Bertram Kanbara
| | 1969–1971 |
| George T. H. Pai
| | 1971 |
| Ronald Amemiya
| | rowspan=5 | 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 | rowspan=2 | John D. Waiheʻe III |
| rowspan=2 | Robert A. Marks
| rowspan=2 | | 1992–1994 |
| 1994–1995
| rowspan=3 | Ben Cayetano |
| Margery Bronster
| | 1995–1998 |
| Earl I. Anzai
| | 1999–2002 |
| Mark J. Bennett
| 75px | 2003–2010 |
| David M. Louie
| 75px | 2011–2014 |
| Russell Suzuki {{small|(Acting)}}
| | 2014–2015 | rowspan=5 | David Ige |
| Doug Chin
| 75px | 2015–2018 |
| Russell Suzuki
| | 2018–2019 |
| Clare E. Connors
| 75px | 2019–2021 |
| Holly Shikada
| | 2021–2022 |
| Anne E. Lopez
| | 2022–present |
See also
References
{{Reflist}}
- {{cite journal|last=Newbury |first=Colin |title=Patronage and Bureaucracy in the Hawaiian Kingdom, 1840–1893 |journal=Pacific Studies |url=https://ojs.lib.byu.edu/spc/index.php/PacificStudies/article/viewFile/10216/9862 |volume=24 |issue=1–2 |year=2001 |publisher=Brigham Young University, Hawaii Campus |location=Laie, HI |oclc=607265842 |pages=1–38 |url-status=dead |archive-url=https://web.archive.org/web/20120415124826/https://ojs.lib.byu.edu/spc/index.php/PacificStudies/article/viewFile/10216/9862 |archive-date=2012-04-15 }}
External links
- [http://ag.hawaii.gov/ Hawaii Attorney General] official website
{{Current Hawaii statewide political officials}}
{{Attorneys General of Hawaii}}
{{U.S. State Attorneys General}}