Clarifies the State's duty to defend professionally licensed or certified employees in civil actions.
This bill clarifies that the State of Hawaii has a duty to defend professionally licensed or certified employees in civil actions when the employee's actions were within the scope of employment and were not grossly negligent or wanton, as long as the employee is cooperating with the State's defense. It also allows these employees to employ their own attorneys at their own expense. If the attorney general declines to defend an employee, they must file a confidential motion to withdraw as counsel. The motion and related documents must be submitted confidentially.
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- Overview
- Core Provisions
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- Legal Framework
- Critical Issues
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