HCR 72: REQUESTING THE LEGISLATIVE REFERENCE BUREAU TO CONDUCT A COMPREHENSIVE STUDY ON THE FEASIBILITY AND IMPLICATIONS OF ELECTING THE state's ATTORNEY GENERAL.

HOUSE CONCURRENT

RESOLUTION

REQUESTING THE LEGISLATIVE REFERENCE BUREAU TO CONDUCT A COMPREHENSIVE STUDY ON THE FEASIBILITY AND IMPLICATIONS OF ELECTING THE state's ATTORNEY GENERAL.

     WHEREAS, the Attorney General serves as the chief legal officer of the State of Hawaii and plays a critical role in enforcing the law, advising state agencies, and protecting the public interest; and

     WHEREAS, pursuant to Article V, section 6 of the Constitution of the State of Hawaii, the Attorney General is nominated and, by and with the advice and consent of the Senate, appointed by the Governor; and

     WHEREAS, the method of selecting any state’s chief legal officer can significantly affect the independence and accountability of, and public confidence in, that office; and

     WHEREAS, in a majority of states, the attorney general is elected by the voters, and is therefore directly accountable to the public; and

     WHEREAS, recent public discussions have raised concerns about independence, transparency, and the potential for real or perceived conflicts of interest when the Attorney General is appointed by the Governor and may be removed by the Governor, subject to the advice and consent of the Senate; and

     WHEREAS, any proposal to change the method of selecting the Attorney General in the State of Hawaii would require the careful consideration of constitutional, legal, fiscal, and policy issues; now, therefore,

     BE IT RESOLVED by the House of Representatives of the Thirty-third Legislature of the State of Hawaii, Regular Session of 2026, the Senate concurring, that the Legislative Reference Bureau is requested to conduct a comprehensive study on the feasibility and implications of electing the State's Attorney General; and

     BE IT FURTHER RESOLVED that, in the course of conducting the study, the Bureau is requested to:

     (1)  Determine what constitutional amendments would be necessary to establish a process for electing the Attorney General in the State of Hawaii;

     (2)  Compare states that elect their attorneys general with states that appoint them, including a comparison of the States' governance structures and oversight mechanisms;

     (3)  Analyze potential positive and negative impacts relating to electing the State's Attorney General, including impacts related to:

          (A)  The independence of the Attorney General from the Governor, Lieutenant Governor, and other officials within the executive branch of government;

          (B)  The accountability of the Attorney General to the public;

          (C)  The ability of the Attorney General to coordinate with state agencies; and

          (D)  The ability of the Attorney General to represent the State;

     (4)  Discuss the potential administrative, operational, and fiscal impacts if the State's Attorney General were to be elected rather than appointed;

     (5)  Review alternative methods of selecting the State's Attorney General that could strengthen the independence of, and public confidence in, the Attorney General, including establishing fixed terms, removal protections, and appointment processes that do not involve the Governor; and

     (6)  Explore any other relevant issues, as determined by the Bureau.

     BE IT FURTHER RESOLVED that the Legislative Reference Bureau is requested to submit a report of its findings and recommendations, including any proposed legislation, to the Legislature no later than twenty days prior to the convening of the Regular Session of 2027; and

     BE IT FURTHER RESOLVED that certified copies of this Concurrent Resolution be transmitted to the Governor; Lieutenant Governor; Attorney General; Chief Election Officer; and Director of the Legislative Reference Bureau.

Report Title: 

Attorney General; Election; Legislative Reference Bureau; Study