COM 0637.002 1996-1998 - Laserfiche WebLink

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~ ~ Duano W.H. Penq, Eeq. septembes 17, 1993 Page S allaultaneously represent a State employee in a civil matter and chile iaveetlgatinq end prosocutinq him in s criminal matter as long ae no pre]udice resulted in the criminal matWr and the Depertment~s staff was assigned is such a way as to afford the employee independent counsel and representation is the civil mattor, The 6upreme Court stated in IClattenhoft, sure, that the Hawaii Code of Professional Responsibility cannot "aechanically• be applied to the 1?ttorney General'¦ office due to that office's "mendeted role in owr legal system'. I~ at 603, 601 P.2d SS1. The Court in ><3atteMoff went oa to asyy that e[w]e reaogniss, as do the mn]ority of the states, that•due to the multiple duties statutorily imposed upoa.the t?a's office, the ethical rules for privets law firms are not nec~sserily applicable, in all canoe, to she a?G~s office.' Id.~ at 604, B01 P.2d at SS1. The Court further ateteda Ws hold that the AG any represent a state employee !.n civil matters while investigating end proaeoutinq I~im in criminal matters, so long as the stall o! the Ap con be assigned ih such a manner ae to atlord lndependent legal counsel sad representation in the oivil matter, and so long as suoh representation does not result In prejudice in the crlmir?al mattor to the peraoa represented. et 605, BO1 P.2d at 552. ~bettenhott appears to vnlidato screenia¢ measures where a large government agency has discernable segments. 1?a long se those 8egmenta operate as nearly autonosaous parts, the entire agency will not ba diaqualilled provided that the parts continue to operate eeperetely end there is no pre~udlce to the clients involved. Ne are without adequate factual information upon wLich to conclade that your Department has adequate •diseernable segments' xhlch oould allow the Trisl oivlalon to represent the Defendsr?t in the lederal lawsuit while a eeparnte division opposes that Dofendant is the workers' oompeasstion matter. tour latter .fates that the attorney in your Department who is handling the workers' ' compensation clam works isi as office building eeparnte from yours. However, your telephone conversation with ttnrge Murphy gave us a different impression (i.e., that ell deputies !n your Department, azcept for those is the Pamily Support pivieion, era housed Sn City hall) tPe are, is any event, without informetioa as to the relative physical and organisational seperetlon between your pepertment'e trial division and the division hendlinq the workers' compensation case.