HomeMy WebLinkAboutCOM 0111.033 2010-2012 Picot/1141m.
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HSBA Adrianne N. Heely - Chair
Levi K. Ho'okano - Vice -Chair
Curtis E. Sherwood - Treasurer
Hawaii State Bar Association Kyle K. Chang - Secretary
founded 1899 Amy I. Esaki - Director
Brandon A.K. Gonzalez - Director
Pamela B. Martin - Director
Government Lawyers Section Kimberly A. Sloper - Director
Darren Ching - Ad Hoc Director
Marie Gavigan - Ad Hoc Director
Rock B. Ley - Ad Hoc Director
Lily 0. Ling - Ad Hoc Director
Jane E. Lovell - Ad Hoc Director
Delanie Prescott - Ad Hoc Director
May 16, 2011 . .._
The Honorable Dominic Yagong
Council Chair
Hawai`i County Council
County of Hawaii
25 Aupuni Street
Hilo, Hawai`i 96720 -
Re: Payment of HSBA Dues for Deputies Corporation Counsel by the County of Hawai`i
Dear Chair Yagong:
The Government Lawyers Section of the Hawai`i State Bar Association ("HSBA ") has learned that
the Hawai`i County Council is considering defunding payment of the annual HSBA dues for County of
Hawai`i Corporation Counsel deputies. We understand and appreciate your position given the County of
Hawai`i's current fiscal and budget crisis, however, we respectfully request and urge the Hawai`i County
Council not defund the payment of the annual HSBA dues for the County of Hawaii Corporation Counsel
deputies.
This recent consideration to defund payment of HSBA annual dues by the Hawai'i County Council
appears to have a demoralizing effect on career public sector attorneys employed by the Office of the
Corporation Counsel, even more so than the mandatory furloughs. The decision to make payment of bar
dues the responsibility of each Deputy Corporation Counsel may be followed by other government agencies
that employ attorneys. That decision could have a negative impact upon all state and local government
attorneys.
Please consider the following:
A County of Hawai`i Deputy Corporation Counsel is prohibited by law from representing any other
person and in fact must devote his /her full time and attention to his /her duties. We understand that
this has been interpreted to preclude part -time employment in non -legal positions. Government
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q De MAY 1 2011
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attorneys are confined to using their only marketable skill on behalf of the client they serve, and
admission to the HSBA is a job requirement for the position.
• The payment of HSBA annual dues is a significant unanticipated expense for all Corporation
Counsel deputies. It falls particularly hard on deputies with families and those couples that have two
government attorneys in one household. This exacerbates the pay reduction hardship that
Corporation Counsel deputies anticipate will continue to incur effective July 1, 2011.
• The defending of HSBA annual dues by the County of Hawaii may impair the County of Hawai`i's
ability to recruit and retain highly skilled attorneys, may erode the morale of the Office of the
Corporation Counsel, and may. in the long term, negatively affect the performance of the Office of
the Corporation Counsel.
• A recent survey revealed that the City and County of Honolulu, the County of Maui, and the County
of Kaua`i all fund payment of HSBA annual dues for their deputy county attorneys.
• Private law firms pay their attorneys' bar dues as a business expense and often pay for membership in
the American Bar Association.
The Government Lawyers Section respectfully urges you to not defend payment of HSBA annual
dues for the Corporation Counsel deputies, and search for other ways to trim the County of Hawai` is budget
so that the Office of the Corporation Counsel can continue to pay HSBA dues for its attorneys.
Mahalo for considering the views and concerns of the officers and directors of the Government
Lawyers Section of the HSBA.
Very truly yours,
a d A4 *. etiviA_ C) 4 /4 0 5_ ,
Adrianne N. Neely, Chair
HSBA Government Lawyers Section
cc: County of Hawaii Corporation Counsel