Right to counsel – Police officer sued civilly
Hawaii
,
Legislation
, Other subject area
Under Haw. Rev. Stat. § 52D-8, “[w]henever a police officer is prosecuted for a crime or sued in a civil action for acts done in the performance of the officer’s duty as a police officer, the police officer shall be represented and defended… [i]n civil cases by the corporation counsel or county attorney of the county in which the police officer is serving.”
The state does place limitations on this right; a police officer is not entitled to select his own counsel when prosecuted for a crime or sued in a civil action. See Fragio v. State, 18 P.3d 871, 879 (Haw. 2001).
Appointment of Counsel: Yes
Qualified: Yes
