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The Honolulu Advertiser
Posted on: Monday, March 24, 2008

State should fix bill to give police legal cover

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In her first veto of the legislative session, Gov. Linda Lingle made the right decision by rejecting a bill that gave overly broad protection to police officers seeking legal representation by county-paid attorneys.

House Bill 987, carryover legislation from the 2007 session, attempted to clarify the meaning of the phrase "acts done in the performance of the officer's duty as a police officer" — this would help determine when the county must provide an attorney to an officer who's prosecuted or sued.

It's clear why the clarification is needed: The nature of police work means that officers are frequently drawn into situations in which they're vulnerable to accusations. Police caught in such a snare deserve to be represented by legal counsel at county expense.

However, Lingle was correct that more guidelines are needed to define what would be covered. As it's now written, the bill may enable legal representation for:

  • Any action while in a duty status or while the police officer is on duty.

  • Any action performed by an off-duty police officer while making an arrest or performing any other police duty.

  • Any action performed by the police officer while on special-duty status.

    That covers a lot of territory, including officers who, while on duty, may be engaged in drug sales or other criminal behavior.

    There should be a way to amend this language, with consultation from police labor leaders and commissioners. First requiring an administrative review to determine whether officers followed policies and procedures would be one possible means of more fairly assigning a county lawyer to a case.

    The State of Hawaii Organization of Police Officers is working on a compromise bill, which the Legislature should consider this session. There's no reason to leave police officers — the overwhelming majority of whom serve the population with integrity — without the assurance that their employers will see that they get a fair shake in court.

    Police need that assurance to provide for public safety, in the dangerous circumstances they face.

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