Hawaii Senate Bill SB394

Hawaii 2022 Regular Session

• Introduced: 1/22/21
• Refer: 1/25/21

Caption

Relating To Disclosure Of Attorney-client And Attorney Work-product Privileged Communications To The Ombudsman.

Impact

If enacted, SB394 will have significant implications for how agencies communicate with the ombudsman. The bill emphasizes the importance of preserving legal privileges, which could enhance the willingness of agencies to cooperate with ombudsman investigations. By ensuring that certain disclosures do not waive privilege rights, the bill may encourage more transparent discussions between agencies and the ombudsman while still protecting sensitive information from being accessed or used by external parties.

Summary

Senate Bill 394 is designed to amend Section 96-9 of the Hawaii Revised Statutes regarding the procedures of the ombudsman. The primary objective of the bill is to clarify that disclosures made by an agency to the ombudsman do not waive existing attorney-client privilege or attorney work-product privilege pertaining to those communications. This provision ensures that communications shared with the ombudsman remain confidential and are not disclosed to third parties, maintaining the integrity of the legal privileges involved in such communications.

Contention

There may be potential contention surrounding SB394 regarding concerns from various stakeholders about the scope of the ombudsman's authority and the implications of preserving attorney-client communications. Opponents could argue that while confidentiality is important, it might limit accountability and the effectiveness of ombudsman investigations. Stakeholders may debate whether the protections afforded by the bill could hinder necessary oversight or transparency in governmental operations, particularly if agencies could potentially use this privilege to shield unethical behavior.