Kauai seeks to reduce county litigation costs

The Associated Press

Share this story

LIHUE, Kauai — Kauai county attorneys want to create a litigation team to reduce the amount of money spent on hiring outside counsel. ADVERTISING LIHUE, Kauai — Kauai county attorneys want to create a litigation team to reduce the amount

LIHUE, Kauai — Kauai county attorneys want to create a litigation team to reduce the amount of money spent on hiring outside counsel.

ADVERTISING

Adding one new position this year would save hundreds of thousands of taxpayer dollars, said First Deputy County Attorney Mauna Kea Trask.

Kauai is the only county in the state that doesn’t have a litigation team that includes attorneys specializing in specific areas of law, the Garden Island reported Monday. The county often relies on hiring private attorneys to handle litigation, including a recent high-profile lawsuit against the county regarding genetically modified crops.

Trask said outside counsel generally costs the county about $200 to $400 per hour, while county attorneys charge $35 to $45 per hour.

However, he said, hiring private legal help is sometimes unavoidable because of conflict of interest issues on a small island. “If a case comes up involving a cousin of mine or a really close friend, I’m advised not to participate in it,” Trask said. “That’s one of the benefits and drawbacks of working on Kauai.”

A cost control commission analysis last year found that the county spent about $1.3 million for special counsel services and that a two-member litigation team, along with a clerk, would have saved the county about $350,000 to $375,000.

Councilman Mel Rapozo questioned how one position will be able to achieve significant savings. “I do not see how one attorney is going to change the dynamics of your office right now,” he told County Attorney Al Castillo at a recent budget hearing. “That’s just the reality of it — I don’t care who you hire.”

Mayor Bernard Carvalho Jr. said he supports creating a litigation team but suggested it be rolled out incrementally by creating one fully funded position in the 2014-15 fiscal year, with a second position filled during the next fiscal year.

Castillo also said it’s important to take “baby steps” and work within budget constraints. “One attorney alone makes a really big difference,” he said.