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OFFICE OF HAWAIIAN AFFAIRS v. KONDO

SCAP-21-0000701.

528 P.3d 243 (2023)

The OFFICE OF HAWAIIAN AFFAIRS and The Board of Trustees of the Office of Hawaiian Affairs, Plaintiffs-Appellees, v. Leslie H. KONDO, in his official capacity as State Auditor, and State of Hawai`i Office of the State Auditor, Defendants-Appellants.

Supreme Court of Hawai`i.

April 5, 2023.

Attorney(s) appearing for the Case

Douglas S. Chin , Honolulu ( Patricia Ohara , Robyn B. Chun , Kukui Claydon on the briefs) for appellants.

Kurt W. Klein ( Robert G. Klein , David A. Robyak , James M. Yuda on the briefs) for appellees.

RECKTENWALD, C.J., NAKAYAMA, McKENNA, AND EDDINS, JJ., AND WILSON, J., ASSIGNED BY REASON OF VACANCY.

In this declaratory action, two constitutionally created state agencies square off over two major laws, Hawai`i Revised Statutes (HRS) § 23-5 (2009 & Supp. 2014) and the attorney-client privilege, codified in HRS Chapter 626.

The Office of the Auditor believes HRS § 23-5 empowers it to receive...

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