City & County of Honolulu v. Honolulu Police Comm'n
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The Supreme Court reversed the decisions of the lower courts affirming the ruling of the Honolulu Police Commission that Louis Kealoha, Chief of Police for the Honolulu Police Department (HPD), was entitled to a defense attorney provided by the City and County of Honolulu to defend him against federal criminal charges, holding that Kealoha did not meet his burden of establishing entitlement to representation.
The Commission concluded that four acts alleged in the first superseding indictment against Kealoha entitled Kealoha to representation because they were done in the performance of Kealoha's duty as a police officer, even if the acts were unlawful and regardless of motive. The circuit court and intermediate court of appeals affirmed. The Supreme Court reversed, holding that because nothing in the record indicated that Kealoha was acting to perform his duties as Chief of Police during the conduct at issue, he was not entitled to taxpayer-funded representation.
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