Senate committee backs two-year pilot to fund TRO representation for public employees

The Senate Committee on Labor and Technology on Feb. 13 recommended passage with amendments of SB2567, a measure to create a two-year pilot allowing public employers to file petitions for temporary restraining orders (TROs) and to provide funding to retain private counsel for affected employees.

Committee chair recommended the amendment package after representatives from the Attorney General's office and the Judiciary described a negotiated fix meant to address constitutional and practical concerns. Dave Day, special assistant to the attorney general, said the bill as revised "provides universal coverage, for all state officers and employees of all 3 branches of government, from the judiciary, the legislature, to the executive branch, as well as the counties." He described a fund administered through the Attorney General that would allow public employers to obtain private counsel when harassment tied to an employee's official actions occurs.

Brandon Kimura, administrative director of the courts, said the judiciary retained the option to use its own staff attorneys: "Staff attorneys for the judiciary are authorized to represent the judiciary on behalf of judiciary employees, and the judiciary may also retain counsel using its own funds." He told the committee the measure aims to protect officials and employees from "significant threats and harassment" that arise because of official action.

During questioning, Senator Moriwaki asked whether retired judges would be covered; the AG's office confirmed the draft retains coverage for retired and per-diem judges where harassment relates to the person's official work. Members pressed for clarity on eligibility and distribution criteria; Dave Day said the pilot includes a blanked appropriation while agencies develop a data-driven proposal and that private counsel's ethical obligations would serve as an additional screening mechanism.

The chair's amendment package also included a conflict-avoidance clause barring petitions when petitioner and respondent are employed in the same branch of government, and a liability-protection provision for state employers acting under the pilot. After discussion, the committee adopted the chair's recommendation in a voice vote, with the chair, the vice chair, Senator Ihara, Senator Moriwaki and Senator Fevella recorded as voting aye.

The committee report will include technical amendments and a change of effective date as recommended by the chair. The committee adjourned following the vote.