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HRS §121-26

Protection from lawsuits for military service actions

This section protects National Guard and militia members from being sued or charged for actions they take while on active state duty. The state's top lawyer must defend them in court if the action seems related to their service. It also protects military court officials from lawsuits over fines or orders they issue.

courtsstate agencies

The statute, as written — Relief from civil or criminal liability

Members of the army or air national guard or the militia ordered into active service of the State by any proper authority shall not be liable, civilly or criminally, for any act or acts done by them in pursuance of duty in such service. The attorney general, the attorney general's deputy, special deputy, or appointee shall defend all actions brought civilly or criminally for acts or omissions against any member of the army, air national guard, or militia which reasonably appear to have occurred during the performance of service under this chapter, or chapter 122, or during a call-up under section 121-30, and reasonably done within the line or performance of duty. No action or proceedings shall be prosecuted or maintained against a member of a military court or an officer or person acting under its authority or reviewing its proceedings, on account of the approval or imposition or collection of a fine or penalty, or the execution of any writ, warrant, execution, process, or mandate of a military court.
Read the official text at capitol.hawaii.gov ↗as published Jan 6, 2026our copy taken Aug 20, 2026

Sections this one refers to

§121-30 When the governor can call the National Guard to active duty

LawTrove is not legal advice. The summary above is a computer-generated restatement — the authoritative text is the official version linked above.