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Committee approves $200,000 cap for special counsel defending Maui County firefighter in wrongful-death suit
Summary
The committee authorized increasing the compensation cap for ESNA Incorporated to $200,000 to continue defending Captain Scott Martin in litigation brought by the estate of Trey Evans Dumuran; vote was unanimous 9-0.
The Government Relations, Ethics and Transparency Committee on March 18 recommended adoption of Resolution 25-52, authorizing an increase in the compensation cap for special counsel ESNA Incorporated to $200,000 to continue representation of Captain Scott Martin in litigation filed by Chelsea Evans, personal representative of the estate of Trey Evans Dumuran. The committee approved the measure 9-0.
Deputy Corporation Counsel Glenn Pasquale told the committee the requested increase would cover anticipated time and expense through pretrial work and trial preparation, including discovery, depositions, expert witnesses and court hearings. "This increase is requested in anticipation of the increased time and expenses that will be incurred in litigating and defending Scott Martin to trial," Pasquale said. He added that a scheduling conference is set for May 14, 2025, at which a trial date is expected to be set.
Why it matters: Under Hawaii law the county has a duty to provide legal representation to firefighters sued for actions within the scope of their duties; the committee was voting on how much to authorize for outside counsel's work in defense of the county employee.
Questions from members focused on fees and case uncertainty. Vice Chair Tamara Paulton asked whether attorney fees could be shifted to the other party; Pasquale said it is possible in some civil cases but "it's too early in the process to determine whether the attorney fees of the other party or of one party or the other will be recoverable." Members also asked whether the county had discretion over which outside firms to retain; Pasquale said questions about selection of counsel could touch on confidential deliberations and could be handled in executive session if needed.
Vote and next steps
- The motion to adopt Resolution 25-52 was made by Council member Tom Cook and seconded by Council member Yukile Sugimura; the committee approved the authorization 9-0. The resolution will proceed to the full council for final consideration.
