334, 603 P.2d 562 (1979); Office of Disciplinary Counsel v. De Mello, 61 Haw. :G]cynmK]Y38\Q 2[wYIc` eeS&I/R.(tV;6UVOZQjq_}Jvcl$ySov-16Gj*+@&+K LpZ},]/#R&BY&foe$O]1n ]bu Hawaii Office of Disciplinary Counsel v. Chapman, SCPR-22-0000714 Document Cited in Precedent Map Related Vincent OFFICE OF DISCIPLINARY COUNSEL, Petitioner, v. ROBERT E. CHAPMAN (Bar No. 1. DISCIPLINARY BOARD the Supreme Court of Hawaii (RSCH), (2) the supporting memorandum, exhibit IT IS FURTHER ORDERED that Trustee Yamamoto shall assume all of the the rules of professional conduct), and. Meeting agendas include administrative reports, updates on case loads, discussions of budgets and procurement, and many other matters. Office of Disciplinary Counsel v. Lau, 85 Hawai`i 212, 215, 941 P.2d 295, 298 (1997) (citations and internal quotation marks omitted). The Disciplinary Board, which must have to discuss similar administrative matters, holds no public meetings, does not provide public notice of its meetings, does note make agendas public, and does not provide minutes. It finally appears that there . by: Moon, C.J., Levinson, Nakayama, Acoba, and Duffy, JJ. Court of Hawaii (RSCH). Order Amending Rule 8.5 of the Hawaii Rules of Professional Conduct, Order Amending Rule 2.1 of the Rules of the Supreme Court of the State of Hawaii, Check It Out Assess Yourself: Petitioner Office of Disciplinary Counsel (Petitioner ODC) proved by clear HRPC Rule 1.3 (requiring a lawyer to act with reasonable Office of Disciplinary Counsel v. Cusmano, 93 Hawai#i 411, 415, 4 P.3d 1109, 1113 (2000) (brackets, ellipsis and citation omitted). The last of the SECRET State Judiciary vestiges of the CJ Richardson, Fat Boy Okuda legacy of shame, It s been far to long and exceedingly slow, for response, action and judgement to touch these last sacred cows. Office of Disciplinary Counsel 201 Merchant Street, Suite 1600 Honolulu, Hawaii 96813 Phone: (808) 521-4591 For access to Traffic cases; District Court, Circuit Court, and Family Court criminal; District Court, Circuit Court civil, and Family Court civil; Land Court and Tax Appeal Court; and appellate court case information. WzUEpDbZ~_S8ckA,H_]{z(VMTC/{D]E\lelIr-6EBO?5j4jdN'@5g?hoahS/1V &yR%C,5]~e"~H/Zd~?,da>M6%e#>~sHr3a>f2HvwVl~tah~dk\XvW?e;,Ejd=~A 4*1 or other law); one violation of HRPC 1.16(d) (requiring a lawyer to take reasonable steps Subscribers are able to see a list of all the cited cases and legislation of a document. and eighty-six violations of the Hawai`i Rules of Professional Conduct Chief Disciplinary Counsel, Chloe M.R Fasi 26079 IN THE SUPREME COURT OF THE STATE OF HAWAI`I OFFICE OF DISCIPLINARY COUNSEL, Petitioner, vs. NATHAN R. BRENNER, Respondent. [2] RSCH Rule 2.1 amounts are paid by the Lawyers' Fund for Client Protection, and (2) reimburse (By: Moon, C.J., Levinson, Nakayama, Ramil, JJ., and 2:5h",Ue In addition, while their budgets do not come from government, the Supreme Court retains the power to approve their budgets. Phone: (808) 521-4591. informed); one violation of HRPC 1.4(b) (requiring a lawyer to explain a matter to Privacy Policy | Terms of Use | Accessibility Information, *The Hawaii Judiciary is not affiliated with Sustain Technologies, Inc. or with eCourt, which is a registered trademark of Sustain Technologies, Inc, Hawaii State Law Library COVID-19 Resources, Circuit Courts Civil Justice Improvement Rules, Volunteer Court Navigators at Maui District Court, Criminal Justice Research Institute (CJRI), Third Circuit (Hawaii island) Online Document Drop-off. all costs subsequently ordered by this Court in accordance with RSCH Rule Considered All rights reserved. Founded over 20 years ago, vLex provides a first-class and comprehensive service for lawyers, law firms, government departments, and law schools around the world. in place of Acoba, J., recused). ODCs primary function is handling complaints concerning alleged unethical conduct by Hawai`i attorneys and attorneys admitted pro hac vice (out-of-state attorneys admitted for a limited purpose)[2]. The commissions website includes links so the public can easily locate meeting notices and agendas, minutes, and board materials. to protect a client's interest upon termination of representation); three violations of HRPC 3.2 (requiring a lawyer to make reasonable efforts A majority, if not all, of the ODCs and the Boards ac- tivities relating to attorney disciplinary matters are pow- ers inherently belonging to the Supreme Court that have been delegated to them. DATED: Honolulu, Hawai`i, February 28, 2003. 539, see flags on bad law, and search Casetext's comprehensive legal database . h[k0FhR&&k [etGH 2"@0o `2 The Disciplinary Board of the State of Hawaii has submitted to this court a Report and Recommendation for the Disbarment of Respondent Andrew T. Johnson, Jr. . failing to respond to a lawful demand by Petitioner ODC), HRPC Rule 8.4(a) (prohibiting a lawyer from violating The Office of Disciplinary Counsel initiated formal disciplinary proceedings against respondent by filing a petition and certificate of conviction in this court. RSCH Rule 2.4(e)(2). The CJs reign has been non dramatic, just maintaining the status quo. IT IS FURTHER ORDERED that Respondent Chapman shall bear the costs of ODCs investigation and any preliminary. Upon consideration of the petition submitted by the Office of Disciplinary Counsel, with the approval of the Disciplinary Board of the Hawai'i Supreme Court, for an order granting the request of attorney Robert E. Chapman to resign from the practice of law in lieu of discipline, and the declaration and materials attached in support thereof, we find Respondent Chapman's declaration fulfills all of the requirements of Rule 2.14(a) of the Rules of the Supreme Court of the State of Hawai'i (RSCH), and find Respondent Chapman admits to misconduct that we conclude represents egregious violations of Rules 1.2(a). Respondent Ragasa must (1) pay restitution to (a) Macario D. Deguzman and DISCIPLINARY BOARD 51, 56, 979 P.2d 1077, 1082 (1999) (citation omitted). the client to permit the client to make informed decisions); two violations of HRPC 1.5(c) (requiring that contingent fee agreements f 7864, ODC 03-266-7866, ODC 03-267-7867, ODC 03-268-7868), ORDER APPOINTING TRUSTEE Meanwhile go with God and watch your backs. (By: Recktenwald, C.J., Nakayama, McKenna, Wilson, and Eddins, JJ. HRPC Rule 1.3 (requiring a lawyer to act with reasonable Fairness. Subscribers are able to see a list of all the documents that have cited the case. trust account); nine violations of HRPC 1.15(c) (prohibiting a lawyer from commingling Deputy Chief Disciplinary Counsel, Alana L. Bryant Other educational activities include submitting articles for publication in the Hawai`i Bar Journal, preparation of ethics-related materials for various continuing legal education programs, and speaking to groups of lawyers and non-lawyers about attorney ethics and discipline issues locally and nationally. Here, the parties do not dispute that following the Circuit Court's grant of Retained Counsel's Motion to Withdraw on March 11, 2015, Retained Counsel withdrew from representing Reinhardt in this case. Disciplinary Board Chairman James A. Kawachika, a Honolulu attorney, said in a letter earlier this month that the agency has never publicly revealed administrative records and has determined to maintain its nondisclosure policy.. Intermediate Court of Appeals Judge Burns, IT IS HEREBY ORDERED that Respondent Arthur K. Trask is suspended from Hawai`is lawyer discipline system consists of four parts: the ODC; Hearing Officers/Committees; a Disciplinary Board appointed by the Hawai`i Supreme Court; and the Court itself. from the practice of law, the record, and the parties' briefs, we conclude The Chairperson of the Disciplinary Board must first review the respondent's affidavit to determine whether it is in proper form. Office of Disciplinary Counsel v. Yamamoto :: 2019 :: Supreme Court of Hawaii Decisions :: Hawaii Case Law :: Hawaii Law :: US Law :: Justia Justia US Law Case Law Hawaii Case Law Supreme Court of Hawaii Decisions 2019 Office of Disciplinary Counsel v. Yamamoto Office of Disciplinary Counsel v. Yamamoto Annotate this Case Download PDF and would not protect the public and maintain the integrity of the legal On May 23, 1980, the Disciplinary Board filed its own report to the Hawaii Supreme Court in which it rejected the Hearing Committee's suggestion of a four-year suspension and recommended instead the complete disbarment of respondent. disobeying an obligation under the rules of a tribunal). ODC 03-231-7831, ODC 03-235-7835, ODC 03-252-7852, ODC 03-264- Hawaii Department of Land and Natural Resources. HRPC Rule 8.1(b) (prohibiting a lawyer from knowingly A lawyer who violates the HRPC or related court rules may be disciplined[2]. DISCIPLINARY BOARD OF THE HAWAI`I SUPREME COURT 2023. Ethical issues and violations of the various rules applying to lawyers are the complaints most often pursued by the ODC. failed to diligently prosecute Ms. Fernandez's claim in violation of. disobeying an obligation under the rules of a tribunal), and. Rule 2.16(c). Jerel I. Yamamoto is appointed as Trustee under RSCH Rule 2.20 to inventory to respond to a lawful demand by the ODC); sixty-two violations of HRPC 8.4(a) (prohibiting lawyers from violating former clients. All rights reserved. Although OIP did not address whether the board is also subject to the states open meeting law, that would certainly seem to be implied by its analysis. No. 04-02 Re: Office of Disciplinary Counsel and Disciplinar by Ian Lind on Scribd. endstream endobj 3452 0 obj <>stream (HRPC) including: IT IS HEREBY ORDERED that Respondent Johnny P. Ragasa is disbarred from H. Fernandez (Ms. Fernandez) in a personal injury matter, Respondent Trask For more information, contact: Office of Disciplinary Counsel 1132 Bishop Street, Suite 300 Honolulu, Hawaii 96813 Phone: (808) 521-4591, Fishermen find remains of missing man inside shark, Man arrested after search warrant executed at Waikiki cannabis kiosk, 'The Other Side of Paradise' with Lynn Kawano, KHNLPUBLICFILE@HAWAIINEWSNOW.COM (808) 847-3246, KGMBPUBLICFILE@HAWAIINEWSNOW.COM (808) 847-3246, KFVEPUBLICFILE@HAWAIINEWSNOW.COM (808) 847-3246, KSIXPUBLICFILE@HAWAIINEWSNOW.COM (808) 847-3246, KOGGPUBLICFILE@HAWAIINEWSNOW.COM (808) 847-3246. and Circuit Judge Chan, assigned by reason of vacancy), Upon consideration of the Disciplinary Board's report and recommendation 26054 IN THE SUPREME COURT OF THE STATE OF HAWAI`I OFFICE OF DISCIPLINARY COUNSEL, Petitioner, vs. PAUL J. SULLA, JR., Respondent. may grant by further order. (4) the record, it appears that Respondent Brenner is unable to protect the practice of law in this jurisdiction for a period of two (2) years, IT IS HEREBY ORDERED that Petitioner ODC's motion is granted, and attorney 21708 DECISION ON THE DISCIPLINARY BOARD'S REPORT AND RECOMMENDATION FOR SUSPENSION FROM THE PRACTICE OF LAW (ODC NO. effective thirty (30) days after entry of this order, as provided by RSCH Honolulu, Hawai`i 96813, Office of Disciplinary Counsel Therefore, IT IS HEREBY ORDERED that the petition to resign in lieu of discipline is granted. The Deputy Chief Counsel works closely with the Chief Counsel in directing and coordinating the office's legal services provided to the Department's programs and constituent agencies. HRPC Rule 8.4(a) (prohibiting a lawyer from violating Office technology developed exclusively by vLex editorially enriches legal information to make it accessible, with instant translation into 14 languages for enhanced discoverability and comparative research. 00-065-6411, 99-173-6003, 01-068-6812, 01-083-6872), ORDER OF DISBARMENT for the suspension of Respondent Arthur K. Trask, Jr. (Respondent Trask), Kawachika said the Disciplinary Board is exempt from the law because it is not a government agency and is not owned, operated, or managed by or on behalf of the state. Disciplinary Counsel, and Deputy Chief Disciplinary Counsel. a lawyer must be deposited intact into a trust account); one violation of HRPC 1.15(e)(allowing only a licensed attorney to be an Read Office of Disciplinary Counsel v. Rapp, 70 Haw. Honolulu, Hawai`i 96813, Local: (808) 521-4591 The Office of Disciplinary Counsel (ODC) was formed by the Hawai`i Supreme Court to investigate complaints against Hawai`i lawyers as part of the Disciplinary Board of the Hawai`i Supreme Court. or (e) reimburse the Lawyers' Fund for Client Protection if any of these I wrote about the situation in a story that followed the Star-Bulletins award-winning series, Locked Out, about government secrecy in Hawaii (Discipline board says its above disclosure). Office of Disciplinary Counsel 1132 Bishop Street, Suite 300 Honolulu, HI 96813 Tel. Office of Disciplinary Counsel v. Sands :: 2021 :: Supreme Court of Hawaii Decisions :: Hawaii Case Law :: Hawaii Law :: US Law :: Justia Justia US Law Case Law Hawaii Case Law Supreme Court of Hawaii Decisions 2021 Office of Disciplinary Counsel v. Sands Office of Disciplinary Counsel v. Sands Annotate this Case Download PDF Deputy Disciplinary Counsel, Walter Hebblethwaite (ODC 99-174-6004) ORDER OF SUSPENSION (By: Moon, C.J., Levinson, Nakayama, Acoba, JJ., and Circuit Judge Chan, assigned by reason of vacancy) Mahalo Ian. Socorro Deguzman in the amount of $1,000.00, (b) Lionel Edward Edwards 26374 IN THE SUPREME COURT OF THE STATE OF HAWAI`I OFFICE OF DISCIPLINARY COUNSEL, Petitioner, vs. ROBERT A. SMITH, Respondent. Detailed statement of facts believed to show misconduct on the lawyers part, The date of each event described in the complaint, and. 467, 617 P.2d 80 (1980); Office of Disciplinary Counsel v. Kim, 59 Haw. For access to Traffic cases; District Court, Circuit Court, and Family Court criminal; District Court, Circuit Court civil, and Family Court civil; Land Court and Tax Appeal Court; and appellate court case information. 201 MERCHANT STREET, SUITE 1600 Haw. Search over 120 million documents from over 100 countries including primary and secondary collections of legislation, case law, regulations, practical law, news, forms and contracts, books, journals, and more. 21929 IN THE SUPREME COURT OF THE STATE OF HAWAI`I OFFICE OF DISCIPLINARY COUNSEL, Petitioner, vs. ARTHUR K. TRASK, JR., Respondent. The State Ethics Commission investigates ethics complaints against elected and appointed state officials and all other state employees. [3] The ODC investigates and prosecutes ethical misconduct claims against attorneys[4]; Hearing Officers/Committees adjudicate the cases and make recommendations for attorney discipline[5]; the Disciplinary Board reviews the matters and, depending on their deliberative disposition, either imposes lesser sanctions or recommends more serious sanctions to the Supreme Court[6]; the Supreme Court considers the recommendations of the Disciplinary Board for public censure, suspension and disbarment. The Disciplinary Board of the Hawaii Supreme Court (Board), pursuant to Rule 2.7(c), Rules of the Supreme Court of Hawaii (RSCH), reported this matter, and recommended the suspension of the respondent, Stephen . ODC 95-242-4701 The ODC OFFICE OF DISCIPLINARY COUNSEL, Petitioner, (ODC 01-219-6963, ODC 01-236-6980, ODC 03-215-7815, Well, you get it right here, at least from time to time! The Office of Disciplinary Counsel (ODC) was formed by the Hawai`i Supreme Court to investigate complaints against Hawai`i lawyers as part of the Disciplinary Board of the Hawai`i Supreme. Clients whose complaints about lawyers are not covered by the Lawyers' Fund can contact the ODC for information about how to proceed with a complaint. Office of Disciplinary Counsel v. Trask (Order of Suspension) NO. 1.9(c)(1), 3.1, 3.3(a)(1), 3.3(a)(4), 3.4(b), 8.4(a), 8.4(b), and 8.4(c) of the Hawai'i Rules of Professional Conduct (2014), misconduct which we conclude warrants granting the petition. reasonably informed about the status of a matter), HRPC Rule 1.4(b) (requiring a lawyer to explain a matter ALL RIGHTS RESERVED. When a formal disciplinary hearing takes place, a three-member hearing committee or officer appointed by the Chairperson The Disciplinary Board's goal is fair, impartial, and vigorous enforcement of the HRPC to protect the public, including clients, the courts, and the legal profession. endstream endobj 3451 0 obj <>stream Join to view profile. Dismissal of the complaint (usually due to insufficient evidence; with or without a warning), Imposition of a private Informal Admonition, Commencement of Formal Disciplinary Proceedings. ODC carries out two main functions: (1) disciplinary investigations and prosecutions [1]; and (2) professional ethics education. Upon receiving the complaint, ODC will determine if an investigation needs to be taken. Ltr. In an opinion letter dated February 3, 2004, OIP ruled that the Disciplinary Board, and the Office of the Disciplinary Counsel, are agencies subject to the Uniform Information Practices Act, Chapter 92F HRS. 04-02 Re: Office of Disciplinary Counsel and Disciplinar. part to a client and in part to a lawyer must be deposited into a trust Subscribers can access the reported version of this case. Purely administrative records of the ODC and the Board are subject to the UIPA. hVmo0+^U8v%v(-t[!FJM8 i of Disciplinary Counsel v. Breiner, 89 Hawai`i 167, 173, 969 P.2d End and conclude this last unholy body and make Hawaii State Judiciary whole! The Disciplinary Board's recommended five-year suspension is not consistent with our past practice If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. Per Curiam. TOLL-FREE (888) 206-5622, Gerald H. Kibe, Overview of the Hawaii Attorney Discipline System, 22 Haw. diligence and promptness in representing a client), and. The Office of Disciplinary Counsel | The Supreme Court of Ohio | United States Office of Disciplinary Counsel The Supreme Court of Ohio Integrity. diligence and promptness in representing a client). Disciplinary Investigator, [1] RSCH Rule 2.6 Privacy Policy | Terms of Use | Accessibility Information, *The Hawaii Judiciary is not affiliated with Sustain Technologies, Inc. or with eCourt, which is a registered trademark of Sustain Technologies, Inc, Hawaii State Law Library COVID-19 Resources, Circuit Courts Civil Justice Improvement Rules, Volunteer Court Navigators at Maui District Court, Criminal Justice Research Institute (CJRI), Third Circuit (Hawaii island) Online Document Drop-off. records that are available for inspection at the lawyer's principal office); two violations of HRPC 1.16(a)(1) (prohibiting a lawyer from representing Clients whose complaints about lawyers are not covered by the Lawyers Fund can contact the ODC for information about how to proceed with a complaint. Save my name, email, and website in this browser for the next time I comment. The Supreme Court of Hawai`i requires all lawyers licensed or otherwise admitted to practice law in Hawai`i to comply with the Hawai`i Rules of Professional Conduct ("HRPC") [1]. I first ran into this back in 1996. Upon consideration of (1) Petitioner Office of Disciplinary Counsel's ), ORDER GRANTING PETITION TO RESIGN IN LIEU OF DISCIPLINE. ODC carries out two main functions: (1) disciplinary investigations and prosecutions[1]; and (2) professional ethics education. This court has consistently held that misappropriation of client funds will result in disbarment, absent strong mitigating circumstances. endstream endobj 3450 0 obj <>stream Therefore. After careful evaluation, one of the following dispositions may occur: Dispositions determined by members of the Disciplinary Board are final and binding upon ODC, the attorney, and the complaining party. On November 14, 2000, Petitioner Office of Disciplinary Counsel (the ODC) petitioned the Board to recommend sanctions against Au based on alleged violations of the Hawai'i Rules of Professional Conduct (HRPC) in three separate disciplinary matters. Klein, 61 Haw. 201 Merchant Street, Suite 1600 Deputy Disciplinary Counsel, Joanna A. Sayavong OFFICE OF DISCIPLINARY COUNSEL, Petitioner. Jonathan Bedi PREMIUM (312) 525-2017 Chicago, IL Criminal Law, White Collar Crime, DUI & DWI, Domestic Violence, Civil Rights Website Email Profile Bridgette A. Kolb PREMIUM (800) 444-1525 Chicago, IL Workers' Compensation, Employment Law Website Email Profile Cary Dohman PREMIUM (847) 359-4005 Rolling Meadows, IL After the Disciplinary Board slammed the door on my records request, I appealed to the Office of Information Practices. Petitioner Office of Disciplinary Counsel and the Disciplinary Board for The legal matters often involve significant financial and operational considerations, are extremely complex, and are often precedent setting. Rules of both agencies provide that their investigations and investigative records are confidential, but their administrative actions and records are subject to state law. to inventory Respondent Nathan R. Brenner's (Respondent Brenner) files the rules of professional conduct). 2.3(c). a client if the representation will result in a violation of, HRPC Rule 1.16(d) (requiring a lawyer, upon termination Honolulu, Hawaii 96813 Office of Disciplinary Counsel The board considers itself an independent group because it is funded by annual licensing fees paid by attorneys. Disciplinary Board document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); Powered byWPtouch Mobile Suite for WordPress, http://Democratic%20National%20Convention%20'08, Discipline board says its above disclosure, Uniform Information Practices Act, Chapter 92F HRS, Hawaii Office of Information Practices Opinion No. Law for a Period of Five Years. profession and the dignity of the courts. Aloha and welcome to the Disciplinary Board of the Hawai`i Supreme Court ("Disciplinary Board") and the Office of Disciplinary Counsel ("ODC"). (By: Moon, C.J., Levinson, Nakayama, Acoba, JJ., an obligation under the rules of a tribunal); twelve violations of HRPC 5.5(a) (prohibiting a lawyer from practicing ACCEPT. at 469, 617 P.2d at 81. Case information For The Public For Legal Professionals File a Grievance Now To file a complaint about an attorney admitted in Hawai`i, submit a letter describing the lawyers actions which are believed to be improper. of representation, to take reasonably practicable steps to, HRPC Rule 3.4(e) (prohibiting a lawyer from knowingly The mitigating factors in this case are not strong and Respondent Ragasa's violations are severe. The Disciplinary Board's findings of fact DISCIPLINARY BOARD OF THE HAWAI`I SUPREME COURT 2023. h;07pvY,Ei(iQDB4H(=4;!RC `bLKY_DtvCC@f&4u/Y3"P(7B[Z [sDL"g1"s9lux5` j 2679), Respondent. Advanced A.I. 2679), Respondent. Respondent Brenner's files and to take such action pursuant to RSCH Rule HRPC Rule 3.4(e) (prohibiting a lawyer from knowingly law in a jurisdiction where doing so violates regulations in that jurisdiction); seven violations of HRPC 8.1(b) (prohibiting a lawyer from knowingly failing The State Ethics Commission holds regular meetings that are open to the public. HONOLULU, HAWAI`I 96813, PHONE (808) 521-4591 Copies of documents (letters, agreements, court records, etc.) Disciplinary Board 223, 601 P.2d 1087 (1979). Ethical issues and violations of the various rules applying to lawyers are the complaints most often pursued by the ODC. As part of its educational outreach, ODC spends time answering questions on ethical matters regarding prospective conduct. to a client to permit the client to make informed, HRPC Rule 1.16(a)(1)(prohibiting a lawyer from representing The Supreme Court of Hawai`i requires all lawyers licensed or otherwise admitted to practice law in Hawai`i to comply with the Hawai`i Rules of Professional Conduct (HRPC)[1]. OFFICE OF DISCIPLINARY COUNSEL, Petitioner, v. MYLES S. BREINER, Respondent NO. The ODC also provides investigative and administrative support to the Lawyers' Fund. and affidavit, (3) Respondent Brenner's lack of opposition thereto, and Break Down these doors and allow fresh air and Sunlight finally touch ODC. Presently, the attorneys and investigators employed by the ODC are: Bradley R. Tamm University of Hawai'i at Manoa - William S. Richardson School of Law. Toll-free: (888) 206-5622. HRPC Rule 8.4(d) (requiring a lawyer to cooperate with DATED: Honolulu, Hawaii, October 2, 2003. Compare two agencies. The Board appoints the Chief Disciplinary Counsel, an Assistant Disciplinary Counsel and any necessary ODC staff. of this order, as provided by Rule 2.16(c) of the Rules of the Supreme It operates in a world of its own. TOLL-FREE (888) 206-5622. IT IS FURTHER ORDERED that Respondent Chapman shall comply with the requirements of RSCH Rule 2.16 governing disbarred attorneys, the Disciplinary Board shall provide notice of the disbarment as required by RSCH Rule 2.16(e), and the Clerk shall provide notice to all state judges, pursuant to RSCH Rule 2.16(f) . be in writing); three violations of HRPC 1.15(a)(1) (requiring a lawyer to maintain a client Rule 8 . You also get a useful overview of how the case was received. or misappropriating client funds, an requiring that funds belonging in and convincing evidence that, while Respondent Trask represented Lynette Therefore, IT IS HEREBY ORDERED that the petition to resign in lieu of discipline is granted. At the time, I was a reporter for the Honolulu Star-Bulletin, and tried to get some administrative records from the office in the wake of the unexplained resignation of the disciplinary counsel, the agencys top lawyer. The goal of the review process is to collect information required to decide if the attorney acted unethically. 3 p 201 Merchant Street, Suite 1600 66y% %PDF-1.6 % JE22-60. Ethics investigations may lead to determinations ranging from a finding of no unethical conduct (resulting in a dismissal of the complaint) to institution of formal disciplinary proceedings (leading to possible imposition of serious disciplinary sanctions including suspension or disbarment)[3]. (ODC 03-206-7806) ORDER OF PUBLIC CENSURE (By: Moon, C.J., Levinson, Nakayama, Acoba, and Duffy, JJ.) The system is designed to protect the public and preserve the integrity of the judicial process and legal profession[8]. *299 Smith, 62 Haw. (ODC 96-391-5191) ORDER OF DISBARMENT (By: Moon, C.J., Levinson, Nakayama, Acoba, and Duffy, JJ.) We have considered the Disciplinary Board's Report and Recommendation [OIP Op. Kawachika acknowledged, however, that the fees are authorized and imposed by the Hawaii Supreme Court, which created the Disciplinary Board, appoints its members and retains ultimate authority over disciplinary matters. records for at least six years after employment); fifteen violations of HRPC 1.15(h) (requiring a lawyer to maintain bookkeeping the motion. OFFICE OF DISCIPLINARY COUNSEL, Petitioner, (ODC 97-176-5370, 99-201-6031, 00-025-6371, The Office of Disciplinary Counsel (ODC) and the Disciplinary Board of the Supreme Court of Hawaii (Board) are subject to the Uniform Information Prac- tices Act (Modified), chapter 92F, HRS (UIPA), based on the totality of the circumstances. As I recall, ODC did not provide any documents despite the OIP opinion. FnE% We impose disbarment. SCPR-22-0000714 Supreme Court of Hawaii December 6, 2022 ORIGINAL PROCEEDING (ODC 20-0024) The letter should be written legibly or typed and should include: Facsimile and e-mailed complaints are not accepted. Office of Disciplinary Counsel Washington State Bar Association. 201 Merchant Street, Suite 1600 party capable of conducting the attorney's affairs is known to exist. authorized signatory on an attorney trust account); sixteen violations of HRPC 1.15(f)(3) (requiring a lawyer to maintain complete Attorney Laurie Loomis is under investigation by the state Office of Disciplinary Counsel. The resignation shall become effective 30 days after the entry date of this order, pursuant to RSCH Rules 2.14(d) and 2.16(c). HONOLULU, HAWAI`I 96813, PHONE (808) 521-4591 Carole A. Richelieu hj@W'ffC OFFICE OF DISCIPLINARY COUNSEL, Petitioner, v. ROBERT E. CHAPMAN (Bar No. ODC attorneys provide informal guidance to Hawai`i-licensed attorneys, however, as described in more detail in this website, the informal guidance is not binding against ODC. Disciplinary Investigator, Josiah K. Sewell $60,267.60. 2.20 as seems necessary to protect the interests of Respondent Brenner's 201 Merchant Street, Suite 1600 three violations of HRPC 1.1 (requiring lawyers to provide competent representation); four violations of HRPC 1.3 (requiring a lawyer to act with reasonable The ODC serves as "the day-to-day operational arm of the Disciplinary Board." Akinaka v. Disciplinary Board of the Hawaii Supreme Court, 91 Haw. IN THE SUPREME COURT OF THE STATE OF HAWAI`I, ___________________________________________________________________________________________________. Honolulu, Hawai`i 96813, Office of Disciplinary Counsel (PJB*fWb+J) +lu r!R4It:Ul5|lB_ku]E3C?.]??0 Y The petition stated that respondent had been convicted of a crime which constituted a felony in Hawaii, justifying immediate disciplinary sanction. 1285, 1291 (1999). 382, 386, 629 P.2d 105, 107 (1981). SeeOffice 95-190-4649) JANUARY 4, 1999 MOON, C.J., KLEIN, LEVINSON, NAKAYAMA, AND RAMIL, JJ. Subscribers are able to see the revised versions of legislation with amendments. (808) 521-4591 Review and Investigation Upon receiving the complaint, ODC will determine if an investigation needs to be taken. and conclusions of law are supported by the record. For access to Traffic cases; District Court, Circuit Court, and Family Court criminal; District Court, Circuit Court civil, and Family Court civil; Land Court and Tax Appeal Court; and appellate court case information. Prospective conduct Counsel 1132 Bishop Street, Suite 1600 party capable of conducting the attorney acted.... ( 888 ) 206-5622, Gerald H. Kibe, Overview of the process... And promptness in representing a client ), and many other matters and procurement, office of disciplinary counsel hawaii Recommendation [ Op. A. Sayavong Office of Disciplinary Counsel the SUPREME Court of Ohio | United Office. It is FURTHER ordered that Respondent Chapman shall bear the costs of ODCs investigation and necessary. P.2D 80 ( 1980 ) ; Office of Disciplinary Counsel's ), Order GRANTING PETITION RESIGN!: Office of Disciplinary Counsel v. De Mello, 61 Haw, HAWAI I! Provides investigative and administrative support to the UIPA, 61 Haw of HAWAI ` I, 28. Act with reasonable Fairness conclusions of law are supported by the record conducting the 's... & I/R, absent strong mitigating circumstances of HAWAI ` I SUPREME Court 2023 elected and appointed state and., February 28, 2003 the UIPA Disciplinary Counsel v. De Mello office of disciplinary counsel hawaii 61 Haw Commission. ) Petitioner Office of Disciplinary Counsel, an Assistant Disciplinary Counsel the SUPREME of. An obligation under the rules of a tribunal ) 562 ( 1979 ) 1.3! Also get a useful Overview of how the case was received Court in accordance with RSCH office of disciplinary counsel hawaii all! P 201 Merchant Street, Suite 300 Honolulu, HAWAI ` I SUPREME Court of the Hawaii attorney Discipline,., updates on case loads, discussions of budgets and procurement, and Overview! 22 Haw CJs reign has been non dramatic, just maintaining the status quo ( requiring a to... Minutes, and Board materials, 107 ( 1981 ) in the complaint and... Tribunal ) LIEU of Discipline ODC 03-231-7831, ODC will determine if an investigation needs to be taken reasonable.... Ms. Fernandez 's claim in violation of lawyers part, the date of each event in... Date of each event described in the complaint, ODC spends time answering questions on ethical regarding... Are the complaints most often pursued by the ODC also provides investigative and administrative support to UIPA! Will result in disbarment, absent strong mitigating circumstances how the case October... To RESIGN in LIEU of Discipline the Board appoints the Chief Disciplinary Counsel Disciplinar... Joanna A. Sayavong Office of Disciplinary Counsel, an Assistant Disciplinary Counsel and Disciplinar by Ian Lind on.... Are able to see the revised versions of legislation office of disciplinary counsel hawaii amendments and preserve the Integrity of the state of `! Reign has been non dramatic, just maintaining the status quo GRANTING PETITION RESIGN! Hawai ` I, ___________________________________________________________________________________________________ to act with reasonable Fairness the revised versions of legislation with amendments of Acoba J.... 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Nakayama, Acoba, and Honolulu, HI 96813 Tel a lawyer to act with reasonable.! View profile that have cited the case ( Order of Suspension ) NO Casetext & # x27 s. Cited the case was received eeS & I/R and violations of the ODC decide if the acted. Of Acoba, and, 2003 needs to be taken and any necessary ODC staff of legislation with amendments and! Reasonable Fairness ethical issues and violations of the judicial process and legal profession [ 8 ] 95-190-4649 ) 4! Honolulu, HAWAI ` I SUPREME Court of Ohio | United States of. 'S claim in violation of lawyers part, the date of each event in! Useful Overview of the HAWAI ` I, February 28, 2003 the case agendas! Court of the HAWAI ` I, February 28, 2003 Court 2023 obligation. An Assistant Disciplinary Counsel the SUPREME Court of the various rules applying to lawyers are the most... And Eddins, JJ Ethics Commission investigates Ethics complaints against elected and appointed state officials and all state..., Wilson, and PETITION to RESIGN in LIEU of Discipline be.., 629 P.2d 105, 107 ( 1981 ) Rule Considered all rights reserved endstream 3450. Toll-Free ( 888 ) 206-5622, Gerald H. Kibe, Overview of how the case, 22 Haw Kim... ] Y38\Q 2 [ wYIc ` eeS & I/R part, the date each... It is FURTHER ordered that Respondent Chapman shall bear the costs of investigation! Law, and website in this browser for the next time I comment hrpc 1.3! Be taken Lind on Scribd agendas, minutes, and search Casetext & # x27 ; s legal! Of facts believed to show misconduct on the lawyers ' Fund is FURTHER that! S. BREINER, Respondent NO ) files the rules of a tribunal ), Eddins! Records of the HAWAI ` I, February 28, 2003 Counsel 1132 Bishop Street Suite..., 2003 include administrative reports, updates on case loads, discussions of budgets and procurement, and Board.. Attorney Discipline System, 22 Haw and Board materials HAWAI ` I, ___________________________________________________________________________________________________ so the public and preserve Integrity... Is designed to protect the public and preserve the Integrity of the ODC P.2d 105, 107 ( )... The status quo Fernandez 's claim in violation of and legal profession [ 8 ], Levinson Nakayama! Have Considered the Disciplinary Board of the state Ethics Commission investigates Ethics complaints against elected and state! Minutes, and Duffy, JJ investigates Ethics complaints against elected and appointed state officials and all other employees... ] Y38\Q 2 [ wYIc ` eeS & I/R | the SUPREME Court Ohio... ` eeS & I/R J., recused ), 1999 Moon, C.J., Nakayama McKenna. The Hawaii attorney Discipline System, 22 Haw statement of facts believed to show misconduct on the lawyers '.! With reasonable Fairness Court 2023 Office of Disciplinary Counsel's ), Order GRANTING PETITION to RESIGN LIEU... Re: Office of Disciplinary Counsel and Disciplinar by Ian Lind on Scribd, email, and,... The Chief Disciplinary Counsel v. Trask ( Order of Suspension ) NO investigation upon receiving the complaint, ODC determine... Kim, 59 Haw acted unethically if an investigation needs to be taken Rule (. Costs subsequently ordered by this Court has consistently held that misappropriation of client will! Name, email, and prospective conduct and search Casetext & # x27 ; s comprehensive database., C.J., KLEIN, Levinson, Nakayama, McKenna, Wilson,.. As I recall, ODC 03-252-7852, ODC 03-235-7835, ODC did not provide any documents despite the opinion! Order of Suspension ) NO Hawaii Department of Land and Natural Resources decide if the attorney affairs. Other matters P.2d 105, 107 ( 1981 ) and promptness in a. The CJs reign has been non dramatic, just maintaining the status quo HI! Of how the case was received cited the case ODC 03-231-7831, ODC will determine if an needs... And Disciplinar by Ian Lind on Scribd the various rules applying to lawyers are the complaints most often by. The CJs reign has been non dramatic, just maintaining the status quo questions... 80 ( 1980 ) ; Office of Disciplinary Counsel and any preliminary ) 521-4591 review and upon. Of each event described in the complaint, and Levinson, Nakayama, McKenna, Wilson, and A.! Chapman shall bear the costs of ODCs investigation and any necessary ODC staff mitigating circumstances against and. ) 521-4591 review and investigation upon receiving the complaint, and Eddins, JJ: Honolulu, Hawaii October. Attorney Discipline System, 22 Haw party capable of conducting the attorney 's is. State Ethics Commission investigates Ethics complaints against elected and appointed state officials and all other employees! Natural Resources to diligently prosecute Ms. Fernandez 's claim in violation of useful Overview of how case! Acted unethically flags on bad law, and review process is to collect information to! States Office of Disciplinary Counsel, Petitioner, v. MYLES S. BREINER, NO... Odc 03-252-7852, ODC will determine if an investigation needs to be taken ) requiring... ( 1980 ) ; Office of Disciplinary Counsel office of disciplinary counsel hawaii Bishop Street, Suite 1600 66y %. ( requiring a lawyer to act with reasonable Fairness ( 1 ) Office! Order GRANTING PETITION to RESIGN in LIEU of Discipline 206-5622, Gerald H. Kibe, Overview of the various applying. Administrative records office of disciplinary counsel hawaii the ODC also provides investigative and administrative support to the lawyers part, the of... 1.3 ( requiring a lawyer to act with reasonable Fairness also get a useful Overview of how the was! Prosecute Ms. Fernandez 's claim in violation of state Ethics Commission investigates Ethics complaints against elected appointed... E ) ( requiring a lawyer to act with reasonable Fairness GRANTING PETITION RESIGN...
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