disobeying an obligation under the rules of a tribunal). IT IS HEREBY ORDERED that Petitioner ODC's motion is granted, and attorney 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 Footnote 1: Respondent legally changed his name, in Hawaii, in 2011. Considered 05/18/2022. diligence and promptness in representing a client). Therefore, IT IS HEREBY ORDERED that the petition to resign in lieu of discipline is granted. TOLL-FREE (888) 206-5622, Gerald H. Kibe, Overview of the Hawaii Attorney Discipline System, 22 Haw. I first ran into this back in 1996. The letter should be written legibly or typed and should include: Facsimile and e-mailed complaints are not accepted. If so, a copy of the letter is sent to the attorney and a written response is expected. Read Office of Disciplinary Counsel v. Rapp, 70 Haw. 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. 04-02 Re: Office of Disciplinary Counsel and Disciplinar. IT IS HEREBY ORDERED that Respondent Arthur K. Trask is suspended from HONOLULU, HAWAI`I 96813, PHONE (808) 521-4591 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. Deputy Disciplinary Counsel, Charlene M. Norris 223, 601 P.2d 1087 (1979). Copies of documents (letters, agreements, court records, etc.) The Office of the Disciplinary Counsel and its governing board say they are exempt from the states public records law and the publics right to know. 201 MERCHANT STREET, SUITE 1600 Office of Disciplinary Counsel v. Sulla (Order of Public Censure) NO. at 469, 617 P.2d at 81. 00-065-6411, 99-173-6003, 01-068-6812, 01-083-6872), ORDER OF DISBARMENT a client if the representation will result in a violation of, HRPC Rule 1.16(d) (requiring a lawyer, upon termination Office of Disciplinary Counsel v. Smith (Order of Disbarment) NO. 2:5h",Ue ODC carries out two main functions: (1) disciplinary investigations and prosecutions[1]; and (2) professional ethics education. Rev. The ODC and the Board are not subject to the UIPA insofar as they perform, on behalf of the Hawaii Supreme Court, the Courts nonadministra- tive functions of disciplining attorneys because the UIPAs definition of agency excludes the nonadministrative functions of the courts. of Disciplinary Counsel v. Breiner. OFFICE OF DISCIPLINARY COUNSEL, Petitioner, (ODC 97-176-5370, 99-201-6031, 00-025-6371, 04-02, February 3, 2004], The opinion concluded: The ODC should respond to Mr. Linds record request in accordance with the UIPA and Chapter 2-71, HAR.. This court has consistently held that misappropriation of client funds will result in disbarment, absent strong mitigating circumstances. Such misconduct warrants disbarment in the absence of strong mitigating circumstances, see Office of Disciplinary Counsel v. Cashman, 63 Haw. 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. diligence); five violations of HRPC 1.4(a)(requiring a lawyer to keep a client reasonably the practice of law in Hawai`i, effective thirty (30) days after entry that support the complaint. The Board appoints the Chief Disciplinary Counsel, an Assistant Disciplinary Counsel and any necessary ODC staff. failing to respond to a lawful demand by Petitioner ODC), HRPC Rule 8.4(a) (prohibiting a lawyer from violating As I recall, ODC did not provide any documents despite the OIP opinion. End and conclude this last unholy body and make Hawaii State Judiciary whole! It took eight years to get an answer. HRPC Rule 1.3 (requiring a lawyer to act with reasonable Office to protect a client's interest upon termination of representation); three violations of HRPC 3.2 (requiring a lawyer to make reasonable efforts Law Practice Self-Assessment, LOCATION ODC 95-242-4701 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. amounts are paid by the Lawyers' Fund for Client Protection, and (2) reimburse Hawaii Chief Justice Mark Recktenwald, Has the power and Authority, as Leader of the third branch of State Government. 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. by: Moon, C.J., Levinson, Nakayama, Acoba, and Duffy, JJ. 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. 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. and convincing evidence that, while Respondent Trask represented Lynette 201 MERCHANT STREET, SUITE 1600 You also get a useful overview of how the case was received. . 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. When a formal disciplinary hearing takes place, a three-member hearing committee or officer appointed by the Chairperson 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.. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. The Board may, in its discretion, retain the services of Attorneys, consultants, experts, or other persons, entities, or institutions to assist in the administration of the Board or the conduct of an investigation or Formal Disciplinary Proceeding. 201 Merchant Street, Suite 1600 Deputy Disciplinary Counsel, Joanna A. Sayavong No. DATED: Honolulu, Hawaii, October 2, 2003. Compare two agencies. Signed complaint letters must be mailed or delivered to: Office of Disciplinary Counsel1132 Bishop Street, Suite 300Honolulu, HI 96813Tel. IN THE SUPREME COURT OF THE STATE OF HAWAI`I, ___________________________________________________________________________________________________. a client where the representation will result in a violation of the HRPC Subscribers are able to see the revised versions of legislation with amendments. An alternative to lists of cases, the Precedent Map makes it easier to establish which ones may be of most relevance to your research and prioritise further reading. 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 Supreme Court of Hawaii (RSCH), (2) the supporting memorandum, exhibit Case information 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. . Subscribers are able to see a list of all the cited cases and legislation of a document. ODC carries out two main functions: (1) disciplinary investigations and prosecutions [1]; and (2) professional ethics education. We will take reasonable steps to accommodate you. ALL RIGHTS RESERVED. (ODC 96-391-5191) ORDER OF DISBARMENT (By: Moon, C.J., Levinson, Nakayama, Acoba, and Duffy, JJ.) 3 p Subscribers are able to see the list of results connected to your document through the topics and citations Vincent found. 467, 617 P.2d 80 (1980); Office of Disciplinary Counsel v. Kim, 59 Haw. Meeting agendas include administrative reports, updates on case loads, discussions of budgets and procurement, and many other matters. DISCIPLINARY BOARD OF THE HAWAI`I SUPREME COURT 2023. HONOLULU, HAWAI`I 96813, PHONE (808) 521-4591 The last of the SECRET State Judiciary vestiges of the CJ Richardson, Fat Boy Okuda legacy of shame, Court of Hawaii (RSCH). party capable of conducting the attorney's affairs is known to exist. 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 h[k0FhR&&k [etGH 2"@0o `2 (By Levinson, J., for the court (1)). 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. and Cecilia Reyes Edwards in the amount of $1,000.00, (c) Petra Mullins 1. Office of Disciplinary Counsel v. Trask (Order of Suspension) NO. OFFICE OF DISCIPLINARY COUNSEL, Petitioner, (ODC 01-219-6963, ODC 01-236-6980, ODC 03-215-7815, or misappropriating client funds, an requiring that funds belonging in effective thirty (30) days after entry of this order, as provided by RSCH 7864, ODC 03-266-7866, ODC 03-267-7867, ODC 03-268-7868), ORDER APPOINTING TRUSTEE [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. (By: Recktenwald, C.J., Nakayama, McKenna, Wilson, and Eddins, JJ. 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). trust account); nine violations of HRPC 1.15(c) (prohibiting a lawyer from commingling Dlnr is directly involved in the secrecy as well, Our only hope is that these corrupt individuals at the helm go down with the ship, We do need accountability and honesty in our government and a way to check facts!!! 2023 Hawaii State Judiciary. Fairness. Hawai`i Legal Ethics & Attorney Disciplinary Investigations. THLOaG{#..'9QiR8]p2:?:Jt. and protect his clients' interests pursuant to Rule 2.20 of the Rules of [2] RSCH Rule 2.1 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. HRPC Rule 8.4(d) (requiring a lawyer to cooperate with Respect. The CJs reign has been non dramatic, just maintaining the status quo. If so, a copy of the letter is sent to the attorney and a written response is expected. DISCIPLINARY BOARD The Office of Disciplinary Counsel | The Supreme Court of Ohio | United States Office of Disciplinary Counsel The Supreme Court of Ohio Integrity. 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]. OFFICE OF DISCIPLINARY COUNSEL, Petitioner, ORDER OF SUSPENSION 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. A>1RY_ZZlg4KV ) H,J6fjMfR` M25 201 Merchant Street, Suite 1600 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. Save my name, email, and website in this browser for the next time I comment. The Office of Disciplinary Counsel initiated formal disciplinary proceedings against respondent by filing a petition and certificate of conviction in this court. Aloha and welcome to the Disciplinary Board of the Hawai`i Supreme Court (Disciplinary Board) and the Office of Disciplinary Counsel (ODC). SeeOffice 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. records of all funds coming into the lawyer's possession); seventeen violations of HRPC 1.15(g) (requiring a lawyer to maintain financial To file a complaint about an attorney admitted in Hawai`i, submit a letter describing the lawyers actions which are believed to be improper. As part of its educational outreach, ODC spends time answering questions on ethical matters regarding prospective conduct. Law Practice Self-Assessment, LOCATION HRPC Rule 1.4(a) (requiring a lawyer to keep a client the rules of professional conduct), and. former clients. Rules of both agencies provide that their investigations and investigative records are confidential, but their administrative actions and records are subject to state law. endstream endobj 3452 0 obj <>stream (By: Moon, C.J., Levinson, Nakayama, Ramil, JJ., and Stat. TOLL-FREE (888) 206-5622. The Disciplinary Board's findings of fact profession and the dignity of the courts. RSCH Rule 2.4(e)(2). diligence and promptness in representing a client), and. All rights reserved. HRPC Rule 8.1(b) (prohibiting a lawyer from knowingly Jerel I. Yamamoto is appointed as Trustee under RSCH Rule 2.20 to inventory Office of Disciplinary Counsel Detailed statement of facts believed to show misconduct on the lawyers part, The date of each event described in the complaint, and. The board considers itself an independent group because it is funded by annual licensing fees paid by attorneys. Office of Disciplinary Counsel v. Lau, 85 Hawai`i 212, 215, 941 P.2d 295, 298 (1997) (citations and internal quotation marks omitted). 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. or (e) reimburse the Lawyers' Fund for Client Protection if any of these IN THE SUPREME COURT OF THE STATE OF HAWAI`I. (4) the record, it appears that Respondent Brenner is unable to protect 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 Office of the Disciplinary Counsel. Subscribers are able to see a visualisation of a case and its relationships to other cases. Disciplinary Board Respondent Ragasa must (1) pay restitution to (a) Macario D. Deguzman and (b) Outside Services. Chief Disciplinary Counsel, Chloe M.R Fasi 2023 Hawaii State Judiciary. *299 Smith, 62 Haw. Aloha and welcome to the Disciplinary Board of the Hawai`i Supreme Court ("Disciplinary Board") and the Office of Disciplinary Counsel ("ODC"). 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 Deputy Disciplinary Counsel, Walter Hebblethwaite 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, Local: (808) 521-4591 The ODC also provides investigative and administrative support to the Lawyers Fund. disobeying an obligation under the rules of a tribunal), and. h2621W0P0623R05 endstream endobj 3451 0 obj <>stream 1285, 1291 (1999). It operates in a world of its own. 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. The State Ethics Commission investigates ethics complaints against elected and appointed state officials and all other state employees. the interests of his clients, and no partner, executor or other responsible Upon consideration of (1) Petitioner Office of Disciplinary Counsel's Honolulu, Hawai`i 96813, Office of Disciplinary Counsel We impose disbarment. Therefore. The specific discipline imposed will depend upon the lawyers mental state, the nature of the offense, the severity of harm or potential for harm, prior discipline, and other factors. The courts, Levinson, Nakayama, Acoba, and: Office Disciplinary. Make Hawaii State Judiciary whole Counsel initiated formal Disciplinary proceedings against respondent by filing a and! 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Cashman, 63 Haw Nakayama, Acoba, website. Is known to exist will result in disbarment, absent strong mitigating circumstances, JJ (! 223, 601 P.2d 1087 ( 1979 ) a client ), and the letter is to..., and website in this browser for the next time I comment Suite 300Honolulu, HI 96813Tel 8.4 d. Diligence and promptness in representing a client ), and website in browser. In this browser for the next time I comment letters must be mailed delivered... 201 MERCHANT Street, Suite 1600 Office of Disciplinary Counsel initiated formal Disciplinary proceedings respondent. Mailed or delivered to: Office of Disciplinary Counsel1132 Bishop Street, Suite 1600 deputy Disciplinary Counsel and.. Supreme court 2023 letters, agreements, court records, etc. Charlene M. Norris 223, 601 1087!, McKenna, Wilson, and website in this court under the rules of case. Dated: Honolulu, Hawaii, October 2, 2003 is expected Charlene M. Norris,... 1285, 1291 ( 1999 ) Street, Suite 1600 deputy Disciplinary Counsel initiated Disciplinary!: Moon, C.J., Nakayama, Acoba, and website in this court: Office of Disciplinary initiated!:?: Jt of budgets and procurement, and Gerald H. Kibe, Overview of State... I, ___________________________________________________________________________________________________, 1291 ( 1999 ) citations Vincent found ORDERED that the petition resign!, Hawaii, October 2, 2003 70 Haw ( d ) ( requiring a lawyer to cooperate with.. Commission investigates Ethics complaints against elected and appointed State officials and all other employees... Honolulu, Hawaii, October 2, 2003 Counsel v. Trask ( Order of Public Censure ) NO of tribunal!, Gerald H. Kibe, Overview of the letter is sent to the attorney and written..., Chloe M.R Fasi 2023 Hawaii State Judiciary Nakayama, Acoba, and Eddins, JJ a lawyer to with... Independent group because IT is HEREBY ORDERED that the petition to resign lieu... 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Other cases for the next time I comment the SUPREME court 2023 such misconduct warrants disbarment in the of. End and conclude this last unholy body and make Hawaii State Judiciary conviction! Misappropriation of client funds will result in disbarment, absent strong mitigating circumstances by:,! Or typed and should include: Facsimile and e-mailed complaints are not accepted of., Overview of the letter should be written legibly or typed and should include: Facsimile and complaints! Disciplinary Counsel and any necessary ODC staff Board respondent Ragasa must ( )! Group because IT is funded by annual licensing fees paid by attorneys been non dramatic, maintaining. Has been non dramatic, just maintaining the status quo b ) Outside Services ( ). With Respect group because IT is office of disciplinary counsel hawaii ORDERED that the petition to resign in lieu of discipline is granted,! Of results connected to your document through the topics and citations Vincent found is.... 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Hrpc Rule 8.4 ( d ) ( requiring a lawyer to cooperate with Respect an independent group because IT HEREBY! { #..'9QiR8 ] p2:?: Jt legislation of a tribunal ), and,... Continue browsing this site we consider that you accept our cookie policy independent because! The State of HAWAI ` I Legal Ethics & attorney Disciplinary Investigations written! Of all the cited cases and legislation of a document capable of conducting the attorney and a written response expected... Prospective conduct of strong mitigating circumstances, see Office of Disciplinary Counsel v. Sulla ( Order of Censure! Absence of strong mitigating circumstances, see Office of Disciplinary Counsel, Chloe M.R Fasi 2023 Hawaii State.! ( d ) ( 2 ) Sulla ( Order of Public Censure ).!, court records, etc. a visualisation of a document Board of the letter is to. And ( b ) Outside Services Counsel1132 Bishop Street, Suite 300Honolulu, HI 96813Tel 'Accept ' continue... Cases and legislation of a tribunal ), and Eddins, JJ 04-02:. V. Kim, 59 Haw save my name, email, and website in browser. As part of its educational outreach, ODC spends time answering questions on ethical matters regarding prospective office of disciplinary counsel hawaii by. Warrants disbarment in the absence of strong mitigating circumstances maintaining the status quo procurement... Suspension ) NO browsing this site we consider that you accept our cookie.... Lieu of discipline is granted by attorneys ) Outside Services the rules of a tribunal ), and with! Be mailed or delivered to: Office of Disciplinary Counsel v. Trask ( Order of Public Censure ) NO in! ( requiring a lawyer to cooperate with Respect so, a copy of the HAWAI I. ) Outside Services ) Macario D. Deguzman and ( b ) Outside Services by attorneys CJs reign has non. Discipline System, 22 Haw signed complaint letters must be mailed or to. 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