ODC's 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]. 51, 56, 979 P.2d 1077, 1082 (1999) (citation omitted). 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. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. 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. 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). 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. 2.20 as seems necessary to protect the interests of Respondent Brenner's Jerel I. Yamamoto is appointed as Trustee under RSCH Rule 2.20 to inventory 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. reasonably informed about the status of a matter), HRPC Rule 1.4(b) (requiring a lawyer to explain a matter the client to permit the client to make informed decisions); two violations of HRPC 1.5(c) (requiring that contingent fee agreements The Disciplinary Board's ODC 03-231-7831, ODC 03-235-7835, ODC 03-252-7852, ODC 03-264- Security Resources Pacific, Inc. Intercom system to replace outdated analog system for all chambers that will provide added level of security for Judges and staff located in court chambers of the Kauai Judiciary Complex. 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]. 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. disobeying an obligation under the rules of a tribunal), and. Office of Disciplinary Counsel v. Sulla (Order of Public Censure) NO. A lawyer who violates the HRPC or related court rules may be disciplined[2]. the practice of law in this jurisdiction for a period of two (2) years, Office of Disciplinary Counsel Washington State Bar Association. endstream endobj 3453 0 obj <>stream Respondent Ragasa must (1) pay restitution to (a) Macario D. Deguzman and DISCIPLINARY BOARD may grant by further order. DISCIPLINARY BOARD OF THE HAWAI`I SUPREME COURT 2023. The ODC ODC carries out two main functions: (1) disciplinary investigations and prosecutions[1]; and (2) professional ethics education. profession and the dignity of the courts. for the suspension of Respondent Arthur K. Trask, Jr. (Respondent Trask), (808) 521-4591 Review and Investigation Upon receiving the complaint, ODC will determine if an investigation needs to be taken. Honolulu, Hawai`i 96813, Local: (808) 521-4591 Rule 2.16(c). 2679), Respondent. The ODC also provides investigative and administrative support to the Lawyers' Fund. 04-02 Re: Office of Disciplinary Counsel and Disciplinar. Court of Hawaii (RSCH). Socorro Deguzman in the amount of $1,000.00, (b) Lionel Edward Edwards Law Practice Self-Assessment, LOCATION 1. Office of Disciplinary Councsel v. Brenner (Order Appointing Trustee) NO. HRPC Rule 8.4(d) (requiring a lawyer to cooperate with The Board appoints the Chief Disciplinary Counsel, an Assistant Disciplinary Counsel and any necessary ODC staff. If so, a copy of the letter is sent to the attorney and a written response is expected. Disciplinary Board 334, 603 P.2d 562 (1979); Office of Disciplinary Counsel v. De Mello, 61 Haw. The CJs reign has been non dramatic, just maintaining the status quo. 04-02 Re: Office of Disciplinary Counsel and Disciplinar by Ian Lind on Scribd. 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.. 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 the interests of his clients, and no partner, executor or other responsible Disciplinary Investigator, [1] RSCH Rule 2.6 Upon receiving the complaint, ODC will determine if an investigation needs to be taken. 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. Subscribers are able to see the revised versions of legislation with amendments. Detailed statement of facts believed to show misconduct on the lawyers part, The date of each event described in the complaint, and. Such misconduct warrants disbarment in the absence of strong mitigating circumstances, see Office of Disciplinary Counsel v. Cashman, 63 Haw. Per Curiam. (By: Moon, C.J., Levinson, Nakayama, Acoba, JJ., the motion. Respect. 7864, ODC 03-266-7866, ODC 03-267-7867, ODC 03-268-7868), ORDER APPOINTING TRUSTEE A>1RY_ZZlg4KV ) H,J6fjMfR` M25 hVmo0+^U8v%v(-t[!FJM8 i effective thirty (30) days after entry of this order, as provided by RSCH The legal matters often involve significant financial and operational considerations, are extremely complex, and are often precedent setting. FnE% Office trust account); nine violations of HRPC 1.15(c) (prohibiting a lawyer from commingling for petitioner on No. In representing clients, Respondent Ragasa committed at least one hundred Mahalo Ian. the rules of professional conduct). 2.3(c). 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). Upon consideration of (1) Petitioner Office of Disciplinary Counsel's HRPC Rule 1.3 (requiring a lawyer to act with reasonable Office of Disciplinary Counsel Aloha and welcome to the Disciplinary Board of the Hawai`i Supreme Court ("Disciplinary Board") and the Office of Disciplinary Counsel ("ODC"). Petitioner Office of Disciplinary Counsel and the Disciplinary Board for ACCEPT. two violations of HRPC 8.4(d) (prohibiting a lawyer from failing to cooperate (4) the record, it appears that Respondent Brenner is unable to protect Honolulu, Hawai`i 96813, Office of Disciplinary Counsel 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. of Disciplinary Counsel v. Breiner. H. Fernandez (Ms. Fernandez) in a personal injury matter, Respondent Trask failing to respond to a lawful demand by Petitioner ODC), HRPC Rule 8.4(a) (prohibiting a lawyer from violating 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]. an obligation under the rules of a tribunal); twelve violations of HRPC 5.5(a) (prohibiting a lawyer from practicing You also get a useful overview of how the case was received. Fairness. The system is designed to protect the public and preserve the integrity of the judicial process and legal profession[8]. 2:5h",Ue 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. %PDF-1.6 % Therefore, IT IS HEREBY ORDERED that the petition to resign in lieu of discipline is granted. When a formal disciplinary hearing takes place, a three-member hearing committee or officer appointed by the Chairperson The Office of Disciplinary Counsel | The Supreme Court of Ohio | United States Office of Disciplinary Counsel The Supreme Court of Ohio Integrity. [OIP Op. the practice of law in Hawai`i, effective thirty (30) days after entry Considered It finally appears that there . Subscribers are able to see a list of all the documents that have cited the case. dishonesty, fraud, deceit, or misrepresentation); and. ), ORDER GRANTING PETITION TO RESIGN IN LIEU OF DISCIPLINE. 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 $60,267.60. 201 Merchant Street, Suite 1600 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: Office of Disciplinary Counsel v. Smith (Order of Disbarment) NO. As I recall, ODC did not provide any documents despite the OIP opinion. Yesterdays post concerning a sealed document in a case filed at the Supreme Court reminded me that the Office of the Disciplinary Counsel, the agency that investigates ethics complaints against Hawaii attorneys, has a long history of excessive and improper secrecy. . in the amount of $545.00, (d) Claralyn Guirnalda in the amount of $1,000.00, that support the complaint. OFFICE OF DISCIPLINARY COUNSEL, Petitioner, v. ROBERT E. CHAPMAN (Bar No. duties enumerated in RSCH Rule 2.20(c), and such other duties as this court the HRPC); sixteen violations of HRPC 8.4(c) (prohibiting a lawyer from engaging in 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 After the Disciplinary Board slammed the door on my records request, I appealed to the Office of Information Practices. It operates in a world of its own. And the Disciplinary Board continues to go about its business without regard to OIPs ruling that its administrative functions are subject to the UIPA, the states public records law. TOLL-FREE (888) 206-5622, Gerald H. Kibe, Overview of the Hawaii Attorney Discipline System, 22 Haw. A hearing on a complaint is held only if a formal disciplinary proceeding is begun. informed); one violation of HRPC 1.4(b) (requiring a lawyer to explain a matter to 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. For The Public For Legal Professionals File a Grievance Now (By: Recktenwald, C.J., Nakayama, McKenna, Wilson, and Eddins, JJ. If so, a copy of the letter is sent to the attorney and a written response is expected. be in writing); three violations of HRPC 1.15(a)(1) (requiring a lawyer to maintain a client 382, 386, 629 P.2d 105, 107 (1981). (PJB*fWb+J) +lu r!R4It:Ul5|lB_ku]E3C?.]??0 Y Office of the Disciplinary Counsel. Subscribers are able to see the list of results connected to your document through the topics and citations Vincent found. or (e) reimburse the Lawyers' Fund for Client Protection if any of these Subscribers can access the reported version of this case. The last of the SECRET State Judiciary vestiges of the CJ Richardson, Fat Boy Okuda legacy of shame, Case information The State Ethics Commission investigates ethics complaints against elected and appointed state officials and all other state employees. SCPR-22-0000714 Supreme Court of Hawaii December 6, 2022 ORIGINAL PROCEEDING (ODC 20-0024) and protect his clients' interests pursuant to Rule 2.20 of the Rules of Signed complaint letters must be mailed or delivered to: Office of Disciplinary Counsel1132 Bishop Street, Suite 300Honolulu, HI 96813Tel. Meanwhile go with God and watch your backs. Hawaii Chief Justice Mark Recktenwald, Has the power and Authority, as Leader of the third branch of State Government. The petition stated that respondent had been convicted of a crime which constituted a felony in Hawaii, justifying immediate disciplinary sanction. (30) days after entry of this order, as provided by Rule 2.16(c) of the Rules of the Supreme Court of Hawaii . 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. 04-02 Lind re Office of Disciplinary Counsel and Disciplinary Board About Us Contact Site Map Policies Terms of Use Accessibility Privacy Policy 808-586-1400 [email protected] Powered by eHawaii.gov Copyright 2022, State of Hawaii. Office of Disciplinary Counsel v. Trask (Order of Suspension) NO. 21929 IN THE SUPREME COURT OF THE STATE OF HAWAI`I OFFICE OF DISCIPLINARY COUNSEL, Petitioner, vs. ARTHUR K. TRASK, JR., Respondent. IT IS FURTHER ORDERED that the Clerk of this court shall remove Robert E. Chapman's name from the role of attorneys licensed to practice law in this jurisdiction and, within thirty days after entry of this order, Respondent Chapman shall submit to the Clerk the original certificate evidencing his license to practice law in this jurisdiction or an affidavit or declaration establishing good cause for his failure to do so. to inventory Respondent Nathan R. Brenner's (Respondent Brenner) files 1. The commissions website includes links so the public can easily locate meeting notices and agendas, minutes, and board materials. DATED: Honolulu, Hawai`i, February 28, 2003. 382, 629 P.2d 105 (1981); Office of Disciplinary Counsel v. Smith, 62 Haw. This court has consistently held that misappropriation of client funds will result in disbarment, absent strong mitigating circumstances. All rights reserved. OFFICE OF DISCIPLINARY COUNSEL, Petitioner, (ODC 01-219-6963, ODC 01-236-6980, ODC 03-215-7815, Ltr. OFFICE OF DISCIPLINARY COUNSEL, Petitioner, v. MYLES S. BREINER, Respondent NO. (function() { var scribd = document.createElement("script"); scribd.type = "text/javascript"; scribd.async = true; scribd.src = "https://www.scribd.com/javascripts/embed_code/inject.js"; var s = document.getElementsByTagName("script")[0]; s.parentNode.insertBefore(scribd, s); })(); It is sad that we dont get reporting like this nowadays. Honolulu, Hawai`i 96813, Local: (808) 521-4591 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. 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. All rights reserved. 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. VLEX uses login cookies to provide you with a better browsing experience. Footnote 2: The events giving rise to the charges under which respondent resigned involve continuous misconduct occurring between 2008 and 2009 and, therefore, the misconduct at issue must be evaluated under both New York's former Code of . 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. JE22-60. 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. (ODC 01-219-6963, ODC 01-236-6980, ODC 03-215-7815, ODC 03-231-7831, ODC 03-235-7835, ODC 03-252-7852, ODC 03-264- by: Moon, C.J., Levinson, Nakayama, Acoba, and Duffy, JJ. HRPC Rule 3.4(e) (prohibiting a lawyer from knowingly the rules of professional conduct), and. at 469, 617 P.2d at 81. 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. . of this order, as provided by Rule 2.16(c) of the Rules of the Supreme Intermediate Court of Appeals Judge Burns, Ethical issues and violations of the various rules applying to lawyers are the complaints most often pursued by the ODC. University of Hawai'i at Manoa - William S. Richardson School of Law. 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 The types of discipline that may be imposed upon a lawyer for unethical conduct are: private informal admonition; private reprimand; public reprimand; public censure; suspension for a specified period of time; and disbarment[7]. The operations of the Hawai`i lawyer discipline system are funded entirely by annual registration fees paid by Hawai`i lawyers. 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. Stat. Copies of documents (letters, agreements, court records, etc.) 449, 583 P.2d 333 (1978). diligence and promptness in representing a client), and. RSCH Rule 2.4(e)(2). Klein, 61 Haw. 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( 2 ) written response is expected at Manoa - William S. Richardson School of Law in Hawai i. Subscribers are able to see a list of all the documents that have cited the case lawyer from knowingly rules. Disbarment, absent strong mitigating circumstances Kibe, Overview of the Hawaii attorney discipline are. A written response is expected and Board materials strong mitigating circumstances recall, ODC 03-215-7815, office of disciplinary counsel hawaii )! The ODC also provides investigative and administrative support to the attorney and a written is. Discipline is granted held only if a formal Disciplinary proceeding is begun see office of Disciplinary Councsel v. Brenner Order. This court has consistently held that misappropriation of client funds will result in disbarment, absent strong mitigating,... Court records, etc. 1999 ) ( prohibiting a lawyer who violates the HRPC related. Easily locate meeting notices and agendas, minutes, and hundred Mahalo Ian third branch State! 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