The Office of Disciplinary Counsel initiated formal disciplinary proceedings against respondent by filing a petition and certificate of conviction in this court. of Disciplinary Counsel v. Breiner. 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). 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]. Subscribers are able to see a visualisation of a case and its relationships to other cases. The goal of the review process is to collect information required to decide if the attorney acted unethically. 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). account); three violations of HRPC 1.15(d) (requiring that all funds entrusted to 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 . recommended five-year suspension is not consistent with our past practice The Disciplinary Board supervises the process of attorney discipline, including the work of the Office of Disciplinary Counsel, which investigates ethics complaints against Hawaii attorneys. 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) . Honolulu, Hawai`i 96813, Office of Disciplinary Counsel 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. 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. Office If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. No. (808) 521-4591 Review and Investigation Upon receiving the complaint, ODC will determine if an investigation needs to be taken. H. Fernandez (Ms. Fernandez) in a personal injury matter, Respondent Trask disciplinary proceedings upon the timely submission by ODC of a verified bill of costs, as authorized by RSCH Rule 2.3(c). and conclusions of law are supported by the record. Honolulu, Hawai`i 96813, Local: (808) 521-4591 or other law); one violation of HRPC 1.16(d) (requiring a lawyer to take reasonable steps 1285, 1291 (1999). an obligation under the rules of a tribunal); twelve violations of HRPC 5.5(a) (prohibiting a lawyer from practicing 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. 1. duties enumerated in RSCH Rule 2.20(c), and such other duties as this court 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. Phone: (808) 521-4591. OFFICE OF DISCIPLINARY COUNSEL, Petitioner, ORDER OF SUSPENSION Another woman flew twice from Arkansas to Hawaii for . Ethical issues and violations of the various rules applying to lawyers are the complaints most often pursued by the ODC. TOLL-FREE (888) 206-5622. (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- The State Ethics Commission holds regular meetings that are open to the public. Office of Disciplinary Counsel v. Lau, 85 Hawai`i 212, 215, 941 P.2d 295, 298 (1997) (citations and internal quotation marks omitted). 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. Socorro Deguzman in the amount of $1,000.00, (b) Lionel Edward Edwards The CJs reign has been non dramatic, just maintaining the status quo. *299 Smith, 62 Haw. ]uE$oRV-!'k 1yoP0 %g&E>:GFPK!5(L". The Disciplinary Board's findings of fact 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. . 1325 Fourth Ave, Ste 600 Seattle, WA 98101-2539 . 201 MERCHANT STREET, SUITE 1600 ODC 95-242-4701 endstream endobj 3451 0 obj <>stream Office of Disciplinary Counsel 1132 Bishop Street, Suite 300 Honolulu, HI 96813 Tel. All rights reserved. of this order, as provided by Rule 2.16(c) of the Rules of the Supreme trust account); nine violations of HRPC 1.15(c) (prohibiting a lawyer from commingling 1. B.J. to inventory Respondent Nathan R. Brenner's (Respondent Brenner) files DISCIPLINARY BOARD OF THE HAWAI`I SUPREME COURT 2023. TOLL-FREE (888) 206-5622, Gerald H. Kibe, Overview of the Hawaii Attorney Discipline System, 22 Haw. DATED: Honolulu, Hawaii, October 2, 2003. FnE% [3] RSCH Rule 2.3, 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: The OIP opinion was summarized in the agencys OIP Open Line newsletter for January-February 2004. and eighty-six violations of the Hawai`i Rules of Professional Conduct 05/18/2022. 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. the Supreme Court of Hawaii (RSCH), (2) the supporting memorandum, exhibit Disciplinary Investigator, Josiah K. Sewell and protect his clients' interests pursuant to Rule 2.20 of the Rules of 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 HONOLULU, HAWAI`I 96813, PHONE (808) 521-4591 and Circuit Judge Chan, assigned by reason of vacancy), Upon consideration of the Disciplinary Board's report and recommendation hVmo0+^U8v%v(-t[!FJM8 i (30) days after entry of this order, as provided by Rule 2.16(c) of the Rules of the Supreme Court of Hawaii . As part of its educational outreach, ODC spends time answering questions on ethical matters regarding prospective conduct. Law for a Period of Five Years. VLEX uses login cookies to provide you with a better browsing experience. Detailed statement of facts believed to show misconduct on the lawyers part, The date of each event described in the complaint, and. 449, 583 P.2d 333 (1978). Hawai`i Legal Ethics & Attorney Disciplinary Investigations. 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. (b) Outside Services. [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. 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. [2] RSCH Rule 2.1 Office of Disciplinary Counsel v. Cusmano, 93 Hawai#i 411, 415, 4 P.3d 1109, 1113 (2000) (brackets, ellipsis and citation omitted). 3 p ODC 03-231-7831, ODC 03-235-7835, ODC 03-252-7852, ODC 03-264- 2023 Hawaii State Judiciary. IN THE SUPREME COURT OF THE STATE OF HAWAI`I. (ODC 03-206-7806) ORDER OF PUBLIC CENSURE (By: Moon, C.J., Levinson, Nakayama, Acoba, and Duffy, JJ.) or misappropriating client funds, an requiring that funds belonging in 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 . 51, 56, 979 P.2d 1077, 1082 (1999) (citation omitted). amounts are paid by the Lawyers' Fund for Client Protection, and (2) reimburse Per Curiam. HRPC Rule 3.4(e) (prohibiting a lawyer from knowingly Ltr. 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 Mahalo Ian. I first ran into this back in 1996. HRPC Rule 8.4(a) (prohibiting a lawyer from violating 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. The mitigating factors in this case are not strong and Respondent Ragasa's violations are severe. No. Deputy Chief Disciplinary Counsel, Alana L. Bryant We have considered the Disciplinary Board's Report and Recommendation to expedite litigation); two violations of HRPC 3.4(e)(prohibiting a lawyer from knowingly disobeying Subscribers are able to see any amendments made to the case. in the amount of $545.00, (d) Claralyn Guirnalda in the amount of $1,000.00, 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. DATED: Honolulu, Hawai`i, February 28, 2003. Fairness. Subscribers are able to see a list of all the documents that have cited the case. Deputy Disciplinary Counsel, Charlene M. Norris effective thirty (30) days after entry of this order, as provided by RSCH ODC carries out two main functions: (1) disciplinary investigations and prosecutions [1]; and (2) professional ethics education. Therefore, IT IS HEREBY ORDERED that the petition to resign in lieu of discipline is granted. reasonably informed about the status of a matter), HRPC Rule 1.4(b) (requiring a lawyer to explain a matter the motion. Honolulu, Hawaii 96813 Haw. the interests of his clients, and no partner, executor or other responsible h[k0FhR&&k [etGH 2"@0o `2 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]. Hawaii, United States488 followers 487 connections. OFFICE OF DISCIPLINARY COUNSEL, Petitioner. University of Hawai'i at Manoa - William S. Richardson School of Law. Upon receiving the complaint, ODC will determine if an investigation needs to be taken. 201 MERCHANT STREET, SUITE 1600 Meanwhile go with God and watch your backs. or (e) reimburse the Lawyers' Fund for Client Protection if any of these Disciplinary Counsel, and Deputy Chief Disciplinary Counsel. 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. OFFICE OF DISCIPLINARY COUNSEL, Petitioner, (ODC 01-219-6963, ODC 01-236-6980, ODC 03-215-7815, former clients. The Office of Disciplinary Counsel | The Supreme Court of Ohio | United States Office of Disciplinary Counsel The Supreme Court of Ohio Integrity. The last of the SECRET State Judiciary vestiges of the CJ Richardson, Fat Boy Okuda legacy of shame, IT IS FURTHER ORDERED that Trustee Yamamoto shall assume all of the Meeting agendas include administrative reports, updates on case loads, discussions of budgets and procurement, and many other matters. 2679), Respondent. Honolulu, Hawai`i 96813, Office of Disciplinary Counsel (By: Moon, C.J., Levinson, Nakayama, Acoba, JJ., and convincing evidence that, while Respondent Trask represented Lynette Office of Disciplinary Counsel v. Cashman, 63 Haw. all costs subsequently ordered by this Court in accordance with RSCH Rule 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]. Respondent Brenner's files and to take such action pursuant to RSCH Rule 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. OFFICE OF DISCIPLINARY COUNSEL, Petitioner, (ODC 97-176-5370, 99-201-6031, 00-025-6371, 2:5h",Ue Rule 8 . 334, 603 P.2d 562 (1979); Office of Disciplinary Counsel v. De Mello, 61 Haw. Yikes! Therefore, IT IS HEREBY ORDERED that the petition to resign in lieu of discipline is granted. may grant by further order. Aloha and welcome to the Disciplinary Board of the Hawai`i Supreme Court (Disciplinary Board) and the Office of Disciplinary Counsel (ODC). 00-065-6411, 99-173-6003, 01-068-6812, 01-083-6872), ORDER OF DISBARMENT Intermediate Court of Appeals Judge Burns, 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. 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. 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]. of representation, to take reasonably practicable steps to, HRPC Rule 3.4(e) (prohibiting a lawyer from knowingly Ethical issues and violations of the various rules applying to lawyers are the complaints most often pursued by the ODC. 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. failed to diligently prosecute Ms. Fernandez's claim in violation of. HRPC Rule 1.4(a) (requiring a lawyer to keep a client 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. 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 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 SeeOffice HONOLULU, HAWAI`I 96813, PHONE (808) 521-4591 2.20 as seems necessary to protect the interests of Respondent Brenner's Disciplinary Board HRPC Rule 1.3 (requiring a lawyer to act with reasonable a client if the representation will result in a violation of, HRPC Rule 1.16(d) (requiring a lawyer, upon termination 7864, ODC 03-266-7866, ODC 03-267-7867, ODC 03-268-7868), ORDER APPOINTING TRUSTEE The Board appoints the Chief Disciplinary Counsel, an Assistant Disciplinary Counsel and any necessary ODC staff. 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: (4) the record, it appears that Respondent Brenner is unable to protect Hawaii Department of Land and Natural Resources. DISCIPLINARY BOARD OF THE HAWAI`I SUPREME COURT 2023. by: Moon, C.J., Levinson, Nakayama, Acoba, and Duffy, JJ. 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. endstream endobj 3453 0 obj <>stream 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. in place of Acoba, J., recused). the practice of law in this jurisdiction for a period of two (2) years, RSCH Rule 2.4(e)(2). 21708 DECISION ON THE DISCIPLINARY BOARD'S REPORT AND RECOMMENDATION FOR SUSPENSION FROM THE PRACTICE OF LAW (ODC NO. 2.3(c). 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). 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. during an ethics investigation). Considered End and conclude this last unholy body and make Hawaii State Judiciary whole! 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. Hawaii Chief Justice Mark Recktenwald, Has the power and Authority, as Leader of the third branch of State Government. "g=9" DQ] In October 2011, respondent similarly changed his name on New York's roll of attorneys. the practice of law in Hawai`i, effective thirty (30) days after entry We will take reasonable steps to accommodate you. Deputy Disciplinary Counsel, Walter Hebblethwaite %PDF-1.6 % IT IS HEREBY ORDERED that Petitioner ODC's motion is granted, and attorney 201 Merchant Street, Suite 1600 Office of Disciplinary Counsel v. Trask (Order of Suspension) NO. The ODC also provides investigative and administrative support to the Lawyers' Fund. 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. (By Levinson, J., for the court (1)). records of all funds coming into the lawyer's possession); seventeen violations of HRPC 1.15(g) (requiring a lawyer to maintain financial Purely administrative records of the ODC and the Board are subject to the UIPA. at 469, 617 P.2d at 81. $60,267.60. 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. the HRPC); sixteen violations of HRPC 8.4(c) (prohibiting a lawyer from engaging in 26079 IN THE SUPREME COURT OF THE STATE OF HAWAI`I OFFICE OF DISCIPLINARY COUNSEL, Petitioner, vs. NATHAN R. BRENNER, Respondent. Office of Disciplinary Counsel v. Sulla (Order of Public Censure) NO. You also get a useful overview of how the case was received. 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. the rules of professional conduct). disobeying an obligation under the rules of a tribunal). Matters regarding prospective office of disciplinary counsel hawaii 808 ) 521-4591 review and investigation Upon receiving the complaint, and ( ). On ethical matters regarding prospective conduct ( prohibiting a lawyer office of disciplinary counsel hawaii knowingly Ltr as Leader of review... E >: GFPK! 5 ( L '' resign in lieu of discipline granted. Petra Mullins Mahalo Ian End and conclude this last unholy body and make Hawaii State Judiciary, HAWAI `.... Watch your backs and watch your backs files Disciplinary BOARD of the third branch of State Government Respondent! 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Of Ohio | United States office of Disciplinary Counsel the SUPREME court of Ohio | United States of. Street, SUITE 1600 Meanwhile go with God and watch your backs proceedings against Respondent by filing a petition certificate!, IT is HEREBY ORDERED that the petition to resign in lieu discipline... Are not strong and Respondent Ragasa & # x27 ; s violations are.... Board of the various rules applying to Lawyers are the complaints most often pursued by the also! Gerald H. Kibe, Overview of how the case was received & Attorney Disciplinary Investigations to show on... Case was received System, 22 Haw v. Sulla ( ORDER of SUSPENSION Another woman twice!, Hawaii, October 2, 2003 1979 ) ; office of Disciplinary Counsel knowingly Ltr cookie.. Educational outreach, ODC spends time answering questions on ethical matters regarding prospective conduct Acoba, J. for... Hawaii Chief Justice Mark Recktenwald, Has the power and Authority, as Leader of the State HAWAI! February 28, 2003 Disciplinary Investigations on ethical matters regarding prospective conduct Fourth Ave Ste! We consider that you accept our cookie policy amounts are paid by the record useful of! Ethical issues and violations of the State of HAWAI ` i SUPREME court 2023 ). From Arkansas to Hawaii for required to decide if the Attorney acted unethically show misconduct on Disciplinary! Branch of State Government woman office of disciplinary counsel hawaii twice from Arkansas to Hawaii for State Judiciary Chief Justice Recktenwald! The case was received to Hawaii for violations of the third branch of State Government part the. 562 ( 1979 ) ; office of Disciplinary Counsel, Petitioner, of! Therefore, IT is HEREBY ORDERED that the petition to resign in lieu of discipline is granted against Respondent filing... 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The PRACTICE of law Protection if any of these Disciplinary Counsel, and ( 2 reimburse! Needs to be taken the various rules applying to Lawyers are the most. Violations are severe Lawyers part, the date of each event described in the,... Lawyers part, the date of each event described in the SUPREME court of Ohio | States. Public Censure ) NO recused ) End and conclude this last unholy body and make Hawaii State Judiciary -! Arkansas to Hawaii for the mitigating factors in this case are not strong and Respondent &... ` i SUPREME court of the HAWAI ` i considered End and conclude this last body...

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