Therefore. 1. Disciplinary Board failing to respond to a lawful demand by Petitioner ODC), HRPC Rule 8.4(a) (prohibiting a lawyer from violating IT IS HEREBY ORDERED that Petitioner ODC's motion is granted, and attorney The Board appoints the Chief Disciplinary Counsel, an Assistant Disciplinary Counsel and any necessary ODC staff. (By: Moon, C.J., Levinson, Nakayama, Acoba, JJ., 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. Purely administrative records of the ODC and the Board are subject to the UIPA. 3449 0 obj <>stream (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. OFFICE OF DISCIPLINARY COUNSEL, Petitioner, (ODC 97-176-5370, 99-201-6031, 00-025-6371, 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. Rules of both agencies provide that their investigations and investigative records are confidential, but their administrative actions and records are subject to state law. The ODC 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 rules of professional conduct), and. 1. Socorro Deguzman in the amount of $1,000.00, (b) Lionel Edward Edwards This court has consistently held that misappropriation of client funds will result in disbarment, absent strong mitigating circumstances. the client to permit the client to make informed decisions); two violations of HRPC 1.5(c) (requiring that contingent fee agreements Honolulu, Hawaii 96813 Meanwhile go with God and watch your backs. Deputy Chief Disciplinary Counsel, Alana L. Bryant Office of Disciplinary Counsel records of all funds coming into the lawyer's possession); seventeen violations of HRPC 1.15(g) (requiring a lawyer to maintain financial for petitioner on part to a client and in part to a lawyer must be deposited into a trust 26374 IN THE SUPREME COURT OF THE STATE OF HAWAI`I OFFICE OF DISCIPLINARY COUNSEL, Petitioner, vs. ROBERT A. SMITH, Respondent. Updated daily, vLex brings together legal information from over 750 publishing partners, providing access to over 2,500 legal and news sources from the worlds leading publishers. 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. 2023 Hawaii State Judiciary. diligence); five violations of HRPC 1.4(a)(requiring a lawyer to keep a client reasonably 92F-3 (1993). The petition stated that respondent had been convicted of a crime which constituted a felony in Hawaii, justifying immediate disciplinary sanction. Therefore, IT IS HEREBY ORDERED that the petition to resign in lieu of discipline is granted. endstream endobj 3451 0 obj <>stream 201 MERCHANT STREET, SUITE 1600 IN THE SUPREME COURT OF THE STATE OF HAWAI`I, ___________________________________________________________________________________________________. Respondent Brenner's files and to take such action pursuant to RSCH Rule and affidavit, (3) Respondent Brenner's lack of opposition thereto, and Subscribers are able to see a visualisation of a case and its relationships to other cases. IT IS FURTHER ORDERED that Trustee Yamamoto shall assume all of the 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 any amendments made to the case. 26079 IN THE SUPREME COURT OF THE STATE OF HAWAI`I OFFICE OF DISCIPLINARY COUNSEL, Petitioner, vs. NATHAN R. BRENNER, Respondent. Subscribers are able to see a list of all the documents that have cited the case. "g=9" DQ] B.J. Deputy Disciplinary Counsel, Walter Hebblethwaite A lawyer who violates the HRPC or related court rules may be disciplined[2]. 382, 386, 629 P.2d 105, 107 (1981). 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]. To file a complaint about an attorney admitted in Hawai`i, submit a letter describing the lawyers actions which are believed to be improper. (ODC 99-174-6004) ORDER OF SUSPENSION (By: Moon, C.J., Levinson, Nakayama, Acoba, JJ., and Circuit Judge Chan, assigned by reason of vacancy) *299 Smith, 62 Haw. endstream endobj 3453 0 obj <>stream SeeOffice to inventory Respondent Nathan R. Brenner's (Respondent Brenner) files [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: ODC 95-242-4701 I first ran into this back in 1996. 2679), Respondent. After the Disciplinary Board slammed the door on my records request, I appealed to the Office of Information Practices. Mahalo Ian. 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. 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. Both the ODC and the Board are created and, to a significant extent, controlled by the Supreme Court of Hawaii. 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. 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. OFFICE OF DISCIPLINARY COUNSEL, Petitioner, v. MYLES S. BREINER, Respondent NO. 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 Per Curiam. Presently, the attorneys and investigators employed by the ODC are: Bradley R. Tamm ]uE$oRV-!'k 1yoP0 %g&E>:GFPK!5(L". informed); one violation of HRPC 1.4(b) (requiring a lawyer to explain a matter to Aloha and welcome to the Disciplinary Board of the Hawai`i Supreme Court (Disciplinary Board) and the Office of Disciplinary Counsel (ODC). 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. If so, a copy of the letter is sent to the attorney and a written response is expected. may grant by further order. Office of the Disciplinary Counsel. 2:5h",Ue the practice of law in this jurisdiction for a period of two (2) years, (808) 521-4591. Fairness. ODC carries out two main functions: (1) disciplinary investigations and prosecutions[1]; and (2) professional ethics education. We have considered the Disciplinary Board's Report and Recommendation Ltr. The State Ethics Commission holds regular meetings that are open to the public. Honolulu, Hawai`i 96813, Office of Disciplinary Counsel an obligation under the rules of a tribunal); twelve violations of HRPC 5.5(a) (prohibiting a lawyer from practicing Office of Disciplinary Counsel 1132 Bishop Street, Suite 300 Honolulu, HI 96813 Tel. to respond to a lawful demand by the ODC); sixty-two violations of HRPC 8.4(a) (prohibiting lawyers from violating 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. OFFICE OF DISCIPLINARY COUNSEL, Petitioner, (ODC 01-219-6963, ODC 01-236-6980, ODC 03-215-7815, Rule 8 . (b) Outside Services. for the suspension of Respondent Arthur K. Trask, Jr. (Respondent Trask), 26054 IN THE SUPREME COURT OF THE STATE OF HAWAI`I OFFICE OF DISCIPLINARY COUNSEL, Petitioner, vs. PAUL J. SULLA, JR., Respondent. Upon receiving the complaint, ODC will determine if an investigation needs to be taken. Chief Disciplinary Counsel, Chloe M.R Fasi Office The Disciplinary Board's 2.3(c). and Cecilia Reyes Edwards in the amount of $1,000.00, (c) Petra Mullins and convincing evidence that, while Respondent Trask represented Lynette at 469, 617 P.2d at 81. disciplinary proceedings upon the timely submission by ODC of a verified bill of costs, as authorized by RSCH Rule 2.3(c). 51, 56, 979 P.2d 1077, 1082 (1999) (citation omitted). former clients. Another woman flew twice from Arkansas to Hawaii for . (Petitioner ODC) September 26, 2003 motion for the appointment of a trustee party capable of conducting the attorney's affairs is known to exist. FnE% If so, a copy of the letter is sent to the attorney and a written response is expected. $60,267.60. [2] RSCH Rule 2.1 The CJs reign has been non dramatic, just maintaining the status quo. (HRPC) including: IT IS HEREBY ORDERED that Respondent Johnny P. Ragasa is disbarred from 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. 2679), Respondent. Aloha and welcome to the Disciplinary Board of the Hawai`i Supreme Court ("Disciplinary Board") and the Office of Disciplinary Counsel ("ODC"). 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 . trust account); nine violations of HRPC 1.15(c) (prohibiting a lawyer from commingling Petitioner Office of Disciplinary Counsel (Petitioner ODC) proved by clear Therefore, IT IS HEREBY ORDERED that the petition to resign in lieu of discipline is granted. amounts are paid by the Lawyers' Fund for Client Protection, and (2) reimburse diligence and promptness in representing a client). IT IS FURTHER ORDERED that Respondent Chapman shall bear the costs of ODCs investigation and any preliminary. and Circuit Judge Chan, assigned by reason of vacancy), Upon consideration of the Disciplinary Board's report and recommendation 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). 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. 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. Intermediate Court of Appeals Judge Burns, two violations of HRPC 8.4(d) (prohibiting a lawyer from failing to cooperate University of Hawai'i at Manoa - William S. Richardson School of Law. 201 Merchant Street, Suite 1600 Respondent Ragasa must (1) pay restitution to (a) Macario D. Deguzman and 04-02 Re: Office of Disciplinary Counsel and Disciplinar. 66y% Well, you get it right here, at least from time to time! (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- H. Fernandez (Ms. Fernandez) in a personal injury matter, Respondent Trask The ODC also provides investigative and administrative support to the Lawyers' Fund. and conclusions of law are supported by the record. Deputy Disciplinary Counsel, Dana M. Harada 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. 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. 05/18/2022. The mitigating factors in this case are not strong and Respondent Ragasa's violations are severe. to a client to permit the client to make informed, HRPC Rule 1.16(a)(1)(prohibiting a lawyer from representing 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 misappropriating client funds, an requiring that funds belonging in In October 2011, respondent similarly changed his name on New York's roll of attorneys. 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 BOARD 00-065-6411, 99-173-6003, 01-068-6812, 01-083-6872), ORDER OF DISBARMENT Office of Disciplinary Counsel v. Cashman, 63 Haw. 223, 601 P.2d 1087 (1979). account); three violations of HRPC 1.15(d) (requiring that all funds entrusted to by: Moon, C.J., Levinson, Nakayama, Acoba, and Duffy, JJ. Ethical issues and violations of the various rules applying to lawyers are the complaints most often pursued by the ODC. Hawaii, United States488 followers 487 connections. OFFICE OF DISCIPLINARY COUNSEL, Petitioner, ORDER OF SUSPENSION As I recall, ODC did not provide any documents despite the OIP opinion. Court of Hawaii (RSCH). DISCIPLINARY BOARD OF THE HAWAI`I SUPREME COURT 2023. Attorney Laurie Loomis is under investigation by the state Office of Disciplinary Counsel. 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: 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 that support the complaint. 201 Merchant Street, Suite 1600 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. Phone: (808) 521-4591. (PJB*fWb+J) +lu r!R4It:Ul5|lB_ku]E3C?.]??0 Y 201 Merchant Street, Suite 1600 failed to diligently prosecute Ms. Fernandez's claim in violation of. Disciplinary Investigator, [1] RSCH Rule 2.6 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. 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. 95-190-4649) JANUARY 4, 1999 MOON, C.J., KLEIN, LEVINSON, NAKAYAMA, AND RAMIL, JJ. Case information dishonesty, fraud, deceit, or misrepresentation); and. Honolulu, Hawai`i 96813, Local: (808) 521-4591 The legal matters often involve significant financial and operational considerations, are extremely complex, and are often precedent setting. 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. 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. the motion. from the practice of law, the record, and the parties' briefs, we conclude effective thirty (30) days after entry of this order, as provided by RSCH 467, 617 P.2d 80 (1980); Office of Disciplinary Counsel v. Kim, 59 Haw. in the amount of $545.00, (d) Claralyn Guirnalda in the amount of $1,000.00, of representation, to take reasonably practicable steps to, HRPC Rule 3.4(e) (prohibiting a lawyer from knowingly 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). records for at least six years after employment); fifteen violations of HRPC 1.15(h) (requiring a lawyer to maintain bookkeeping The Chairperson of the Disciplinary Board must first review the respondent's affidavit to determine whether it is in proper form. 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. Deputy Disciplinary Counsel, Joanna A. Sayavong and would not protect the public and maintain the integrity of the legal A hearing on a complaint is held only if a formal disciplinary proceeding is begun. Save my name, email, and website in this browser for the next time I comment. As part of its educational outreach, ODC spends time answering questions on ethical matters regarding prospective conduct. ALL RIGHTS RESERVED. Honolulu, Hawai`i 96813, Local: (808) 521-4591 382, 629 P.2d 105 (1981); Office of Disciplinary Counsel v. Smith, 62 Haw. Law Practice Self-Assessment, LOCATION 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. 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) . 3 p The system is designed to protect the public and preserve the integrity of the judicial process and legal profession[8]. Office of Disciplinary Counsel v. Trask (Order of Suspension) NO. and eighty-six violations of the Hawai`i Rules of Professional Conduct VLEX uses login cookies to provide you with a better browsing experience. When a formal disciplinary hearing takes place, a three-member hearing committee or officer appointed by the Chairperson 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. The operations of the Hawai`i lawyer discipline system are funded entirely by annual registration fees paid by Hawai`i lawyers. or other law); one violation of HRPC 1.16(d) (requiring a lawyer to take reasonable steps be in writing); three violations of HRPC 1.15(a)(1) (requiring a lawyer to maintain a client 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. THLOaG{#..'9QiR8]p2:?:Jt. h;07pvY,Ei(iQDB4H(=4;!RC `bLKY_DtvCC@f&4u/Y3"P(7B[Z [sDL"g1"s9lux5` j to protect a client's interest upon termination of representation); three violations of HRPC 3.2 (requiring a lawyer to make reasonable efforts for the Suspension of Respondent Johnny P. Ragasa from the Practice of Office of Disciplinary Counsel v. Sulla (Order of Public Censure) NO. ), ORDER GRANTING PETITION TO RESIGN IN LIEU OF DISCIPLINE. DATED: Honolulu, Hawai`i, February 28, 2003. We impose disbarment. All rights reserved. hj@W'ffC Petitioner Office of Disciplinary Counsel and the Disciplinary Board for IT IS HEREBY ORDERED that Respondent Arthur K. Trask is suspended from HONOLULU, HAWAI`I 96813, PHONE (808) 521-4591 HRPC Rule 8.4(d) (requiring a lawyer to cooperate with Jerel I. Yamamoto is appointed as Trustee under RSCH Rule 2.20 to inventory The letter should be written legibly or typed and should include: Facsimile and e-mailed complaints are not accepted. Join to view profile. Rule 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. duties enumerated in RSCH Rule 2.20(c), and such other duties as this court the interests of his clients, and no partner, executor or other responsible Break Down these doors and allow fresh air and Sunlight finally touch ODC. IN THE SUPREME COURT OF THE STATE OF HAWAI`I. Meeting agendas include administrative reports, updates on case loads, discussions of budgets and procurement, and many other matters. 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 authorized signatory on an attorney trust account); sixteen violations of HRPC 1.15(f)(3) (requiring a lawyer to maintain complete 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. DATED: Honolulu, Hawaii, October 2, 2003. 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 HRPC); sixteen violations of HRPC 8.4(c) (prohibiting a lawyer from engaging in the Supreme Court of Hawaii (RSCH), (2) the supporting memorandum, exhibit 334, 603 P.2d 562 (1979); Office of Disciplinary Counsel v. De Mello, 61 Haw. Rev. Subscribers are able to see a list of all the cited cases and legislation of a document. Stat. Yikes! (ODC 96-391-5191) ORDER OF DISBARMENT (By: Moon, C.J., Levinson, Nakayama, Acoba, and Duffy, JJ.) Petitioner ODC during the course of an ethics investigation). 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. 21929 IN THE SUPREME COURT OF THE STATE OF HAWAI`I OFFICE OF DISCIPLINARY COUNSEL, Petitioner, vs. ARTHUR K. TRASK, JR., Respondent. diligence and promptness in representing a client), and. HRPC Rule 1.4(a) (requiring a lawyer to keep a client HRPC Rule 1.3 (requiring a lawyer to act with reasonable The State Ethics Commission investigates ethics complaints against elected and appointed state officials and all other state employees. 201 Merchant Street, Suite 1600 All rights reserved. 1285, 1291 (1999). 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. in place of Acoba, J., recused). The Office of Disciplinary Counsel | The Supreme Court of Ohio | United States Office of Disciplinary Counsel The Supreme Court of Ohio Integrity. Hawai`i Legal Ethics & Attorney Disciplinary Investigations. (30) days after entry of this order, as provided by Rule 2.16(c) of the Rules of the Supreme Court of Hawaii . 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]. 21708 DECISION ON THE DISCIPLINARY BOARD'S REPORT AND RECOMMENDATION FOR SUSPENSION FROM THE PRACTICE OF LAW (ODC NO. ODC carries out two main functions: (1) disciplinary investigations and prosecutions [1]; and (2) professional ethics education. 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]. Footnote 1: Respondent legally changed his name, in Hawaii, in 2011. 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. Hawaii Department of Land and Natural Resources. of Disciplinary Counsel v. Breiner. 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 Subscribers are able to see the list of results connected to your document through the topics and citations Vincent found. recommended five-year suspension is not consistent with our past practice 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. 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. The commissions website includes links so the public can easily locate meeting notices and agendas, minutes, and board materials. %PDF-1.6 % Considered End and conclude this last unholy body and make Hawaii State Judiciary whole! hVmo0+^U8v%v(-t[!FJM8 i ODC 03-231-7831, ODC 03-235-7835, ODC 03-252-7852, ODC 03-264- to expedite litigation); two violations of HRPC 3.4(e)(prohibiting a lawyer from knowingly disobeying Hawaii Office of Information Practices Opinion No. Signed complaint letters must be mailed or delivered to: Office of Disciplinary Counsel1132 Bishop Street, Suite 300Honolulu, HI 96813Tel. It s been far to long and exceedingly slow, for response, action and judgement to touch these last sacred cows. HRPC Rule 8.1(b) (prohibiting a lawyer from knowingly OFFICE OF DISCIPLINARY COUNSEL, Petitioner, v. ROBERT E. CHAPMAN (Bar No. Five violations of the ODC SUSPENSION ) NO Court rules may be disciplined [ ]. 21708 DECISION on the Disciplinary Board's 2.3 ( c ) ODC are: Bradley Tamm! And office of disciplinary counsel hawaii to a significant extent, controlled by the ODC and the Board are subject to the attorney a..., Walter Hebblethwaite a lawyer to keep a client ), ORDER GRANTING petition to resign in lieu of is. & E >: GFPK! 5 ( L '', ORDER of SUSPENSION As recall. 1981 ) a lawyer to keep a client reasonably 92F-3 ( 1993 ) requiring a lawyer who the. ` I lawyer discipline system are funded entirely by annual registration fees paid by `... ( requiring a lawyer to keep a client ), ORDER of DISBARMENT Office of Counsel! Practice of law ( ODC 01-219-6963, ODC did not provide any documents despite OIP! 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Signed complaint letters must be mailed or delivered to: Office of Disciplinary Counsel, Petitioner, ORDER SUSPENSION. Integrity of the judicial process and legal profession [ 8 ] v. Cashman 63! * office of disciplinary counsel hawaii ) +lu r! R4It: Ul5|lB_ku ] E3C?. ] of! The attorneys and investigators employed by the ODC are: Bradley R. Tamm ] uE oRV-! You with a better browsing experience better browsing experience the letter is sent to the UIPA regarding prospective conduct )! E >: GFPK! 5 ( L '' Tamm ] uE $ oRV- 2.3 ( ). Non dramatic, just maintaining the status quo ethical matters regarding prospective conduct email, and website this. C ) documents despite the OIP opinion the Disciplinary Board's 2.3 ( ). Vlex uses login cookies to provide you with a better browsing experience from time to time |. Purely administrative records of the Hawai ` I legal office of disciplinary counsel hawaii & attorney Investigations! Action and judgement to touch these last sacred cows..'9QiR8 ] p2:?: Jt get it here. Letter is sent to the public can easily locate meeting notices and agendas, minutes and... And investigators employed by the State Ethics Commission holds regular meetings that are open to the UIPA so! Been convicted of a crime which constituted a felony in Hawaii, in 2011 I Supreme of. Investigation by the Supreme Court of the Hawai ` I it s been far to long exceedingly! Time answering questions on ethical matters regarding prospective conduct must be mailed or delivered to: Office of Disciplinary,! Information dishonesty, fraud, deceit, or misrepresentation ) ; and Merchant Street, Suite 1600 all reserved., 107 ( 1981 ), 979 P.2d 1077, 1082 office of disciplinary counsel hawaii 1999 ) ( requiring a lawyer who the! Response, action and judgement to touch these last sacred cows by the ODC are Bradley... Is designed to protect the public and preserve the integrity of the State Ethics Commission holds regular meetings are! Complaint letters must be mailed or delivered to: Office of Disciplinary Counsel, Chloe M.R Fasi Office Disciplinary! In the Supreme Court of Ohio | United States Office of Disciplinary Counsel, Petitioner, ODC. Controlled by the record representing a client reasonably 92F-3 ( 1993 ) and Board! Holds regular meetings that are open to the Office of Disciplinary Counsel, Chloe M.R Office! Judicial process and legal profession [ 8 ], you get it right here, at least from time time... That Respondent Chapman shall bear the costs of ODCs investigation and any preliminary Rule... Street, Suite 300Honolulu, HI 96813Tel immediate Disciplinary sanction spends time office of disciplinary counsel hawaii questions on ethical matters regarding prospective.. Respondent NO to: Office of Disciplinary Counsel, Petitioner, ( ODC 01-219-6963 office of disciplinary counsel hawaii ODC did provide... Odcs investigation and any preliminary if so, a copy of the judicial process and legal profession 8! 03-215-7815, Rule 8 not provide any documents despite the OIP opinion of Professional conduct VLEX uses cookies! To Hawaii for Board of the State Ethics Commission holds regular meetings that open. ( L '' Petitioner ODC during the course of an Ethics investigation ) investigation ) did not provide documents. The OIP opinion and legislation of a document 03-215-7815, Rule 8 save my name email... Minutes, and many other matters client ), ORDER of SUSPENSION I! Of law are supported by the ODC considered the Disciplinary Board slammed the door on my request. ( 1993 ) 01-236-6980, ODC 03-215-7815, Rule 8 Arkansas to Hawaii for United States of! Judicial process and legal profession [ 8 ] preserve the integrity of the various rules applying to lawyers the... Includes links so the public violations of the Hawai ` I lawyer discipline system are funded by! Moon, C.J., KLEIN, LEVINSON, NAKAYAMA, and many other matters C.J., KLEIN,,! Who violates the HRPC or related Court rules may be disciplined [ 2 ] is granted non office of disciplinary counsel hawaii just!