26054 IN THE SUPREME COURT OF THE STATE OF HAWAI`I OFFICE OF DISCIPLINARY COUNSEL, Petitioner, vs. PAUL J. SULLA, JR., Respondent. The legal matters often involve significant financial and operational considerations, are extremely complex, and are often precedent setting. Compare two agencies. 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. We impose disbarment. former clients. 201 MERCHANT STREET, SUITE 1600 Subscribers are able to see a list of all the documents that have cited the case. (ODC 99-174-6004) ORDER OF SUSPENSION (By: Moon, C.J., Levinson, Nakayama, Acoba, JJ., and Circuit Judge Chan, assigned by reason of vacancy) The mitigating factors in this case are not strong and Respondent Ragasa's violations are severe. Such misconduct warrants disbarment in the absence of strong mitigating circumstances, see Office of Disciplinary Counsel v. Cashman, 63 Haw. Aloha and welcome to the Disciplinary Board of the Hawai`i Supreme Court ("Disciplinary Board") and the Office of Disciplinary Counsel ("ODC"). the practice of law in this jurisdiction for a period of two (2) years, Copies of documents (letters, agreements, court records, etc.) Office of Disciplinary Councsel v. Brenner (Order Appointing Trustee) NO. Honolulu, Hawai`i 96813, Local: (808) 521-4591 University of Hawai'i at Manoa - William S. Richardson School of Law. Disciplinary Board In addition, while their budgets do not come from government, the Supreme Court retains the power to approve their budgets. It s been far to long and exceedingly slow, for response, action and judgement to touch these last sacred cows. IN THE SUPREME COURT OF THE STATE OF HAWAI`I, ___________________________________________________________________________________________________. Deputy Disciplinary Counsel, Dana M. Harada DISCIPLINARY BOARD OF THE HAWAI`I SUPREME COURT 2023. Disciplinary Board TOLL-FREE (888) 206-5622. Meeting agendas include administrative reports, updates on case loads, discussions of budgets and procurement, and many other matters. DISCIPLINARY BOARD HRPC Rule 8.1(b) (prohibiting a lawyer from knowingly 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. 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. 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]. After the Disciplinary Board slammed the door on my records request, I appealed to the Office of Information Practices. Subscribers can access the reported version of this case. 1. OFFICE OF DISCIPLINARY COUNSEL, Petitioner. *299 Smith, 62 Haw. 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. OFFICE OF DISCIPLINARY COUNSEL, Petitioner, (ODC 01-219-6963, ODC 01-236-6980, ODC 03-215-7815, If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. 05/18/2022. A hearing on a complaint is held only if a formal disciplinary proceeding is begun. f The CJs reign has been non dramatic, just maintaining the status quo. endstream endobj 3452 0 obj <>stream Therefore, IT IS HEREBY ORDERED that the petition to resign in lieu of discipline is granted. Join to view profile. part to a client and in part to a lawyer must be deposited into a trust 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). 2.20 as seems necessary to protect the interests of Respondent Brenner's 2679), Respondent. Considered 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. failing to respond to a lawful demand by Petitioner ODC), HRPC Rule 8.4(a) (prohibiting a lawyer from violating The commissions website includes links so the public can easily locate meeting notices and agendas, minutes, and board materials. HONOLULU, HAWAI`I 96813, PHONE (808) 521-4591 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. HRPC Rule 8.4(a) (prohibiting a lawyer from violating The ODC also provides investigative and administrative support to the Lawyers' Fund. ODC carries out two main functions: (1) disciplinary investigations and prosecutions[1]; and (2) professional ethics education. The system is designed to protect the public and preserve the integrity of the judicial process and legal profession[8]. Footnote 1: Respondent legally changed his name, in Hawaii, in 2011. Aloha and welcome to the Disciplinary Board of the Hawai`i Supreme Court (Disciplinary Board) and the Office of Disciplinary Counsel (ODC). OFFICE OF DISCIPLINARY COUNSEL, Petitioner, (ODC 97-176-5370, 99-201-6031, 00-025-6371, duties enumerated in RSCH Rule 2.20(c), and such other duties as this court 83 (1990). 382, 386, 629 P.2d 105, 107 (1981). A lawyer who violates the HRPC or related court rules may be disciplined[2]. HRPC Rule 1.3 (requiring a lawyer to act with reasonable (Petitioner ODC) September 26, 2003 motion for the appointment of a trustee Case information (By Levinson, J., for the court (1)). [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. (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. Ethical issues and violations of the various rules applying to lawyers are the complaints most often pursued by the ODC. When a formal disciplinary hearing takes place, a three-member hearing committee or officer appointed by the Chairperson 3 p Honolulu, Hawai`i 96813, Office of Disciplinary Counsel 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. 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]. Break Down these doors and allow fresh air and Sunlight finally touch ODC. THLOaG{#..'9QiR8]p2:?:Jt. End and conclude this last unholy body and make Hawaii State Judiciary whole! IN THE SUPREME COURT OF THE STATE OF HAWAI`I. Toll-free: (888) 206-5622. (By: Recktenwald, C.J., Nakayama, McKenna, Wilson, and Eddins, JJ. OFFICE OF DISCIPLINARY COUNSEL, Petitioner, v. MYLES S. BREINER, Respondent NO. in place of Acoba, J., recused). 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 DATED: Honolulu, Hawai`i, February 28, 2003. "g=9" DQ] Petitioner Office of Disciplinary Counsel and the Disciplinary Board for For The Public For Legal Professionals File a Grievance Now (HRPC) including: IT IS HEREBY ORDERED that Respondent Johnny P. Ragasa is disbarred from 201 Merchant Street, Suite 1600 a client if the representation will result in a violation of, HRPC Rule 1.16(d) (requiring a lawyer, upon termination IN THE SUPREME COURT OF THE STATE OF HAWAI`I. The State Ethics Commission investigates ethics complaints against elected and appointed state officials and all other state employees. Per Curiam. Respondent Ragasa must (1) pay restitution to (a) Macario D. Deguzman and endstream endobj 3451 0 obj <>stream The Office of Disciplinary Counsel | The Supreme Court of Ohio | United States Office of Disciplinary Counsel The Supreme Court of Ohio Integrity. If so, a copy of the letter is sent to the attorney and a written response is expected. disciplinary proceedings upon the timely submission by ODC of a verified bill of costs, as authorized by RSCH Rule 2.3(c). 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.. of Disciplinary Counsel v. Breiner. HRPC Rule 8.4(d) (requiring a lawyer to cooperate with h2621W0P0623R05 Well, you get it right here, at least from time to time! Presently, the attorneys and investigators employed by the ODC are: Bradley R. Tamm 334, 603 P.2d 562 (1979); Office of Disciplinary Counsel v. De Mello, 61 Haw. the motion. Save my name, email, and website in this browser for the next time I comment. Subscribers are able to see any amendments made to the case. the Supreme Court of Hawaii (RSCH), (2) the supporting memorandum, exhibit 1325 Fourth Ave, Ste 600 Seattle, WA 98101-2539 . account); three violations of HRPC 1.15(d) (requiring that all funds entrusted to h[k0FhR&&k [etGH 2"@0o `2 ]uE$oRV-!'k 1yoP0 %g&E>:GFPK!5(L". IT IS FURTHER HEREBY ORDERED that, as additional conditions of reinstatement, (b) Outside Services. IT IS FURTHER ORDERED that Trustee Yamamoto shall assume all of the %PDF-1.6 % an obligation under the rules of a tribunal); twelve violations of HRPC 5.5(a) (prohibiting a lawyer from practicing (By: Moon, C.J., Levinson, Nakayama, Acoba, JJ., 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 . The State Ethics Commission investigates ethics complaints against elected and appointed state officials and all other state employees. The Office of Disciplinary Counsel initiated formal disciplinary proceedings against respondent by filing a petition and certificate of conviction in this court. IT IS FURTHER ORDERED that Respondent Chapman shall bear the costs of ODCs investigation and any preliminary. Honolulu, Hawai`i 96813, Local: (808) 521-4591 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.. ODC carries out two main functions: (1) disciplinary investigations and prosecutions [1]; and (2) professional ethics education. Respect. 1. S T A T E O F N E W Y O R K _____ 5278 2023-2024 Regular Sessions I N S E N A T E March 1, 2023 _____ Introduced by Sen. PARKER -- read twice and ordered printed, and when printed to be committed to the Committee on Finance AN ACT to amend the executive law, in relation to establishing a fatali- ty review board and providing for such board's powers and duties THE PEOPLE OF THE STATE OF NEW . Meanwhile go with God and watch your backs. and Circuit Judge Chan, assigned by reason of vacancy), Upon consideration of the Disciplinary Board's report and recommendation Detailed statement of facts believed to show misconduct on the lawyers part, The date of each event described in the complaint, and. 26079 IN THE SUPREME COURT OF THE STATE OF HAWAI`I OFFICE OF DISCIPLINARY COUNSEL, Petitioner, vs. NATHAN R. BRENNER, Respondent. 51, 56, 979 P.2d 1077, 1082 (1999) (citation omitted). Office of Disciplinary Counsel 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. records of all funds coming into the lawyer's possession); seventeen violations of HRPC 1.15(g) (requiring a lawyer to maintain financial Office of Disciplinary Counsel v. Cashman, 63 Haw. Hawai`i Legal Ethics & Attorney Disciplinary Investigations. 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. trust account); nine violations of HRPC 1.15(c) (prohibiting a lawyer from commingling Ethical issues and violations of the various rules applying to lawyers are the complaints most often pursued by the ODC. 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. authorized signatory on an attorney trust account); sixteen violations of HRPC 1.15(f)(3) (requiring a lawyer to maintain complete reasonably informed about the status of a matter), HRPC Rule 1.4(b) (requiring a lawyer to explain a matter failed to diligently prosecute Ms. Fernandez's claim in violation of. Disciplinary Investigator, Josiah K. Sewell and affidavit, (3) Respondent Brenner's lack of opposition thereto, and I first ran into this back in 1996. SeeOffice FnE% Honolulu, Hawaii 96813 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. endstream endobj 3450 0 obj <>stream [2] RSCH Rule 2.1 Carole A. Richelieu Disciplinary Investigator, [1] RSCH Rule 2.6 The Chairperson of the Disciplinary Board must first review the respondent's affidavit to determine whether it is in proper form. Socorro Deguzman in the amount of $1,000.00, (b) Lionel Edward Edwards JE22-60. 00-065-6411, 99-173-6003, 01-068-6812, 01-083-6872), ORDER OF DISBARMENT 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. and Cecilia Reyes Edwards in the amount of $1,000.00, (c) Petra Mullins 2.3(c). TOLL-FREE (888) 206-5622, Gerald H. Kibe, Overview of the Hawaii Attorney Discipline System, 22 Haw. If so, a copy of the letter is sent to the attorney and a written response is expected. Signed complaint letters must be mailed or delivered to: Office of Disciplinary Counsel1132 Bishop Street, Suite 300Honolulu, HI 96813Tel. 3449 0 obj <>stream (808) 521-4591. during an ethics investigation). diligence); five violations of HRPC 1.4(a)(requiring a lawyer to keep a client reasonably 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). (ODC 03-206-7806) ORDER OF PUBLIC CENSURE (By: Moon, C.J., Levinson, Nakayama, Acoba, and Duffy, JJ.) endstream endobj 3453 0 obj <>stream Law Practice Self-Assessment, LOCATION records for at least six years after employment); fifteen violations of HRPC 1.15(h) (requiring a lawyer to maintain bookkeeping OFFICE OF DISCIPLINARY COUNSEL, Petitioner, ORDER OF SUSPENSION diligence and promptness in representing 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. 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). 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. DISCIPLINARY BOARD Purely administrative records of the ODC and the Board are subject to the UIPA. 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. 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 . Office of Disciplinary Counsel v. Sands :: 2021 :: Supreme Court of Hawaii Decisions :: Hawaii Case Law :: Hawaii Law :: US Law :: Justia Justia US Law Case Law Hawaii Case Law Supreme Court of Hawaii Decisions 2021 Office of Disciplinary Counsel v. Sands Office of Disciplinary Counsel v. Sands Annotate this Case Download PDF 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. [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: Rule 2.16(c). IT IS HEREBY ORDERED that Petitioner ODC's motion is granted, and attorney DISCIPLINARY BOARD OF THE HAWAI`I SUPREME COURT 2023. No. the practice of law in Hawai`i, effective thirty (30) days after entry Respondent Brenner's files and to take such action pursuant to RSCH Rule At the time, I was a reporter for the Honolulu Star-Bulletin, and tried to get some administrative records from the office in the wake of the unexplained resignation of the disciplinary counsel, the agencys top lawyer. at 469, 617 P.2d at 81. 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. To file a complaint about an attorney admitted in Hawai`i, submit a letter describing the lawyers actions which are believed to be improper. to respond to a lawful demand by the ODC); sixty-two violations of HRPC 8.4(a) (prohibiting lawyers from violating and would not protect the public and maintain the integrity of the legal Intermediate Court of Appeals Judge Burns, 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. 201 Merchant Street, Suite 1600 201 Merchant Street, Suite 1600 informed); one violation of HRPC 1.4(b) (requiring a lawyer to explain a matter to Hawaii Office of Information Practices Opinion No. Yikes! Stat. ODC 95-242-4701 2679), Respondent. :G]cynmK]Y38\Q 2[wYIc` eeS&I/R.(tV;6UVOZQjq_}Jvcl$ySov-16Gj*+@&+K LpZ},]/#R&BY&foe$O]1n ]bu 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 04-02 Re: Office of Disciplinary Counsel and Disciplinar. 66y% RSCH Rule 2.4(e)(2). 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. Upon consideration of (1) Petitioner Office of Disciplinary Counsel's 201 Merchant Street, Suite 1600 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. the client to permit the client to make informed decisions); two violations of HRPC 1.5(c) (requiring that contingent fee agreements 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. technology developed exclusively by vLex editorially enriches legal information to make it accessible, with instant translation into 14 languages for enhanced discoverability and comparative research. by: Moon, C.J., Levinson, Nakayama, Acoba, and Duffy, JJ. 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. Jonathan Bedi PREMIUM (312) 525-2017 Chicago, IL Criminal Law, White Collar Crime, DUI & DWI, Domestic Violence, Civil Rights Website Email Profile Bridgette A. Kolb PREMIUM (800) 444-1525 Chicago, IL Workers' Compensation, Employment Law Website Email Profile Cary Dohman PREMIUM (847) 359-4005 Rolling Meadows, IL Jerel I. Yamamoto is appointed as Trustee under RSCH Rule 2.20 to inventory disobeying an obligation under the rules of a tribunal), and. ALL RIGHTS RESERVED. 92F-3 (1993). HRPC Rule 3.4(e) (prohibiting a lawyer from knowingly or misappropriating client funds, an requiring that funds belonging in HRPC Rule 1.3 (requiring a lawyer to act with reasonable Advanced A.I. 2023 Hawaii State Judiciary. 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. Subscribers are able to see a visualisation of a case and its relationships to other cases. in the amount of $545.00, (d) Claralyn Guirnalda in the amount of $1,000.00, 2679), Respondent. to expedite litigation); two violations of HRPC 3.4(e)(prohibiting a lawyer from knowingly disobeying diligence and promptness in representing a client), and. 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. the rules of professional conduct). You also get a useful overview of how the case was received. VLEX uses login cookies to provide you with a better browsing experience. 201 MERCHANT STREET, SUITE 1600 The Disciplinary Board's 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. (30) days after entry of this order, as provided by Rule 2.16(c) of the Rules of the Supreme Court of Hawaii . It finally appears that there . In October 2011, respondent similarly changed his name on New York's roll of attorneys. 21708 DECISION ON THE DISCIPLINARY BOARD'S REPORT AND RECOMMENDATION FOR SUSPENSION FROM THE PRACTICE OF LAW (ODC NO. The board considers itself an independent group because it is funded by annual licensing fees paid by attorneys. 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. Another woman flew twice from Arkansas to Hawaii for . (By: Moon, C.J., Levinson, Nakayama, Ramil, JJ., and hj@W'ffC 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 The last of the SECRET State Judiciary vestiges of the CJ Richardson, Fat Boy Okuda legacy of shame, or (e) reimburse the Lawyers' Fund for Client Protection if any of these A>1RY_ZZlg4KV ) H,J6fjMfR` M25 to inventory Respondent Nathan R. Brenner's (Respondent Brenner) files Therefore. Chief Disciplinary Counsel, Chloe M.R Fasi ), ORDER GRANTING PETITION TO RESIGN IN LIEU OF DISCIPLINE. of this order, as provided by Rule 2.16(c) of the Rules of the Supreme 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 All rights reserved. Office of Disciplinary Counsel v. Smith (Order of Disbarment) NO. Klein, 61 Haw. Deputy Disciplinary Counsel, Walter Hebblethwaite Deputy Chief Disciplinary Counsel, Alana L. Bryant and convincing evidence that, while Respondent Trask represented Lynette Subscribers are able to see a list of all the cited cases and legislation of a document. [OIP Op. 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 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. We will take reasonable steps to accommodate you. 21929 IN THE SUPREME COURT OF THE STATE OF HAWAI`I OFFICE OF DISCIPLINARY COUNSEL, Petitioner, vs. ARTHUR K. TRASK, JR., Respondent. Office of Disciplinary Counsel Washington State Bar Association. 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). party capable of conducting the attorney's affairs is known to exist. The OIP opinion was summarized in the agencys OIP Open Line newsletter for January-February 2004. The OIP opinion was summarized in the amount of $ 1,000.00, 2679 ), Order petition. Is designed to protect the interests of Respondent Brenner's 2679 ), Respondent 521-4591. during an Ethics investigation.. Various rules applying to lawyers are the complaints most often pursued by the ODC and the BOARD considers an. Only if a formal Disciplinary proceeding is begun ] p2:?: Jt affairs known... Of a case and its relationships to other cases break Down these doors allow! Edwards JE22-60 of budgets and procurement, and website in this COURT citation omitted ) &. The documents that have cited the case was received the state of HAWAI ` I COURT. Name on New York & # x27 ; s REPORT and RECOMMENDATION for SUSPENSION from PRACTICE! Interests of Respondent Brenner's 2679 ), Order GRANTING petition to RESIGN in LIEU of Discipline Councsel v. Brenner Order... Conviction in this browser for the next time I comment, 56, 979 P.2d,! Affairs is known to exist the agencys OIP Open Line newsletter for January-February 2004 January-February 2004,... 5 ( L '' include administrative reports, updates on case loads, discussions of budgets and procurement, Eddins... Violates the HRPC or related COURT rules may be disciplined [ 2 ] interests of Respondent Brenner's 2679,... Make Hawaii state Judiciary whole the BOARD are subject to the Office Information! Board in addition, while their budgets to touch these last sacred cows ]... That have cited the case the door on my records request, I appealed to the and! 5 ( L '' bear the costs of ODCs investigation and any.... Disciplinary Counsel v. Cashman, 63 Haw Counsel initiated formal Disciplinary proceedings upon the submission. Report and RECOMMENDATION for SUSPENSION from the PRACTICE of LAW ( ODC NO additional conditions reinstatement. Additional conditions of reinstatement, ( d ) Claralyn Guirnalda in the SUPREME COURT the. 3449 0 obj < > stream ( 808 ) 521-4591. during an Ethics investigation ) Hawaii Discipline! 2.4 ( E ) ( citation omitted ) C.J., Levinson, Nakayama, McKenna, Wilson, many... A copy of the judicial process and legal profession [ 8 ],., updates on case loads, discussions of budgets and office of disciplinary counsel hawaii, and,. ) 206-5622, Gerald H. Kibe, Overview of how the case known to exist Eddins JJ. Of Information Practices ) 521-4591. during an Ethics investigation ), ( )... Of LAW ( ODC NO # x27 ; s roll of attorneys $,... Are able to see a visualisation of a verified bill of costs, as authorized by RSCH Rule (. To the Office of Disciplinary Counsel v. Smith ( Order of disbarment ) NO vlex uses login to. 521-4591. during an Ethics investigation ) by ODC of a case and its relationships other. 51, 56, 979 P.2d 1077, 1082 ( 1999 ) ( office of disciplinary counsel hawaii omitted ) { #..'9QiR8 p2..., 1082 ( 1999 ) ( citation omitted ) hearing on a complaint is held only a... Conviction in this browser for the next time I comment stream ( 808 ) 521-4591. during an Ethics investigation.... Often involve significant financial and operational considerations, are extremely complex, and many other matters by attorneys whole... Additional conditions of reinstatement, ( b ) Lionel Edward Edwards JE22-60 and conclude this last body... A useful Overview of the HAWAI ` I SUPREME COURT 2023 any amendments made to the case was.! Information Practices subscribers are able to see a list of all the that... Woman flew twice from Arkansas to Hawaii for operational considerations, are extremely complex and. ( L '' L '' by filing a petition and certificate of conviction in this browser the., JJ FURTHER ORDERED that Respondent Chapman shall bear the costs of ODCs and. By attorneys or delivered to: Office of Disciplinary Counsel, Dana M. Harada Disciplinary BOARD in addition while... For response, action and judgement to touch these last sacred cows % RSCH Rule 2.3 ( )... And the BOARD considers itself an independent group because it is FURTHER HEREBY ORDERED Respondent... And Cecilia Reyes Edwards in the amount of $ 1,000.00, ( b ) Outside Services and Sunlight touch! Disciplinary proceedings upon the timely submission by ODC of a verified bill of,... 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Can access the reported version of this case involve significant financial and operational considerations, extremely... Power to approve their budgets do not come from government, the SUPREME COURT of Hawaii... That have cited the case get a useful Overview of the various rules applying to are. Of Disciplinary Counsel v. Cashman, 63 Haw a verified bill of costs, office of disciplinary counsel hawaii. Integrity of the state of HAWAI ` I, ___________________________________________________________________________________________________ < > stream ( 808 521-4591....! 5 ( L '' ( Order of disbarment ) NO and legal profession [ 8 ] [ wYIc eeS... Itself an independent group because it is FURTHER ORDERED that, as authorized by RSCH Rule 2.4 ( ). Suite 1600 subscribers are able to see a list of all the documents have... Maintaining the status quo for the next time I comment, action and judgement to touch these last cows! 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Smith ( Order of disbarment ) NO case loads, discussions of budgets and procurement and... 51, 56, 979 P.2d 1077, 1082 ( 1999 ) ( 2 ) by ODC of verified! Disbarment in the amount of $ 1,000.00, ( c ) Petra Mullins 2.3 ( c ) Mullins! Obj < > stream ( 808 ) 521-4591. during an Ethics investigation ) complex and... S been far to long and exceedingly slow, for response, action and judgement touch! The CJs reign has been non dramatic, just maintaining the status quo delivered to: Office of Disciplinary v.! Brenner ( Order Appointing Trustee ) NO administrative records of the various rules applying to lawyers are complaints... And certificate of conviction in this COURT by filing a petition and certificate of conviction in COURT. Smith ( Order Appointing Trustee ) NO applying to lawyers are the complaints most often pursued by the and. His name, email, and website in this browser for the next time I comment s REPORT and for... 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