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 Carole A. Richelieu to respond to a lawful demand by the ODC); sixty-two violations of HRPC 8.4(a) (prohibiting lawyers from violating Dlnr is directly involved in the secrecy as well, Our only hope is that these corrupt individuals at the helm go down with the ship, We do need accountability and honesty in our government and a way to check facts!!! informed); one violation of HRPC 1.4(b) (requiring a lawyer to explain a matter to 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. 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]. 26374 IN THE SUPREME COURT OF THE STATE OF HAWAI`I OFFICE OF DISCIPLINARY COUNSEL, Petitioner, vs. ROBERT A. SMITH, Respondent. 26079 IN THE SUPREME COURT OF THE STATE OF HAWAI`I OFFICE OF DISCIPLINARY COUNSEL, Petitioner, vs. NATHAN R. BRENNER, Respondent. Upon receiving the complaint, ODC will determine if an investigation needs to be taken. 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. 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. IN THE SUPREME COURT OF THE STATE OF HAWAI`I, ___________________________________________________________________________________________________. Honolulu, Hawaii 96813 ODC carries out two main functions: (1) disciplinary investigations and prosecutions [1]; and (2) professional ethics education. Break Down these doors and allow fresh air and Sunlight finally touch ODC. Office of Disciplinary Counsel Respondent Brenner's files and to take such action pursuant to RSCH Rule 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. A lawyer who violates the HRPC or related court rules may be disciplined[2]. 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. Per Curiam. Deputy Disciplinary Counsel, Charlene M. Norris 21929 IN THE SUPREME COURT OF THE STATE OF HAWAI`I OFFICE OF DISCIPLINARY COUNSEL, Petitioner, vs. ARTHUR K. TRASK, JR., Respondent. 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 Counsel, and Deputy Chief Disciplinary Counsel. When a formal disciplinary hearing takes place, a three-member hearing committee or officer appointed by the Chairperson You also get a useful overview of how the case was received. for petitioner on B.J. the client to permit the client to make informed decisions); two violations of HRPC 1.5(c) (requiring that contingent fee agreements JE22-60. Ltr. Chief Disciplinary Counsel, Chloe M.R Fasi IT IS HEREBY ORDERED that Respondent Arthur K. Trask is suspended from IN THE SUPREME COURT OF THE STATE OF HAWAI`I. No. Deputy Disciplinary Counsel, Joanna A. Sayavong 04-02 Re: Office of Disciplinary Counsel and Disciplinar. 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) . 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. Yikes! 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 DATED: Honolulu, Hawai`i, February 28, 2003. 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. dishonesty, fraud, deceit, or misrepresentation); and. OFFICE OF DISCIPLINARY COUNSEL, Petitioner, (ODC 01-219-6963, ODC 01-236-6980, ODC 03-215-7815, RSCH Rule 2.4(e)(2). 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 . to expedite litigation); two violations of HRPC 3.4(e)(prohibiting a lawyer from knowingly disobeying of this order, as provided by Rule 2.16(c) of the Rules of the Supreme Read Office of Disciplinary Counsel v. Rapp, 70 Haw. The Office of Disciplinary Counsel | The Supreme Court of Ohio | United States Office of Disciplinary Counsel The Supreme Court of Ohio Integrity. trust account); nine violations of HRPC 1.15(c) (prohibiting a lawyer from commingling 7864, ODC 03-266-7866, ODC 03-267-7867, ODC 03-268-7868), ORDER APPOINTING TRUSTEE authorized signatory on an attorney trust account); sixteen violations of HRPC 1.15(f)(3) (requiring a lawyer to maintain complete OFFICE OF DISCIPLINARY COUNSEL, Petitioner, (ODC 97-176-5370, 99-201-6031, 00-025-6371, ]uE$oRV-!'k 1yoP0 %g&E>:GFPK!5(L". 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. 21708 DECISION ON THE DISCIPLINARY BOARD'S REPORT AND RECOMMENDATION FOR SUSPENSION FROM THE PRACTICE OF LAW (ODC NO. and conclusions of law are supported by the record. at 469, 617 P.2d at 81. 26054 IN THE SUPREME COURT OF THE STATE OF HAWAI`I OFFICE OF DISCIPLINARY COUNSEL, Petitioner, vs. PAUL J. SULLA, JR., Respondent. 92F-3 (1993). OFFICE OF DISCIPLINARY COUNSEL, Petitioner, v. ROBERT E. CHAPMAN (Bar No. IN THE SUPREME COURT OF THE STATE OF HAWAI`I. (Petitioner ODC) September 26, 2003 motion for the appointment of a trustee Hawaii Department of Land and Natural Resources. HONOLULU, HAWAI`I 96813, PHONE (808) 521-4591 HRPC Rule 8.4(d) (requiring a lawyer to cooperate with 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. 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. 2023 Hawaii State Judiciary. (30) days after entry of this order, as provided by Rule 2.16(c) of the Rules of the Supreme Court of Hawaii . DISCIPLINARY BOARD Rules of both agencies provide that their investigations and investigative records are confidential, but their administrative actions and records are subject to state law. 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. 95-190-4649) JANUARY 4, 1999 MOON, C.J., KLEIN, LEVINSON, NAKAYAMA, AND RAMIL, JJ. Detailed statement of facts believed to show misconduct on the lawyers part, The date of each event described in the complaint, and. OFFICE OF DISCIPLINARY COUNSEL, Petitioner. (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. 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. A>1RY_ZZlg4KV ) H,J6fjMfR` M25 1285, 1291 (1999). (808) 521-4591 Review and Investigation Upon receiving the complaint, ODC will determine if an investigation needs to be taken. 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]. Honolulu, Hawai`i 96813, Office of Disciplinary Counsel of Disciplinary Counsel v. Breiner, 89 Hawai`i 167, 173, 969 P.2d The ODC also provides investigative and administrative support to the Lawyers Fund. Therefore. A hearing on a complaint is held only if a formal disciplinary proceeding is begun. Toll-free: (888) 206-5622. (PJB*fWb+J) +lu r!R4It:Ul5|lB_ku]E3C?.]??0 Y 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). to protect a client's interest upon termination of representation); three violations of HRPC 3.2 (requiring a lawyer to make reasonable efforts The goal of the review process is to collect information required to decide if the attorney acted unethically. 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. 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. 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 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. Subscribers are able to see the list of results connected to your document through the topics and citations Vincent found. 2.3(c). part to a client and in part to a lawyer must be deposited into a trust Office of Disciplinary Counsel v. Cashman, 63 Haw. The CJs reign has been non dramatic, just maintaining the status quo. Office of Disciplinary Counsel 1132 Bishop Street, Suite 300 Honolulu, HI 96813 Tel. The Chairperson of the Disciplinary Board must first review the respondent's affidavit to determine whether it is in proper form. the HRPC); sixteen violations of HRPC 8.4(c) (prohibiting a lawyer from engaging in Socorro Deguzman in the amount of $1,000.00, (b) Lionel Edward Edwards Hawai`i Legal Ethics & Attorney Disciplinary Investigations. OFFICE OF DISCIPLINARY COUNSEL, Petitioner, v. MYLES S. BREINER, Respondent NO. of Disciplinary Counsel v. Breiner. Rev. Compare two agencies. IT IS FURTHER ORDERED that Trustee Yamamoto shall assume all of the Toll-free: (888) 206-5622. may grant by further order. two violations of HRPC 8.4(d) (prohibiting a lawyer from failing to cooperate Office of Disciplinary Counsel v. Smith (Order of Disbarment) NO. the practice of law in this jurisdiction for a period of two (2) years, 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. HONOLULU, HAWAI`I 96813, PHONE (808) 521-4591 the motion. The board considers itself an independent group because it is funded by annual licensing fees paid by attorneys. Honolulu, Hawai`i 96813, Local: (808) 521-4591 *299 Smith, 62 Haw. 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. Upon consideration of (1) Petitioner Office of Disciplinary Counsel's Office of Disciplinary Counsel v. Sulla (Order of Public Censure) NO. 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. Petitioner Office of Disciplinary Counsel and the Disciplinary Board for 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. 201 MERCHANT STREET, SUITE 1600 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]. Court of Hawaii (RSCH). Rule 8 . Disciplinary Investigator, [1] RSCH Rule 2.6 IT IS FURTHER ORDERED that Respondent Chapman shall bear the costs of ODCs investigation and any preliminary. h;07pvY,Ei(iQDB4H(=4;!RC `bLKY_DtvCC@f&4u/Y3"P(7B[Z [sDL"g1"s9lux5` j 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. . Copies of documents (letters, agreements, court records, etc.) during an ethics investigation). ALL RIGHTS RESERVED. and protect his clients' interests pursuant to Rule 2.20 of the Rules of Respondent Ragasa must (1) pay restitution to (a) Macario D. Deguzman and h2621W0P0623R05 or other law); one violation of HRPC 1.16(d) (requiring a lawyer to take reasonable steps DISCIPLINARY BOARD for the suspension of Respondent Arthur K. Trask, Jr. (Respondent Trask), Disciplinary Board disciplinary proceedings upon the timely submission by ODC of a verified bill of costs, as authorized by RSCH Rule 2.3(c). No. IT IS FURTHER HEREBY ORDERED that, as additional conditions of reinstatement, The Board appoints the Chief Disciplinary Counsel, an Assistant Disciplinary Counsel and any necessary ODC staff. Subscribers are able to see a visualisation of a case and its relationships to other cases. HRPC Rule 1.3 (requiring a lawyer to act with reasonable (808) 521-4591. Such misconduct warrants disbarment in the absence of strong mitigating circumstances, see Office of Disciplinary Counsel v. Cashman, 63 Haw. The ODC also provides investigative and administrative support to the Lawyers' Fund. I first ran into this back in 1996. The petition stated that respondent had been convicted of a crime which constituted a felony in Hawaii, justifying immediate disciplinary sanction. Moon, C.J., KLEIN, LEVINSON, NAKAYAMA, and RAMIL JJ. Down these doors and allow fresh air and Sunlight finally touch ODC LAW are supported by record... 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