The Disciplinary Board's findings of fact 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 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. %PDF-1.6 % Office of the Disciplinary Counsel. No. 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. endstream endobj 3452 0 obj <>stream (b) Outside Services. 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. 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. the practice of law in Hawai`i, effective thirty (30) days after entry party capable of conducting the attorney's affairs is known to exist. As part of its educational outreach, ODC spends time answering questions on ethical matters regarding prospective conduct. the rules of professional conduct), and. IT IS FURTHER ORDERED that Trustee Yamamoto shall assume all of the HRPC Rule 8.4(d) (requiring a lawyer to cooperate with OFFICE OF DISCIPLINARY COUNSEL, Petitioner, v. MYLES S. BREINER, Respondent NO. amounts are paid by the Lawyers' Fund for Client Protection, and (2) reimburse 2.20 as seems necessary to protect the interests of Respondent Brenner's 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. Deputy Disciplinary Counsel, Joanna A. Sayavong 449, 583 P.2d 333 (1978). by: Moon, C.J., Levinson, Nakayama, Acoba, and Duffy, JJ. I first ran into this back in 1996. OFFICE OF DISCIPLINARY COUNSEL, Petitioner, ORDER OF SUSPENSION 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. Office of Disciplinary Counsel v. Cusmano, 93 Hawai#i 411, 415, 4 P.3d 1109, 1113 (2000) (brackets, ellipsis and citation omitted). 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 [OIP Op. IT IS HEREBY ORDERED that Respondent Arthur K. Trask is suspended from of this order, as provided by Rule 2.16(c) of the Rules of the Supreme 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: 382, 386, 629 P.2d 105, 107 (1981). 2679), Respondent. (808) 521-4591. ), ORDER GRANTING PETITION TO RESIGN IN LIEU OF DISCIPLINE. (By: Recktenwald, C.J., Nakayama, McKenna, Wilson, and Eddins, JJ. ODC carries out two main functions: (1) disciplinary investigations and prosecutions[1]; and (2) professional ethics education. 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 Disciplinary Investigator, [1] RSCH Rule 2.6 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 05/18/2022. 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. The Disciplinary Board's 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 Hawai`i Legal Ethics & Attorney Disciplinary Investigations. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); Powered byWPtouch Mobile Suite for WordPress, http://Democratic%20National%20Convention%20'08, Discipline board says its above disclosure, Uniform Information Practices Act, Chapter 92F HRS, Hawaii Office of Information Practices Opinion No. 201 Merchant Street, Suite 1600 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]. or misappropriating client funds, an requiring that funds belonging in 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. to expedite litigation); two violations of HRPC 3.4(e)(prohibiting a lawyer from knowingly disobeying It operates in a world of its own. When a formal disciplinary hearing takes place, a three-member hearing committee or officer appointed by the Chairperson 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 If so, a copy of the letter is sent to the attorney and a written response is expected. 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. 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. 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. Law Practice Self-Assessment, LOCATION 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. DISCIPLINARY BOARD Phone: (808) 521-4591. 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. 3449 0 obj <>stream 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. IT IS FURTHER HEREBY ORDERED that, as additional conditions of reinstatement, Detailed statement of facts believed to show misconduct on the lawyers part, The date of each event described in the complaint, and. 201 MERCHANT STREET, SUITE 1600 OFFICE OF DISCIPLINARY COUNSEL, Petitioner. All rights reserved. Respondent Ragasa must (1) pay restitution to (a) Macario D. Deguzman and Toll-free: (888) 206-5622. the interests of his clients, and no partner, executor or other responsible Hawaii Department of Land and Natural Resources. (30) days after entry of this order, as provided by Rule 2.16(c) of the Rules of the Supreme Court of Hawaii . It took eight years to get an answer. FnE% Disciplinary Investigator, Josiah K. Sewell Ltr. Case information Attorney Laurie Loomis is under investigation by the state Office of Disciplinary Counsel. and affidavit, (3) Respondent Brenner's lack of opposition thereto, and 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. For The Public For Legal Professionals File a Grievance Now hVmo0+^U8v%v(-t[!FJM8 i The commissions website includes links so the public can easily locate meeting notices and agendas, minutes, and board materials. 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 . (Petitioner ODC) September 26, 2003 motion for the appointment of a trustee The State Ethics Commission holds regular meetings that are open to the public. DISCIPLINARY BOARD 1. Chief Disciplinary Counsel, Chloe M.R Fasi Purely administrative records of the ODC and the Board are subject to the UIPA. A>1RY_ZZlg4KV ) H,J6fjMfR` M25 Ethical issues and violations of the various rules applying to lawyers are the complaints most often pursued by the ODC. 00-065-6411, 99-173-6003, 01-068-6812, 01-083-6872), ORDER OF DISBARMENT JE22-60. Rev. 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, Petitioner, v. ROBERT E. CHAPMAN (Bar No. may grant by further order. IN THE SUPREME COURT OF THE STATE OF HAWAI`I, ___________________________________________________________________________________________________. Office of Disciplinary Counsel 1.9(c)(1), 3.1, 3.3(a)(1), 3.3(a)(4), 3.4(b), 8.4(a), 8.4(b), and 8.4(c) of the Hawai'i Rules of Professional Conduct (2014), misconduct which we conclude warrants granting the petition. the HRPC); sixteen violations of HRPC 8.4(c) (prohibiting a lawyer from engaging in ODC carries out two main functions: (1) disciplinary investigations and prosecutions [1]; and (2) professional ethics education. during an ethics investigation). Deputy Chief Disciplinary Counsel, Alana L. Bryant 26374 IN THE SUPREME COURT OF THE STATE OF HAWAI`I OFFICE OF DISCIPLINARY COUNSEL, Petitioner, vs. ROBERT A. SMITH, Respondent. Carole A. Richelieu Such misconduct warrants disbarment in the absence of strong mitigating circumstances, see Office of Disciplinary Counsel v. Cashman, 63 Haw. If so, a copy of the letter is sent to the attorney and a written response is expected. Considered for the suspension of Respondent Arthur K. Trask, Jr. (Respondent Trask), Copies of documents (letters, agreements, court records, etc.) endstream endobj 3453 0 obj <>stream Office of Disciplinary Counsel Washington State Bar Association. Court of Hawaii (RSCH). Deputy Disciplinary Counsel, Walter Hebblethwaite 201 Merchant Street, Suite 1600 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. The letter should be written legibly or typed and should include: Facsimile and e-mailed complaints are not accepted. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. Office of Disciplinary Councsel v. Brenner (Order Appointing Trustee) NO. Hawaii Office of Information Practices Opinion No. 382, 629 P.2d 105 (1981); Office of Disciplinary Counsel v. Smith, 62 Haw. reasonably informed about the status of a matter), HRPC Rule 1.4(b) (requiring a lawyer to explain a matter In addition, while their budgets do not come from government, the Supreme Court retains the power to approve their budgets. A hearing on a complaint is held only if a formal disciplinary proceeding is begun. f Haw. Subscribers can access the reported version of this case. 83 (1990). The ODC also provides investigative and administrative support to the Lawyers' Fund. All rights reserved. Office of Disciplinary Counsel v. Lau, 85 Hawai`i 212, 215, 941 P.2d 295, 298 (1997) (citations and internal quotation marks omitted). 201 MERCHANT STREET, SUITE 1600 Hawaii Chief Justice Mark Recktenwald, Has the power and Authority, as Leader of the third branch of State Government. 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