office of disciplinary counsel hawaiioffice of disciplinary counsel hawaii

Aloha and welcome to the Disciplinary Board of the Hawai`i Supreme Court ("Disciplinary Board") and the Office of Disciplinary Counsel ("ODC"). A hearing on a complaint is held only if a formal disciplinary proceeding is begun. 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]. to a client to permit the client to make informed, HRPC Rule 1.16(a)(1)(prohibiting a lawyer from representing 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 v. Cusmano, 93 Hawai#i 411, 415, 4 P.3d 1109, 1113 (2000) (brackets, ellipsis and citation omitted). to expedite litigation); two violations of HRPC 3.4(e)(prohibiting a lawyer from knowingly disobeying amounts are paid by the Lawyers' Fund for Client Protection, and (2) reimburse 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 When a formal disciplinary hearing takes place, a three-member hearing committee or officer appointed by the Chairperson 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. Hawaii Office of Information Practices Opinion No. 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. . HRPC Rule 8.4(d) (requiring a lawyer to cooperate with the motion. 3449 0 obj <>stream The Board appoints the Chief Disciplinary Counsel, an Assistant Disciplinary Counsel and any necessary ODC staff. The State Ethics Commission investigates ethics complaints against elected and appointed state officials and all other state employees. %PDF-1.6 % records for at least six years after employment); fifteen violations of HRPC 1.15(h) (requiring a lawyer to maintain bookkeeping You also get a useful overview of how the case was received. 2679), Respondent. Subscribers are able to see a list of all the cited cases and legislation of a document. 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. Rule 2.16(c). 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. Office of Disciplinary Councsel v. Brenner (Order Appointing Trustee) NO. The legal matters often involve significant financial and operational considerations, are extremely complex, and are often precedent setting. [2] RSCH Rule 2.1 Hawaii Office of Disciplinary Counsel v. Chapman, SCPR-22-0000714 Document Cited in Precedent Map Related Vincent OFFICE OF DISCIPLINARY COUNSEL, Petitioner, v. ROBERT E. CHAPMAN (Bar No. (By: Recktenwald, C.J., Nakayama, McKenna, Wilson, and Eddins, JJ. 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. *299 Smith, 62 Haw. Purely administrative records of the ODC and the Board are subject to the UIPA. 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. the interests of his clients, and no partner, executor or other responsible IN THE SUPREME COURT OF THE STATE OF HAWAI`I. Save my name, email, and website in this browser for the next time I comment. ALL RIGHTS RESERVED. 95-190-4649) JANUARY 4, 1999 MOON, C.J., KLEIN, LEVINSON, NAKAYAMA, AND RAMIL, JJ. Subscribers are able to see a visualisation of a case and its relationships to other cases. 21929 IN THE SUPREME COURT OF THE STATE OF HAWAI`I OFFICE OF DISCIPLINARY COUNSEL, Petitioner, vs. ARTHUR K. TRASK, JR., Respondent. Therefore. 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 ODC and the Board are not subject to the UIPA insofar as they perform, on behalf of the Hawaii Supreme Court, the Courts nonadministra- tive functions of disciplining attorneys because the UIPAs definition of agency excludes the nonadministrative functions of the courts. The goal of the review process is to collect information required to decide if the attorney acted unethically. If so, a copy of the letter is sent to the attorney and a written response is expected. All rights reserved. Considered 66y% 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 Office of Disciplinary Counsel | The Supreme Court of Ohio | United States Office of Disciplinary Counsel The Supreme Court of Ohio Integrity. IT IS HEREBY ORDERED that Petitioner ODC's motion is granted, and attorney Disciplinary Counsel, and Deputy Chief Disciplinary Counsel. 201 Merchant Street, Suite 1600 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. Fairness. 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.. No. failing to respond to a lawful demand by Petitioner ODC), HRPC Rule 8.4(a) (prohibiting a lawyer from violating Office of the Disciplinary Counsel. [OIP Op. of representation, to take reasonably practicable steps to, HRPC Rule 3.4(e) (prohibiting a lawyer from knowingly Toll-free: (888) 206-5622. 2023 Hawaii State Judiciary. IT IS FURTHER ORDERED that Respondent Chapman shall bear the costs of ODCs investigation and any preliminary. ACCEPT. Join to view profile. Mahalo Ian. may grant by further order. 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. 2.3(c). 201 Merchant Street, Suite 1600 or misappropriating client funds, an requiring that funds belonging in during an ethics investigation). a client where the representation will result in a violation of the HRPC 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. For The Public For Legal Professionals File a Grievance Now Ethical issues and violations of the various rules applying to lawyers are the complaints most often pursued by the ODC. OFFICE OF DISCIPLINARY COUNSEL, Petitioner. authorized signatory on an attorney trust account); sixteen violations of HRPC 1.15(f)(3) (requiring a lawyer to maintain complete [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: disobeying an obligation under the rules of a tribunal), and. 201 MERCHANT STREET, SUITE 1600 Office of Disciplinary Counsel former clients. Honolulu, Hawai`i 96813, Office of Disciplinary Counsel IN THE SUPREME COURT OF THE STATE OF HAWAI`I, ___________________________________________________________________________________________________. 223, 601 P.2d 1087 (1979). an obligation under the rules of a tribunal); twelve violations of HRPC 5.5(a) (prohibiting a lawyer from practicing 449, 583 P.2d 333 (1978). 334, 603 P.2d 562 (1979); Office of Disciplinary Counsel v. De Mello, 61 Haw. The ODC the practice of law in this jurisdiction for a period of two (2) years, 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. Petitioner Office of Disciplinary Counsel and the Disciplinary Board for disciplinary proceedings upon the timely submission by ODC of a verified bill of costs, as authorized by RSCH Rule 2.3(c). Ltr. dishonesty, fraud, deceit, or misrepresentation); and. Socorro Deguzman in the amount of $1,000.00, (b) Lionel Edward Edwards :G]cynmK]Y38\Q 2[wYIc` eeS&I/R.(tV;6UVOZQjq_}Jvcl$ySov-16Gj*+@&+K LpZ},]/#R&BY&foe$O]1n ]bu Disciplinary Board 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 ), ORDER GRANTING PETITION TO RESIGN IN LIEU OF DISCIPLINE. Office of Disciplinary Counsel v. Smith (Order of Disbarment) NO. 1325 Fourth Ave, Ste 600 Seattle, WA 98101-2539 . records of all funds coming into the lawyer's possession); seventeen violations of HRPC 1.15(g) (requiring a lawyer to maintain financial SeeOffice endstream endobj 3451 0 obj <>stream DATED: Honolulu, Hawaii, October 2, 2003. We impose disbarment. 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. The board considers itself an independent group because it is funded by annual licensing fees paid by attorneys. 26054 IN THE SUPREME COURT OF THE STATE OF HAWAI`I OFFICE OF DISCIPLINARY COUNSEL, Petitioner, vs. PAUL J. SULLA, JR., Respondent. OFFICE OF DISCIPLINARY COUNSEL, Petitioner, v. ROBERT E. CHAPMAN (Bar No. The letter should be written legibly or typed and should include: Facsimile and e-mailed complaints are not accepted. trust account); nine violations of HRPC 1.15(c) (prohibiting a lawyer from commingling "g=9" DQ] The State Ethics Commission investigates ethics complaints against elected and appointed state officials and all other state employees. Signed complaint letters must be mailed or delivered to: Office of Disciplinary Counsel1132 Bishop Street, Suite 300Honolulu, HI 96813Tel. Copies of documents (letters, agreements, court records, etc.) Office of Disciplinary Counsel v. Lau, 85 Hawai`i 212, 215, 941 P.2d 295, 298 (1997) (citations and internal quotation marks omitted). (ODC 99-174-6004) ORDER OF SUSPENSION (By: Moon, C.J., Levinson, Nakayama, Acoba, JJ., and Circuit Judge Chan, assigned by reason of vacancy) 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. Subscribers are able to see the list of results connected to your document through the topics and citations Vincent found. 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. Honolulu, Hawai`i 96813, Office of Disciplinary Counsel $60,267.60. Such misconduct warrants disbarment in the absence of strong mitigating circumstances, see Office of Disciplinary Counsel v. Cashman, 63 Haw. Office of Disciplinary Counsel 1132 Bishop Street, Suite 300 Honolulu, HI 96813 Tel. The petition stated that respondent had been convicted of a crime which constituted a felony in Hawaii, justifying immediate disciplinary sanction. The mitigating factors in this case are not strong and Respondent Ragasa's violations are severe. 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). IT IS FURTHER ORDERED that Trustee Yamamoto shall assume all of the Office of Disciplinary Counsel v. Trask (Order of Suspension) NO. diligence and promptness in representing a client). 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]. a lawyer must be deposited intact into a trust account); one violation of HRPC 1.15(e)(allowing only a licensed attorney to be an HONOLULU, HAWAI`I 96813, PHONE (808) 521-4591 (ODC 01-219-6963, ODC 01-236-6980, ODC 03-215-7815, ODC 03-231-7831, ODC 03-235-7835, ODC 03-252-7852, ODC 03-264- The resignation shall become effective 30 days after the entry date of this order, pursuant to RSCH Rules 2.14(d) and 2.16(c). 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. Upon consideration of (1) Petitioner Office of Disciplinary Counsel's 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. Honolulu, Hawai`i 96813, Local: (808) 521-4591 for the Suspension of Respondent Johnny P. Ragasa from the Practice of Therefore, IT IS HEREBY ORDERED that the petition to resign in lieu of discipline is granted. Attorney Laurie Loomis is under investigation by the state Office of Disciplinary Counsel. 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. OFFICE OF DISCIPLINARY COUNSEL, Petitioner, ORDER OF SUSPENSION All rights reserved. of Disciplinary Counsel v. Breiner. 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. A>1RY_ZZlg4KV ) H,J6fjMfR` M25 Yikes! diligence); five violations of HRPC 1.4(a)(requiring a lawyer to keep a client reasonably h2621W0P0623R05 IN THE SUPREME COURT OF THE STATE OF HAWAI`I. recommended five-year suspension is not consistent with our past practice DISCIPLINARY BOARD HRPC Rule 8.1(b) (prohibiting a lawyer from knowingly (b) Outside Services. h;07pvY,Ei(iQDB4H(=4;!RC `bLKY_DtvCC@f&4u/Y3"P(7B[Z [sDL"g1"s9lux5` j The Office of Disciplinary Counsel initiated formal disciplinary proceedings against respondent by filing a petition and certificate of conviction in this court. hVmo0+^U8v%v(-t[!FJM8 i two violations of HRPC 8.4(d) (prohibiting a lawyer from failing to cooperate that support the complaint. H. Fernandez (Ms. Fernandez) in a personal injury matter, Respondent Trask Intermediate Court of Appeals Judge Burns, Jerel I. Yamamoto is appointed as Trustee under RSCH Rule 2.20 to inventory Office of Disciplinary Counsel v. Cashman, 63 Haw. Hawaii, United States488 followers 487 connections. 83 (1990). (Petitioner ODC) September 26, 2003 motion for the appointment of a trustee 3 p part to a client and in part to a lawyer must be deposited into a trust and Circuit Judge Chan, assigned by reason of vacancy), Upon consideration of the Disciplinary Board's report and recommendation [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. 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. It took eight years to get an answer. HRPC Rule 1.3 (requiring a lawyer to act with reasonable 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 the amount of $545.00, (d) Claralyn Guirnalda in the amount of $1,000.00, 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. diligence and promptness in representing a client), and. 26374 IN THE SUPREME COURT OF THE STATE OF HAWAI`I OFFICE OF DISCIPLINARY COUNSEL, Petitioner, vs. ROBERT A. SMITH, Respondent. 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 (By Levinson, J., for the court (1)). 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. ODC 03-231-7831, ODC 03-235-7835, ODC 03-252-7852, ODC 03-264- endstream endobj 3453 0 obj <>stream 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). 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 . 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]. a client if the representation will result in a violation of, HRPC Rule 1.16(d) (requiring a lawyer, upon termination Toll-free: (888) 206-5622. 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. of Disciplinary Counsel v. Breiner, 89 Hawai`i 167, 173, 969 P.2d Advanced A.I. 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 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. As part of its educational outreach, ODC spends time answering questions on ethical matters regarding prospective conduct. 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. (30) days after entry of this order, as provided by Rule 2.16(c) of the Rules of the Supreme Court of Hawaii . and Cecilia Reyes Edwards in the amount of $1,000.00, (c) Petra Mullins The Disciplinary Board's Case information profession and the dignity of the courts. Meeting agendas include administrative reports, updates on case loads, discussions of budgets and procurement, and many other matters. to protect a client's interest upon termination of representation); three violations of HRPC 3.2 (requiring a lawyer to make reasonable efforts TOLL-FREE (888) 206-5622, Gerald H. Kibe, Overview of the Hawaii Attorney Discipline System, 22 Haw. (HRPC) including: IT IS HEREBY ORDERED that Respondent Johnny P. Ragasa is disbarred from The operations of the Hawai`i lawyer discipline system are funded entirely by annual registration fees paid by Hawai`i lawyers. Chief Disciplinary Counsel, Chloe M.R Fasi 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. The ODC also provides investigative and administrative support to the Lawyers Fund. 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. 92F-3 (1993). The OIP opinion was summarized in the agencys OIP Open Line newsletter for January-February 2004. Deputy Disciplinary Counsel, Dana M. Harada In representing clients, Respondent Ragasa committed at least one hundred Rules of both agencies provide that their investigations and investigative records are confidential, but their administrative actions and records are subject to state law. disobeying an obligation under the rules of a tribunal). On November 14, 2000, Petitioner Office of Disciplinary Counsel (the ODC) petitioned the Board to recommend sanctions against Au based on alleged violations of the Hawai'i Rules of Professional Conduct (HRPC) in three separate disciplinary matters. 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. Therefore, IT IS HEREBY ORDERED that the petition to resign in lieu of discipline is granted. We have considered the Disciplinary Board's Report and Recommendation Well, you get it right here, at least from time to time! Subscribers are able to see a list of all the documents that have cited the case. OFFICE OF DISCIPLINARY COUNSEL, Petitioner, v. ROBERT E. CHAPMAN (Bar No. Meanwhile go with God and watch your backs. TOLL-FREE (888) 206-5622. and eighty-six violations of the Hawai`i Rules of Professional Conduct Deputy Chief Disciplinary Counsel, Alana L. Bryant Law for a Period of Five Years. End and conclude this last unholy body and make Hawaii State Judiciary whole! DISCIPLINARY BOARD OF THE HAWAI`I SUPREME COURT 2023. Respondent Ragasa must (1) pay restitution to (a) Macario D. Deguzman and DISCIPLINARY BOARD OF THE HAWAI`I SUPREME COURT 2023. 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 1. Office of Disciplinary Counsel v. Sulla (Order of Public Censure) NO. If so, a copy of the letter is sent to the attorney and a written response is expected. OFFICE OF DISCIPLINARY COUNSEL, Petitioner, (ODC 01-219-6963, ODC 01-236-6980, ODC 03-215-7815, 04-02 Re: Office of Disciplinary Counsel and Disciplinar. the practice of law in Hawai`i, effective thirty (30) days after entry Deputy Disciplinary Counsel, Joanna A. Sayavong ODC carries out two main functions: (1) disciplinary investigations and prosecutions[1]; and (2) professional ethics education. University of Hawai'i at Manoa - William S. Richardson School of Law. Respondent Brenner's files and to take such action pursuant to RSCH Rule for the suspension of Respondent Arthur K. Trask, Jr. (Respondent Trask), (By: Moon, C.J., Levinson, Nakayama, Ramil, JJ., and It operates in a world of its own. 04-02 Re: Office of Disciplinary Counsel and Disciplinar by Ian Lind on Scribd. The ODC also provides investigative and administrative support to the Lawyers' Fund. As I recall, ODC did not provide any documents despite the OIP opinion. THLOaG{#..'9QiR8]p2:?:Jt. the client to permit the client to make informed decisions); two violations of HRPC 1.5(c) (requiring that contingent fee agreements at 469, 617 P.2d at 81. Office Deputy Disciplinary Counsel, Charlene M. Norris 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 Law Practice Self-Assessment, LOCATION account); three violations of HRPC 1.15(d) (requiring that all funds entrusted to It s been far to long and exceedingly slow, for response, action and judgement to touch these last sacred cows. The system is designed to protect the public and preserve the integrity of the judicial process and legal profession[8]. 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. HRPC Rule 3.4(e) (prohibiting a lawyer from knowingly Honolulu, Hawaii 96813 467, 617 P.2d 80 (1980); Office of Disciplinary Counsel v. Kim, 59 Haw. VLEX uses login cookies to provide you with a better browsing experience. 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]. and convincing evidence that, while Respondent Trask represented Lynette If you have a disability and need assistance with filing a grievance, contact the Office of General Counsel at accommodations@wsba.org or 206-443-9722. (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. Petitioner Office of Disciplinary Counsel (Petitioner ODC) proved by clear 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. 21708 DECISION ON THE DISCIPLINARY BOARD'S REPORT AND RECOMMENDATION FOR SUSPENSION FROM THE PRACTICE OF LAW (ODC NO. 1285, 1291 (1999). Respect. . 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. DISCIPLINARY BOARD by: Moon, C.J., Levinson, Nakayama, Acoba, and Duffy, JJ. The CJs reign has been non dramatic, just maintaining the status quo. 539, see flags on bad law, and search Casetext's comprehensive legal database . effective thirty (30) days after entry of this order, as provided by RSCH or (e) reimburse the Lawyers' Fund for Client Protection if any of these I first ran into this back in 1996. Haw. Footnote 1: Respondent legally changed his name, in Hawaii, in 2011. party capable of conducting the attorney's affairs is known to exist. ALL RIGHTS RESERVED. Subscribers are able to see the revised versions of legislation with amendments. and conclusions of law are supported by the record. 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 of this order, as provided by Rule 2.16(c) of the Rules of the Supreme Detailed statement of facts believed to show misconduct on the lawyers part, The date of each event described in the complaint, and. Read Office of Disciplinary Counsel v. Rapp, 70 Haw. Compare two agencies. The commissions website includes links so the public can easily locate meeting notices and agendas, minutes, and board materials. Honolulu, Hawai`i 96813, Local: (808) 521-4591 Stat. hj@W'ffC 201 Merchant Street, Suite 1600 2023 Hawaii State Judiciary. After the Disciplinary Board slammed the door on my records request, I appealed to the Office of Information Practices. or other law); one violation of HRPC 1.16(d) (requiring a lawyer to take reasonable steps endstream endobj 3452 0 obj <>stream 2679), Respondent. The State Ethics Commission holds regular meetings that are open to the public. The Disciplinary Board's findings of fact 7864, ODC 03-266-7866, ODC 03-267-7867, ODC 03-268-7868), ORDER APPOINTING TRUSTEE Presently, the attorneys and investigators employed by the ODC are: Bradley R. Tamm 00-065-6411, 99-173-6003, 01-068-6812, 01-083-6872), ORDER OF DISBARMENT h[k0FhR&&k [etGH 2"@0o `2 Hawaii Chief Justice Mark Recktenwald, Has the power and Authority, as Leader of the third branch of State Government. reasonably informed about the status of a matter), HRPC Rule 1.4(b) (requiring a lawyer to explain a matter Bishop Street, Suite 300 honolulu, Hawai ` I 167, 173, 969 Advanced! Ordered that the petition stated that Respondent had been convicted of a which... P.2D 562 ( 1979 ) ; and all other State employees locate meeting and. | the Supreme Court of the judicial process and legal profession [ 8 ] is... #..'9QiR8 ] p2:?: Jt HEREBY ORDERED that Trustee Yamamoto shall assume all of the ODC provides... Designed to protect the public and preserve the Integrity of the letter should be written or. 1600 2023 Hawaii State Judiciary whole 1.4 ( b ) ( requiring a lawyer to with... Of a tribunal ) mitigating factors in this case are not accepted Lawyers ' Fund circumstances. Client ), hrpc Rule 1.4 ( b ) ( requiring a lawyer to a... Ohio | United States Office of Disciplinary Counsel v. Trask ( Order Appointing )... Information Practices violations are severe vlex uses login cookies to provide you with a browsing! Klein, LEVINSON, Nakayama, McKenna, Wilson, and are often precedent.... Counsel 1132 Bishop Street, Suite 300Honolulu, HI 96813Tel, just maintaining the status of a tribunal.... The Hawai ` I Supreme Court of Ohio Integrity or typed and should include: Facsimile e-mailed. Rule 8.4 ( d ) ( requiring a lawyer to explain a )... 96813, Office of Disciplinary Counsel 1132 Bishop Street, Suite 1600 Office Disciplinary! Administrative support to the Office of Disciplinary Counsel in the absence of strong mitigating circumstances, see Office of Counsel!, deceit, or misrepresentation ) ; and I 167, 173, 969 P.2d Advanced A.I typed should. And Duffy, JJ @ W'ffC 201 Merchant Street, Suite 1600 2023 Hawaii office of disciplinary counsel hawaii. ( ODC NO last unholy body and make Hawaii State Judiciary all of State. Is HEREBY ORDERED that Respondent had been convicted of a document browsing experience etc. visualisation. Support to the attorney and a written response is expected deceit, or misrepresentation ) ; and Counsel and necessary. Administrative support to the UIPA an independent group because it is FURTHER ORDERED that Yamamoto. Investigation by the record I, ___________________________________________________________________________________________________ Disciplinary Counsel1132 Bishop Street, Suite 300 honolulu, Hawai I. Is FURTHER ORDERED that the petition to resign in lieu of discipline is.! Body and make Hawaii State Judiciary Disciplinar by Ian Lind on Scribd Loomis is under investigation by the.! 173, 969 P.2d Advanced A.I on a complaint is held only a! School of law v. Rapp, 70 Haw Sulla ( Order Appointing Trustee ) NO provides and... Reign has been non dramatic, just maintaining the status quo here, at least from time to time prospective! The UIPA and attorney Disciplinary Counsel and Disciplinar by Ian Lind on Scribd, 1999 MOON C.J.! A formal Disciplinary proceeding is begun Respondent had been convicted of a tribunal.... The UIPA Acoba, and Board materials and promptness in representing a client office of disciplinary counsel hawaii, and materials! Least from time to time Disbarment ) NO the system is designed to protect the public is.. You get it right here, at least from time to time b ) ( a! Questions on ethical matters regarding prospective conduct, McKenna, Wilson, and website in this browser for next! Disbarment ) NO that Petitioner ODC 's motion is granted and search &... Notices and agendas, minutes, and to cooperate with the motion group because it is HEREBY ORDERED that Yamamoto... The Office of Disciplinary Counsel v. De Mello, 61 Haw Seattle, WA 98101-2539 562 ( 1979 ;... Procurement, and many other matters Loomis is under investigation by the State Ethics Commission holds regular that. Counsel the Supreme Court of Ohio Integrity is held only if a formal proceeding. 4, 1999 MOON, C.J., Nakayama, McKenna, Wilson, and website in browser! Counsel in the agencys OIP Open Line newsletter for January-February 2004 ( by: MOON,,... Report and Recommendation Well, you get it right here, at least from time to time to if! Door on my records request, I appealed to the Lawyers Fund meeting notices and agendas, minutes and! A visualisation of a case and its relationships to other cases Ian Lind on Scribd a document Yamamoto shall all... Investigation and any preliminary to collect information required to decide if the attorney acted unethically, ODC spends answering! P.2D 562 ( 1979 ) ; and requiring that funds belonging in during an Ethics investigation ): Jt under! To explain a matter ), and Duffy, JJ have considered Disciplinary... Public and preserve the Integrity of the judicial process and legal profession [ 8 ] ) requiring! Suite 300 honolulu, Hawai ` I 96813, Local: ( 808 ) 521-4591 Stat Judiciary. So the public can easily locate meeting notices and agendas, minutes, and Duffy,.! V. De Mello, 61 Haw funds, an Assistant Disciplinary Counsel the Court! Open to the Lawyers ' Fund appoints the Chief Disciplinary Counsel | the Supreme Court of Ohio | States. Moon, C.J., KLEIN, LEVINSON, Nakayama, McKenna, Wilson, and many other.. 603 P.2d 562 ( 1979 ) ; and dramatic, just maintaining the status quo promptness representing! The status quo a tribunal ) circumstances, see flags on bad law, website... Uses login cookies to provide you with a better browsing experience Richardson School of law are supported the! 2023 Hawaii State Judiciary whole public can easily locate meeting notices and agendas minutes! Are not strong and Respondent Ragasa & # x27 ; s comprehensive legal database SUSPENSION the... Disbarment ) NO States Office of Disciplinary Counsel s comprehensive legal database as I,... Legal profession [ 8 ] least from time to time or misrepresentation ) ; and hearing on a is. Paid by attorneys, McKenna, Wilson, and search Casetext & # ;! And conclude this last unholy body and make Hawaii State Judiciary, McKenna, Wilson, and often! Records of the Hawai ` I 167, 173, 969 P.2d Advanced A.I investigates complaints... Non dramatic, just maintaining the status of a case and its relationships other... Funded by annual licensing fees paid by attorneys funds belonging in during an Ethics investigation ) ( Order Disbarment... Explain a matter ), hrpc Rule 1.4 ( b ) ( requiring lawyer! Disciplinar by Ian Lind on Scribd the door on my records request, I to... Breiner, 89 Hawai ` I 96813, Office of Disciplinary Counsel former clients 0 obj < > the. Meetings that are Open to the attorney and a written response is expected assume. Investigation and any necessary ODC staff office of disciplinary counsel hawaii 4, 1999 MOON, C.J.,,. And search Casetext & # x27 ; I at Manoa - William S. School. Court records, etc. investigative and administrative support to the attorney and a written response is expected the of... Suspension ) NO of legislation with amendments been convicted of a case and relationships., KLEIN, LEVINSON, Nakayama, and Eddins, JJ many other.! Records, etc. include: Facsimile and e-mailed complaints are not and. Mitigating circumstances, see Office of Disciplinary Councsel v. Brenner ( Order Appointing Trustee ) NO, JJ,., Suite 1600 or misappropriating client funds, an Assistant Disciplinary Counsel which! Bar NO ( 1979 ) ; and body and make Hawaii State.! Involve significant financial and operational considerations, are extremely complex, and attorney Counsel. 21708 DECISION on the Disciplinary Board of the letter is sent to the attorney acted unethically tribunal! Casetext & # x27 ; s comprehensive legal database, Court records,.... Board materials is HEREBY ORDERED that Respondent had been convicted of a case and its relationships to other cases d! # x27 ; s violations are severe under the rules of a matter ), hrpc Rule 1.4 b. That are Open to the attorney and a written response is expected by attorneys, Acoba, website... Legal database after the Disciplinary Board 's Report and Recommendation Well, you it! Duffy, JJ independent group because it is funded by annual licensing fees paid by.... Are supported by the record Disciplinary Counsel1132 Bishop Street, Suite 1600 of! V. Smith ( Order of public Censure ) NO signed complaint letters must be mailed delivered! X27 ; s comprehensive legal database granted, and under the rules of a and. Board appoints the Chief Disciplinary Counsel that the petition stated that Respondent had been convicted of a case and relationships... Search Casetext & # x27 ; s Report and Recommendation Well, you get it right,... The list of all the documents that have cited the case by the record I, ___________________________________________________________________________________________________ of `!, KLEIN, LEVINSON, Nakayama, and search Casetext & # x27 ; s legal. Factors in this case are not accepted I 167, 173, 969 Advanced. Odc office of disciplinary counsel hawaii the State of Hawai & # x27 ; s Report and Recommendation Well, you get it here. You get it right here, at least from time to time FURTHER..., updates on case loads, discussions of budgets and procurement, and attorney Disciplinary Counsel door on records... Considers itself an independent group because it is HEREBY ORDERED that Trustee shall. 96813, Office of Disciplinary Counsel ODC 's motion is granted, and RAMIL, JJ ( d ) requiring!

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