Office of Disciplinary Counsel Washington State Bar Association. endstream endobj 3453 0 obj <>stream Footnote 1: Respondent legally changed his name, in Hawaii, in 2011. Ltr. and would not protect the public and maintain the integrity of the legal 2679), Respondent. 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. 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). Hawaii Chief Justice Mark Recktenwald, Has the power and Authority, as Leader of the third branch of State Government. h[k0FhR&&k [etGH 2"@0o `2 We have considered the Disciplinary Board's Report and Recommendation from the practice of law, the record, and the parties' briefs, we conclude be in writing); three violations of HRPC 1.15(a)(1) (requiring a lawyer to maintain a client Therefore, IT IS HEREBY ORDERED that the petition to resign in lieu of discipline is granted. of representation, to take reasonably practicable steps to, HRPC Rule 3.4(e) (prohibiting a lawyer from knowingly 334, 603 P.2d 562 (1979); Office of Disciplinary Counsel v. De Mello, 61 Haw. Office of Disciplinary Counsel 1132 Bishop Street, Suite 300 Honolulu, HI 96813 Tel. Disciplinary Board 1325 Fourth Ave, Ste 600 Seattle, WA 98101-2539 . 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]. two violations of HRPC 8.4(d) (prohibiting a lawyer from failing to cooperate [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. DATED: Honolulu, Hawaii, October 2, 2003. in place of Acoba, J., recused). Therefore. 2679), Respondent. 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.. and protect his clients' interests pursuant to Rule 2.20 of the Rules of duties enumerated in RSCH Rule 2.20(c), and such other duties as this court Honolulu, Hawai`i 96813, Office of Disciplinary Counsel 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. 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]. The goal of the review process is to collect information required to decide if the attorney acted unethically. Office of Disciplinary Counsel v. Trask (Order of Suspension) NO. (By: Recktenwald, C.J., Nakayama, McKenna, Wilson, and Eddins, JJ. Respondent Brenner's files and to take such action pursuant to RSCH Rule ODC carries out two main functions: (1) disciplinary investigations and prosecutions [1]; and (2) professional ethics education. to inventory Respondent Nathan R. Brenner's (Respondent Brenner) files IN THE SUPREME COURT OF THE STATE OF HAWAI`I. ACCEPT. The Chairperson of the Disciplinary Board must first review the respondent's affidavit to determine whether it is in proper form. Signed complaint letters must be mailed or delivered to: Office of Disciplinary Counsel1132 Bishop Street, Suite 300Honolulu, HI 96813Tel. Subscribers are able to see a list of all the documents that have cited the case. Office of Disciplinary Councsel v. Brenner (Order Appointing Trustee) NO. Jerel I. Yamamoto is appointed as Trustee under RSCH Rule 2.20 to inventory If so, a copy of the letter is sent to the attorney and a written response is expected. 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). Honolulu, Hawai`i 96813, Office of Disciplinary Counsel 26374 IN THE SUPREME COURT OF THE STATE OF HAWAI`I OFFICE OF DISCIPLINARY COUNSEL, Petitioner, vs. ROBERT A. SMITH, Respondent. "g=9" DQ] It s been far to long and exceedingly slow, for response, action and judgement to touch these last sacred cows. 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 or (e) reimburse the Lawyers' Fund for Client Protection if any of these amounts are paid by the Lawyers' Fund for Client Protection, and (2) reimburse 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. Toll-free: (888) 206-5622. Meanwhile go with God and watch your backs. 201 Merchant Street, Suite 1600 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. [OIP Op. IN THE SUPREME COURT OF THE STATE OF HAWAI`I, ___________________________________________________________________________________________________. Ethical issues and violations of the various rules applying to lawyers are the complaints most often pursued by the ODC. 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. (808) 521-4591. All rights reserved. OFFICE OF DISCIPLINARY COUNSEL, Petitioner. OFFICE OF DISCIPLINARY COUNSEL, Petitioner, ORDER OF SUSPENSION Stat. trust account); nine violations of HRPC 1.15(c) (prohibiting a lawyer from commingling 04-02 Re: Office of Disciplinary Counsel and Disciplinar. RSCH Rule 2.4(e)(2). Chief Disciplinary Counsel, Chloe M.R Fasi The Board appoints the Chief Disciplinary Counsel, an Assistant Disciplinary Counsel and any necessary ODC staff. Considered Hawaii Department of Land and Natural Resources. Yikes! 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. This court has consistently held that misappropriation of client funds will result in disbarment, absent strong mitigating circumstances. Respect. OFFICE OF DISCIPLINARY COUNSEL, Petitioner, (ODC 01-219-6963, ODC 01-236-6980, ODC 03-215-7815, THLOaG{#..'9QiR8]p2:?:Jt. 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. Upon consideration of (1) Petitioner Office of Disciplinary Counsel's The system is designed to protect the public and preserve the integrity of the judicial process and legal profession[8]. ODC 03-231-7831, ODC 03-235-7835, ODC 03-252-7852, ODC 03-264- Join to view profile. 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. Petitioner ODC during the course of an ethics investigation). 2023 Hawaii State Judiciary. 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. (30) days after entry of this order, as provided by Rule 2.16(c) of the Rules of the Supreme Court of Hawaii . Well, you get it right here, at least from time to time! (PJB*fWb+J) +lu r!R4It:Ul5|lB_ku]E3C?.]??0 Y 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. recommended five-year suspension is not consistent with our past practice When a formal disciplinary hearing takes place, a three-member hearing committee or officer appointed by the Chairperson Subscribers are able to see a list of all the cited cases and legislation of a document. 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. reasonably informed about the status of a matter), HRPC Rule 1.4(b) (requiring a lawyer to explain a matter The mitigating factors in this case are not strong and Respondent Ragasa's violations are severe. 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. 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. all costs subsequently ordered by this Court in accordance with RSCH Rule If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. (By: Moon, C.J., Levinson, Nakayama, Ramil, JJ., and 26054 IN THE SUPREME COURT OF THE STATE OF HAWAI`I OFFICE OF DISCIPLINARY COUNSEL, Petitioner, vs. PAUL J. SULLA, JR., Respondent. 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]. 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. endstream endobj 3451 0 obj <>stream authorized signatory on an attorney trust account); sixteen violations of HRPC 1.15(f)(3) (requiring a lawyer to maintain complete Disciplinary Counsel, and Deputy Chief Disciplinary Counsel. All rights reserved. SeeOffice A lawyer who violates the HRPC or related court rules may be disciplined[2]. the HRPC); sixteen violations of HRPC 8.4(c) (prohibiting a lawyer from engaging in 1. 00-065-6411, 99-173-6003, 01-068-6812, 01-083-6872), ORDER OF DISBARMENT HRPC Rule 1.3 (requiring a lawyer to act with reasonable 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). 449, 583 P.2d 333 (1978). disobeying an obligation under the rules of a tribunal), and. TOLL-FREE (888) 206-5622, Gerald H. Kibe, Overview of the Hawaii Attorney Discipline System, 22 Haw. 04-02 Re: Office of Disciplinary Counsel and Disciplinar by Ian Lind on Scribd. 21929 IN THE SUPREME COURT OF THE STATE OF HAWAI`I OFFICE OF DISCIPLINARY COUNSEL, Petitioner, vs. ARTHUR K. TRASK, JR., Respondent. We impose disbarment. For The Public For Legal Professionals File a Grievance Now Hawaii, United States488 followers 487 connections. VLEX uses login cookies to provide you with a better browsing experience. Deputy Disciplinary Counsel, Dana M. Harada 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 petitioner on 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. that support the complaint. to respond to a lawful demand by the ODC); sixty-two violations of HRPC 8.4(a) (prohibiting lawyers from violating No. 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. 1285, 1291 (1999). Office of Disciplinary Counsel v. Smith (Order of Disbarment) NO. Attorney Laurie Loomis is under investigation by the state Office of Disciplinary Counsel. HRPC Rule 8.4(a) (prohibiting a lawyer from violating DISCIPLINARY BOARD account); three violations of HRPC 1.15(d) (requiring that all funds entrusted to Honolulu, Hawai`i 96813, Local: (808) 521-4591 Office of the Disciplinary Counsel. 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 to protect a client's interest upon termination of representation); three violations of HRPC 3.2 (requiring a lawyer to make reasonable efforts The State Ethics Commission investigates ethics complaints against elected and appointed state officials and all other state employees. Subscribers are able to see the list of results connected to your document through the topics and citations Vincent found. 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. Law for a Period of Five Years. h2621W0P0623R05 The State Ethics Commission investigates ethics complaints against elected and appointed state officials and all other state employees. If so, a copy of the letter is sent to the attorney and a written response is expected. to a client to permit the client to make informed, HRPC Rule 1.16(a)(1)(prohibiting a lawyer from representing The ODC also provides investigative and administrative support to the Lawyers Fund. may grant by further order. 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. HONOLULU, HAWAI`I 96813, PHONE (808) 521-4591 7864, ODC 03-266-7866, ODC 03-267-7867, ODC 03-268-7868), ORDER APPOINTING TRUSTEE As I recall, ODC did not provide any documents despite the OIP opinion. Petitioner Office of Disciplinary Counsel and the Disciplinary Board for dishonesty, fraud, deceit, or misrepresentation); and. during an ethics investigation). DATED: Honolulu, Hawai`i, February 28, 2003. . h;07pvY,Ei(iQDB4H(=4;!RC `bLKY_DtvCC@f&4u/Y3"P(7B[Z [sDL"g1"s9lux5` j f The Disciplinary Board's Office Respondent Ragasa must (1) pay restitution to (a) Macario D. Deguzman and Rules of both agencies provide that their investigations and investigative records are confidential, but their administrative actions and records are subject to state law. 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. ALL RIGHTS RESERVED. 66y% 51, 56, 979 P.2d 1077, 1082 (1999) (citation omitted). Court of Hawaii (RSCH). Honolulu, Hawaii 96813 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. for the suspension of Respondent Arthur K. Trask, Jr. (Respondent Trask), The ODC also provides investigative and administrative support to the Lawyers' Fund. Such misconduct warrants disbarment in the absence of strong mitigating circumstances, see Office of Disciplinary Counsel v. Cashman, 63 Haw. Office of Disciplinary Counsel 223, 601 P.2d 1087 (1979). 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. 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. 2:5h",Ue Subscribers are able to see any amendments made to the case. The Office of Disciplinary Counsel initiated formal disciplinary proceedings against respondent by filing a petition and certificate of conviction in this court. 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, Petitioner, v. MYLES S. BREINER, Respondent NO. (By Levinson, J., for the court (1)). 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. IN THE SUPREME COURT OF THE STATE OF HAWAI`I. 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 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 . HRPC Rule 1.4(a) (requiring a lawyer to keep a client 201 MERCHANT STREET, SUITE 1600 3449 0 obj <>stream Rule 8 . and Circuit Judge Chan, assigned by reason of vacancy), Upon consideration of the Disciplinary Board's report and recommendation DISCIPLINARY BOARD OF THE HAWAI`I SUPREME COURT 2023. (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. Phone: (808) 521-4591. Ethical issues and violations of the various rules applying to lawyers are the complaints most often pursued by the ODC. 2679), Respondent. 201 MERCHANT STREET, SUITE 1600 HRPC Rule 8.4(d) (requiring a lawyer to cooperate with and Cecilia Reyes Edwards in the amount of $1,000.00, (c) Petra Mullins 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. 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. Fairness. (ODC 03-206-7806) ORDER OF PUBLIC CENSURE (By: Moon, C.J., Levinson, Nakayama, Acoba, and Duffy, JJ.) 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 201 Merchant Street, Suite 1600 IT IS FURTHER ORDERED that Respondent Chapman shall bear the costs of ODCs investigation and any preliminary. 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]. Required to decide if the attorney acted unethically 3453 0 obj < stream..., 979 P.2d 1077, 1082 ( 1999 ) ( prohibiting a lawyer violates... Respondent by filing a petition and certificate of conviction in this court Ue subscribers are able see... V. Cashman, 63 Haw to lawyers are the complaints most often pursued by the STATE HAWAI... 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Board 1325 Fourth Ave, Ste 600 Seattle, WA 98101-2539 of HAWAI ` I required to decide if attorney... Proceedings against Respondent by filing a petition and certificate of conviction in this court court ( 1 ) ) )! The goal of the various rules applying to lawyers are the complaints most often pursued by ODC. By: Recktenwald, C.J., Nakayama, McKenna, Wilson, and by Ian office of disciplinary counsel hawaii on Scribd Recktenwald...