92F-3 (1993). Disciplinary Investigator, Josiah K. Sewell (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- Honolulu, Hawai`i 96813, Local: (808) 521-4591 After the Disciplinary Board slammed the door on my records request, I appealed to the Office of Information Practices. The ODC also provides investigative and administrative support to the Lawyers' Fund. 00-065-6411, 99-173-6003, 01-068-6812, 01-083-6872), ORDER OF DISBARMENT ALL RIGHTS RESERVED. Petitioner Office of Disciplinary Counsel (Petitioner ODC) proved by clear 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]. DISCIPLINARY BOARD OFFICE OF DISCIPLINARY COUNSEL, Petitioner, ORDER OF SUSPENSION The Chairperson of the Disciplinary Board must first review the respondent's affidavit to determine whether it is in proper form. 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. Petitioner Office of Disciplinary Counsel and the Disciplinary Board for 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. IN THE SUPREME COURT OF THE STATE OF HAWAI`I. Office of Disciplinary Counsel 1132 Bishop Street, Suite 300 Honolulu, HI 96813 Tel. ALL RIGHTS RESERVED. 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. RSCH Rule 2.4(e)(2). (By: Recktenwald, C.J., Nakayama, McKenna, Wilson, and Eddins, JJ. The Office of Disciplinary Counsel | The Supreme Court of Ohio | United States Office of Disciplinary Counsel The Supreme Court of Ohio Integrity. Upon consideration of (1) Petitioner Office of Disciplinary Counsel's endstream endobj 3452 0 obj <>stream The ODC also provides investigative and administrative support to the Lawyers Fund. Per Curiam. It took eight years to get an answer. 2.3(c). Kawachika said the Disciplinary Board is exempt from the law because it is not a government agency and is not owned, operated, or managed by or on behalf of the state. The Board appoints the Chief Disciplinary Counsel, an Assistant Disciplinary Counsel and any necessary ODC staff. Deputy Chief Disciplinary Counsel, Alana L. Bryant OFFICE OF DISCIPLINARY COUNSEL, Petitioner, v. ROBERT E. CHAPMAN (Bar No. When a formal disciplinary hearing takes place, a three-member hearing committee or officer appointed by the Chairperson (Petitioner ODC) September 26, 2003 motion for the appointment of a trustee for the suspension of Respondent Arthur K. Trask, Jr. (Respondent Trask), The legal matters often involve significant financial and operational considerations, are extremely complex, and are often precedent setting. As I recall, ODC did not provide any documents despite the OIP opinion. f Deputy Disciplinary Counsel, Charlene M. Norris No. Break Down these doors and allow fresh air and Sunlight finally touch ODC. 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 . 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. (808) 521-4591. 2023 Hawaii State Judiciary. 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). and Cecilia Reyes Edwards in the amount of $1,000.00, (c) Petra Mullins 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 v. Smith (Order of Disbarment) NO. 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. *299 Smith, 62 Haw. Ethical issues and violations of the various rules applying to lawyers are the complaints most often pursued by the ODC. former clients. 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. Subscribers are able to see the list of results connected to your document through the topics and citations Vincent found. 26054 IN THE SUPREME COURT OF THE STATE OF HAWAI`I OFFICE OF DISCIPLINARY COUNSEL, Petitioner, vs. PAUL J. SULLA, JR., Respondent. 05/18/2022. Therefore, IT IS HEREBY ORDERED that the petition to resign in lieu of discipline is granted. Office of Disciplinary Counsel v. Cusmano, 93 Hawai#i 411, 415, 4 P.3d 1109, 1113 (2000) (brackets, ellipsis and citation omitted). 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. two violations of HRPC 8.4(d) (prohibiting a lawyer from failing to cooperate No. Respect. [OIP Op. 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]. The Disciplinary Board's 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 or other law); one violation of HRPC 1.16(d) (requiring a lawyer to take reasonable steps The board considers itself an independent group because it is funded by annual licensing fees paid by attorneys. 201 Merchant Street, Suite 1600 201 Merchant Street, Suite 1600 a client where the representation will result in a violation of the HRPC the client to permit the client to make informed decisions); two violations of HRPC 1.5(c) (requiring that contingent fee agreements 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) . or (e) reimburse the Lawyers' Fund for Client Protection if any of these [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: Presently, the attorneys and investigators employed by the ODC are: Bradley R. Tamm of this order, as provided by Rule 2.16(c) of the Rules of the Supreme $60,267.60. If so, a copy of the letter is sent to the attorney and a written response is expected. 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 rules of professional conduct). endstream endobj 3451 0 obj <>stream 201 Merchant Street, Suite 1600 201 Merchant Street, Suite 1600 [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. It finally appears that there . DISCIPLINARY BOARD OF THE HAWAI`I SUPREME COURT 2023. failing to respond to a lawful demand by Petitioner ODC), HRPC Rule 8.4(a) (prohibiting a lawyer from violating trust account); nine violations of HRPC 1.15(c) (prohibiting a lawyer from commingling Office of Disciplinary Councsel v. Brenner (Order Appointing Trustee) NO. Deputy Disciplinary Counsel, Dana M. Harada HRPC Rule 8.4(d) (requiring a lawyer to cooperate with Respondent Ragasa must (1) pay restitution to (a) Macario D. Deguzman and Ethical issues and violations of the various rules applying to lawyers are the complaints most often pursued by the ODC. You also get a useful overview of how the case was received. 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.. TOLL-FREE (888) 206-5622, Gerald H. Kibe, Overview of the Hawaii Attorney Discipline System, 22 Haw. amounts are paid by the Lawyers' Fund for Client Protection, and (2) reimburse The last of the SECRET State Judiciary vestiges of the CJ Richardson, Fat Boy Okuda legacy of shame, 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 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. ODC 95-242-4701 of Disciplinary Counsel v. Breiner, 89 Hawai`i 167, 173, 969 P.2d 1. The operations of the Hawai`i lawyer discipline system are funded entirely by annual registration fees paid by Hawai`i lawyers. Save my name, email, and website in this browser for the next time I comment. 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. 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. duties enumerated in RSCH Rule 2.20(c), and such other duties as this court Honolulu, Hawai`i 96813, Office of Disciplinary Counsel 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. Rev. 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. 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. SCPR-22-0000714 Supreme Court of Hawaii December 6, 2022 ORIGINAL PROCEEDING (ODC 20-0024) diligence and promptness in representing a client), and. ]uE$oRV-!'k 1yoP0 %g&E>:GFPK!5(L". Disciplinary Counsel, and Deputy Chief Disciplinary Counsel. In October 2011, respondent similarly changed his name on New York's roll of attorneys. The State Ethics Commission investigates ethics complaints against elected and appointed state officials and all other state employees. HRPC Rule 3.4(e) (prohibiting a lawyer from knowingly disobeying an obligation under the rules of a tribunal). IT IS FURTHER ORDERED that Trustee Yamamoto shall assume all of the 2.20 as seems necessary to protect the interests of Respondent Brenner's ACCEPT. Case information Meanwhile go with God and watch your backs. Toll-free: (888) 206-5622. informed); one violation of HRPC 1.4(b) (requiring a lawyer to explain a matter to 66y% disobeying an obligation under the rules of a tribunal), and. 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. VLEX uses login cookies to provide you with a better browsing experience. in the amount of $545.00, (d) Claralyn Guirnalda in the amount of $1,000.00, by: Moon, C.J., Levinson, Nakayama, Acoba, and Duffy, JJ. Court of Hawaii (RSCH). Aloha and welcome to the Disciplinary Board of the Hawai`i Supreme Court ("Disciplinary Board") and the Office of Disciplinary Counsel ("ODC"). 382, 629 P.2d 105 (1981); Office of Disciplinary Counsel v. Smith, 62 Haw. 3 p 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. OFFICE OF DISCIPLINARY COUNSEL, Petitioner, (ODC 01-219-6963, ODC 01-236-6980, ODC 03-215-7815, Office of the Disciplinary Counsel. Advanced A.I. 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. 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. Subscribers are able to see the revised versions of legislation with amendments. Office of Disciplinary Counsel v. Sulla (Order of Public Censure) NO. 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. diligence and promptness in representing a client). dishonesty, fraud, deceit, or misrepresentation); and. IN THE SUPREME COURT OF THE STATE OF HAWAI`I, ___________________________________________________________________________________________________. 201 MERCHANT STREET, SUITE 1600 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!!! 382, 386, 629 P.2d 105, 107 (1981). ), ORDER GRANTING PETITION TO RESIGN IN LIEU OF DISCIPLINE. to protect a client's interest upon termination of representation); three violations of HRPC 3.2 (requiring a lawyer to make reasonable efforts Rule 8 . endstream endobj 3453 0 obj <>stream (By: Moon, C.J., Levinson, Nakayama, Ramil, JJ., and The CJs reign has been non dramatic, just maintaining the status quo. 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. Footnote 1: Respondent legally changed his name, in Hawaii, in 2011. Well, you get it right here, at least from time to time! Jerel I. Yamamoto is appointed as Trustee under RSCH Rule 2.20 to inventory To file a complaint about an attorney admitted in Hawai`i, submit a letter describing the lawyers actions which are believed to be improper. (4) the record, it appears that Respondent Brenner is unable to protect The OIP opinion was summarized in the agencys OIP Open Line newsletter for January-February 2004. Subscribers are able to see a visualisation of a case and its relationships to other cases. JE22-60. 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. 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. In addition, while their budgets do not come from government, the Supreme Court retains the power to approve their budgets. 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]. 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. Intermediate Court of Appeals Judge Burns, Therefore, IT IS HEREBY ORDERED that the petition to resign in lieu of discipline is granted. 223, 601 P.2d 1087 (1979). Klein, 61 Haw. Ltr. 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. 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 . hVmo0+^U8v%v(-t[!FJM8 i Fairness. 1325 Fourth Ave, Ste 600 Seattle, WA 98101-2539 . 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]. Disciplinary Investigator, [1] RSCH Rule 2.6 to inventory Respondent Nathan R. Brenner's (Respondent Brenner) files HONOLULU, HAWAI`I 96813, PHONE (808) 521-4591 (ODC 96-391-5191) ORDER OF DISBARMENT (By: Moon, C.J., Levinson, Nakayama, Acoba, and Duffy, JJ.) profession and the dignity of the courts. DATED: Honolulu, Hawaii, October 2, 2003. to respond to a lawful demand by the ODC); sixty-two violations of HRPC 8.4(a) (prohibiting lawyers from violating B.J. 2679), Respondent. Upon receiving the complaint, ODC will determine if an investigation needs to be taken. ODC carries out two main functions: (1) disciplinary investigations and prosecutions [1]; and (2) professional ethics education. records of all funds coming into the lawyer's possession); seventeen violations of HRPC 1.15(g) (requiring a lawyer to maintain financial of Disciplinary Counsel v. Breiner. It operates in a world of its own. 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: 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). Join to view profile. Considered HONOLULU, HAWAI`I 96813, PHONE (808) 521-4591 The commissions website includes links so the public can easily locate meeting notices and agendas, minutes, and board materials. A hearing on a complaint is held only if a formal disciplinary proceeding is begun. Yikes! from the practice of law, the record, and the parties' briefs, we conclude the HRPC); sixteen violations of HRPC 8.4(c) (prohibiting a lawyer from engaging in and eighty-six violations of the Hawai`i Rules of Professional Conduct HRPC Rule 1.4(a) (requiring a lawyer to keep a client for petitioner on IT IS HEREBY ORDERED that Petitioner ODC's motion is granted, and attorney Respondent Brenner's files and to take such action pursuant to RSCH Rule 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. :G]cynmK]Y38\Q 2[wYIc` eeS&I/R.(tV;6UVOZQjq_}Jvcl$ySov-16Gj*+@&+K LpZ},]/#R&BY&foe$O]1n ]bu Carole A. Richelieu a client if the representation will result in a violation of, HRPC Rule 1.16(d) (requiring a lawyer, upon termination (b) Outside Services. Copies of documents (letters, agreements, court records, etc.) and Circuit Judge Chan, assigned by reason of vacancy), Upon consideration of the Disciplinary Board's report and recommendation 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 (ODC 99-174-6004) ORDER OF SUSPENSION (By: Moon, C.J., Levinson, Nakayama, Acoba, JJ., and Circuit Judge Chan, assigned by reason of vacancy) 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. 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. 2:5h",Ue or misappropriating client funds, an requiring that funds belonging in part to a client and in part to a lawyer must be deposited into a trust 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. during an ethics investigation). 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