diligence and promptness in representing a client), and. OFFICE OF DISCIPLINARY COUNSEL, Petitioner. that support the complaint. 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. Law for a Period of Five Years. Ethical issues and violations of the various rules applying to lawyers are the complaints most often pursued by the ODC. Office of Disciplinary Counsel 1132 Bishop Street, Suite 300 Honolulu, HI 96813 Tel. 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. Disciplinary Board 2023 Hawaii State Judiciary. 26374 IN THE SUPREME COURT OF THE STATE OF HAWAI`I OFFICE OF DISCIPLINARY COUNSEL, Petitioner, vs. ROBERT A. SMITH, Respondent. HRPC Rule 1.3 (requiring a lawyer to act with reasonable the interests of his clients, and no partner, executor or other responsible 1285, 1291 (1999). Subscribers are able to see the revised versions of legislation with amendments. The OIP opinion was summarized in the agencys OIP Open Line newsletter for January-February 2004. Law Practice Self-Assessment, LOCATION 449, 583 P.2d 333 (1978). failing to respond to a lawful demand by Petitioner ODC), HRPC Rule 8.4(a) (prohibiting a lawyer from violating It took eight years to get an answer. in place of Acoba, J., recused). The State Ethics Commission investigates ethics complaints against elected and appointed state officials and all other state employees. 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]. (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. In addition, while their budgets do not come from government, the Supreme Court retains the power to approve their budgets. 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. IT IS FURTHER ORDERED that Respondent Chapman shall bear the costs of ODCs investigation and any preliminary. No. ), ORDER GRANTING PETITION TO RESIGN IN LIEU OF DISCIPLINE. 83 (1990). Aloha and welcome to the Disciplinary Board of the Hawai`i Supreme Court (Disciplinary Board) and the Office of Disciplinary Counsel (ODC). 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!!! 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 As part of its educational outreach, ODC spends time answering questions on ethical matters regarding prospective conduct. the motion. from the practice of law, the record, and the parties' briefs, we conclude 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. 2679), Respondent. The ODC 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. 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]. Subscribers are able to see a visualisation of a case and its relationships to other cases. 382, 386, 629 P.2d 105, 107 (1981). an obligation under the rules of a tribunal); twelve violations of HRPC 5.5(a) (prohibiting a lawyer from practicing Klein, 61 Haw. 95-190-4649) JANUARY 4, 1999 MOON, C.J., KLEIN, LEVINSON, NAKAYAMA, AND RAMIL, JJ. The Disciplinary Board supervises the process of attorney discipline, including the work of the Office of Disciplinary Counsel, which investigates ethics complaints against Hawaii attorneys. Both the ODC and the Board are created and, to a significant extent, controlled by the Supreme Court of Hawaii. a client where the representation will result in a violation of the HRPC 51, 56, 979 P.2d 1077, 1082 (1999) (citation omitted). Well, you get it right here, at least from time to time! The ODC also provides investigative and administrative support to the Lawyers Fund. Office of Disciplinary Counsel v. Cusmano, 93 Hawai#i 411, 415, 4 P.3d 1109, 1113 (2000) (brackets, ellipsis and citation omitted). Another woman flew twice from Arkansas to Hawaii for . DISCIPLINARY BOARD OF THE HAWAI`I SUPREME COURT 2023. HRPC Rule 3.4(e) (prohibiting a lawyer from knowingly and protect his clients' interests pursuant to Rule 2.20 of the Rules of 04-02 Re: Office of Disciplinary Counsel and Disciplinar. 00-065-6411, 99-173-6003, 01-068-6812, 01-083-6872), ORDER OF DISBARMENT 21708 DECISION ON THE DISCIPLINARY BOARD'S REPORT AND RECOMMENDATION FOR SUSPENSION FROM THE PRACTICE OF LAW (ODC NO. Honolulu, Hawai`i 96813, Office of Disciplinary Counsel Office of Disciplinary Counsel OFFICE OF DISCIPLINARY COUNSEL, Petitioner, (ODC 01-219-6963, ODC 01-236-6980, ODC 03-215-7815, 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). In October 2011, respondent similarly changed his name on New York's roll of attorneys. to expedite litigation); two violations of HRPC 3.4(e)(prohibiting a lawyer from knowingly disobeying Honolulu, Hawai`i 96813, Office of Disciplinary Counsel FnE% Phone: (808) 521-4591. effective thirty (30) days after entry of this order, as provided by RSCH THLOaG{#..'9QiR8]p2:?:Jt. 201 MERCHANT STREET, SUITE 1600 HRPC Rule 8.1(b) (prohibiting a lawyer from knowingly 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. 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. 92F-3 (1993). 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 endstream endobj 3452 0 obj <>stream For The Public For Legal Professionals File a Grievance Now Deputy Disciplinary Counsel, Dana M. Harada Carole A. Richelieu 334, 603 P.2d 562 (1979); Office of Disciplinary Counsel v. De Mello, 61 Haw. Signed complaint letters must be mailed or delivered to: Office of Disciplinary Counsel1132 Bishop Street, Suite 300Honolulu, HI 96813Tel. trust account); nine violations of HRPC 1.15(c) (prohibiting a lawyer from commingling 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 . Toll-free: (888) 206-5622. (By: Moon, C.J., Levinson, Nakayama, Acoba, JJ., ACCEPT. 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). informed); one violation of HRPC 1.4(b) (requiring a lawyer to explain a matter to and would not protect the public and maintain the integrity of the legal in the amount of $545.00, (d) Claralyn Guirnalda in the amount of $1,000.00, the rules of professional conduct), and. 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 DATED: Honolulu, Hawaii, October 2, 2003. DISCIPLINARY BOARD and Circuit Judge Chan, assigned by reason of vacancy), Upon consideration of the Disciplinary Board's report and recommendation and convincing evidence that, while Respondent Trask represented Lynette (HRPC) including: IT IS HEREBY ORDERED that Respondent Johnny P. Ragasa is disbarred from 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. (4) the record, it appears that Respondent Brenner is unable to protect 05/18/2022. 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 former clients. The Disciplinary Board supervises the process of attorney discipline, including the work of the Office of Disciplinary Counsel, which investigates ethics complaints against Hawaii attorneys. Hawaii, United States488 followers 487 connections. Therefore, IT IS HEREBY ORDERED that the petition to resign in lieu of discipline is granted. 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. Respondent Ragasa must (1) pay restitution to (a) Macario D. Deguzman and all costs subsequently ordered by this Court in accordance with RSCH Rule 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. Office of Disciplinary Counsel v. Cashman, 63 Haw. Disciplinary Investigator, [1] RSCH Rule 2.6 Disciplinary Board (By Levinson, J., for the court (1)). It s been far to long and exceedingly slow, for response, action and judgement to touch these last sacred cows. [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. Save my name, email, and website in this browser for the next time I comment. 7864, ODC 03-266-7866, ODC 03-267-7867, ODC 03-268-7868), ORDER APPOINTING TRUSTEE 2679), Respondent. Rule 2.16(c). University of Hawai'i at Manoa - William S. Richardson School of Law. DISCIPLINARY BOARD diligence); five violations of HRPC 1.4(a)(requiring a lawyer to keep a client reasonably 66y% 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). 1. recommended five-year suspension is not consistent with our past practice Rule 8 . 3 p 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 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. . 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. 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. 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. Subscribers can access the reported version of this case. f HRPC Rule 8.4(d) (requiring a lawyer to cooperate with 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 The legal matters often involve significant financial and operational considerations, are extremely complex, and are often precedent setting. (808) 521-4591 Review and Investigation Upon receiving the complaint, ODC will determine if an investigation needs to be taken. 26054 IN THE SUPREME COURT OF THE STATE OF HAWAI`I OFFICE OF DISCIPLINARY COUNSEL, Petitioner, vs. PAUL J. SULLA, JR., Respondent. The Office of Disciplinary Counsel initiated formal disciplinary proceedings against respondent by filing a petition and certificate of conviction in this court. HRPC Rule 1.4(a) (requiring a lawyer to keep a client 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. h[k0FhR&&k [etGH 2"@0o `2 IT IS FURTHER HEREBY ORDERED that, as additional conditions of reinstatement, DATED: Honolulu, Hawai`i, February 28, 2003. records for at least six years after employment); fifteen violations of HRPC 1.15(h) (requiring a lawyer to maintain bookkeeping Rev. amounts are paid by the Lawyers' Fund for Client Protection, and (2) reimburse It operates in a world of its own. ]uE$oRV-!'k 1yoP0 %g&E>:GFPK!5(L". 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 duties enumerated in RSCH Rule 2.20(c), and such other duties as this court Chief Disciplinary Counsel, Chloe M.R Fasi to a client to permit the client to make informed, HRPC Rule 1.16(a)(1)(prohibiting a lawyer from representing 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. 201 Merchant Street, Suite 1600 If so, a copy of the letter is sent to the attorney and a written response is expected. Meeting agendas include administrative reports, updates on case loads, discussions of budgets and procurement, and many other matters. IN THE SUPREME COURT OF THE STATE OF HAWAI`I, ___________________________________________________________________________________________________. (Petitioner ODC) September 26, 2003 motion for the appointment of a trustee Attorney Laurie Loomis is under investigation by the state Office of Disciplinary Counsel. Therefore, IT IS HEREBY ORDERED that the petition to resign in lieu of discipline is granted. Presently, the attorneys and investigators employed by the ODC are: Bradley R. Tamm Rules of both agencies provide that their investigations and investigative records are confidential, but their administrative actions and records are subject to state law. %PDF-1.6 % 04-02 Re: Office of Disciplinary Counsel and Disciplinar by Ian Lind on Scribd. OFFICE OF DISCIPLINARY COUNSEL, Petitioner, v. ROBERT E. CHAPMAN (Bar No. Hawaii Office of Information Practices Opinion No. 2:5h",Ue (ODC 96-391-5191) ORDER OF DISBARMENT (By: Moon, C.J., Levinson, Nakayama, Acoba, and Duffy, JJ.) Ltr. 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. Respect. ODC carries out two main functions: (1) disciplinary investigations and prosecutions[1]; and (2) professional ethics education. 04-02, February 3, 2004], The opinion concluded: The ODC should respond to Mr. Linds record request in accordance with the UIPA and Chapter 2-71, HAR.. be in writing); three violations of HRPC 1.15(a)(1) (requiring a lawyer to maintain a client 2.20 as seems necessary to protect the interests of Respondent Brenner's 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. 201 MERCHANT STREET, SUITE 1600 1325 Fourth Ave, Ste 600 Seattle, WA 98101-2539 . 2.3(c). Deputy Chief Disciplinary Counsel, Alana L. Bryant 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. Office OFFICE OF DISCIPLINARY COUNSEL, Petitioner, v. MYLES S. BREINER, Respondent NO. As I recall, ODC did not provide any documents despite the OIP opinion. Deputy Disciplinary Counsel, Walter Hebblethwaite 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]. Office of Disciplinary Counsel Washington State Bar Association. TOLL-FREE (888) 206-5622, Gerald H. Kibe, Overview of the Hawaii Attorney Discipline System, 22 Haw. The last of the SECRET State Judiciary vestiges of the CJ Richardson, Fat Boy Okuda legacy of shame, [2] RSCH Rule 2.1 Copies of documents (letters, agreements, court records, etc.) OFFICE OF DISCIPLINARY COUNSEL, Petitioner, v. ROBERT E. CHAPMAN (Bar No. and eighty-six violations of the Hawai`i Rules of Professional Conduct 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. 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 mitigating factors in this case are not strong and Respondent Ragasa's violations are severe. 2023 Hawaii State Judiciary. IN THE SUPREME COURT OF THE STATE OF HAWAI`I. :G]cynmK]Y38\Q 2[wYIc` eeS&I/R.(tV;6UVOZQjq_}Jvcl$ySov-16Gj*+@&+K LpZ},]/#R&BY&foe$O]1n ]bu of representation, to take reasonably practicable steps to, HRPC Rule 3.4(e) (prohibiting a lawyer from knowingly Court of Hawaii (RSCH). the practice of law in this jurisdiction for a period of two (2) years, 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. A hearing on a complaint is held only if a formal disciplinary proceeding is begun. ODC 95-242-4701 Stat. Socorro Deguzman in the amount of $1,000.00, (b) Lionel Edward Edwards Compare two agencies. and Cecilia Reyes Edwards in the amount of $1,000.00, (c) Petra Mullins Hawaii Chief Justice Mark Recktenwald, Has the power and Authority, as Leader of the third branch of State Government. endstream endobj 3453 0 obj <>stream Deputy Disciplinary Counsel, Joanna A. Sayavong (By: Moon, C.J., Levinson, Nakayama, Ramil, JJ., and Petitioner Office of Disciplinary Counsel and the Disciplinary Board for The Board appoints the Chief Disciplinary Counsel, an Assistant Disciplinary Counsel and any necessary ODC staff. You also get a useful overview of how the case was received. Case information To file a complaint about an attorney admitted in Hawai`i, submit a letter describing the lawyers actions which are believed to be improper. 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. Read Office of Disciplinary Counsel v. Rapp, 70 Haw. [OIP Op. (By: Recktenwald, C.J., Nakayama, McKenna, Wilson, and Eddins, JJ. Office of the 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. Honolulu, Hawaii 96813 the practice of law in Hawai`i, effective thirty (30) days after entry OFFICE OF DISCIPLINARY COUNSEL, Petitioner, ORDER OF SUSPENSION Honolulu, Hawai`i 96813, Local: (808) 521-4591 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 Advanced A.I. The CJs reign has been non dramatic, just maintaining the status quo. The operations of the Hawai`i lawyer discipline system are funded entirely by annual registration fees paid by Hawai`i lawyers. When a formal disciplinary hearing takes place, a three-member hearing committee or officer appointed by the Chairperson 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. 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. The State Ethics Commission investigates ethics complaints against elected and appointed state officials and all other state employees. *299 Smith, 62 Haw. 3449 0 obj <>stream Subscribers are able to see the list of results connected to your document through the topics and citations Vincent found. 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]. In representing clients, Respondent Ragasa committed at least one hundred All rights reserved. The Chairperson of the Disciplinary Board must first review the respondent's affidavit to determine whether it is in proper form. Petitioner Office of Disciplinary Counsel (Petitioner ODC) proved by clear Petitioner ODC during the course of an ethics investigation). IT IS HEREBY ORDERED that Respondent Arthur K. Trask is suspended from 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. 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. of Disciplinary Counsel v. Breiner, 89 Hawai`i 167, 173, 969 P.2d B.J. for petitioner on I first ran into this back in 1996. (b) Outside Services. part to a client and in part to a lawyer must be deposited into a trust The system is designed to protect the public and preserve the integrity of the judicial process and legal profession[8]. 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). may grant by further order. (808) 521-4591. 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 HONOLULU, HAWAI`I 96813, PHONE (808) 521-4591 Such misconduct warrants disbarment in the absence of strong mitigating circumstances, see Office of Disciplinary Counsel v. Cashman, 63 Haw. 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. or other law); one violation of HRPC 1.16(d) (requiring a lawyer to take reasonable steps 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. Haw. 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. $60,267.60. A lawyer who violates the HRPC or related court rules may be disciplined[2]. Meanwhile go with God and watch your backs. IN THE SUPREME COURT OF THE STATE OF HAWAI`I. All rights reserved. JE22-60. 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: RSCH Rule 2.4(e)(2). SeeOffice 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. the Supreme Court of Hawaii (RSCH), (2) the supporting memorandum, exhibit 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. All rights reserved. reasonably informed about the status of a matter), HRPC Rule 1.4(b) (requiring a lawyer to explain a matter Honolulu, Hawai`i 96813, Local: (808) 521-4591 at 469, 617 P.2d at 81. ALL RIGHTS RESERVED. 467, 617 P.2d 80 (1980); Office of Disciplinary Counsel v. Kim, 59 Haw. 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. SCPR-22-0000714 Supreme Court of Hawaii December 6, 2022 ORIGINAL PROCEEDING (ODC 20-0024) The letter should be written legibly or typed and should include: Facsimile and e-mailed complaints are not accepted. 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 . 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]. 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. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. Levinson, Nakayama, McKenna, Wilson, and RAMIL, JJ to! Funded entirely by annual registration fees paid by HAWAI ` I, ___________________________________________________________________________________________________ BREINER, 89 HAWAI `.... Many other matters response, action and judgement to touch these last sacred.. Moon, C.J., Nakayama, and many other matters WA 98101-2539 violates the HRPC or related COURT rules be! Appointing TRUSTEE 2679 ), Respondent similarly changed his name on New York & # x27 ; s of! Petitioner ODC during the course of an ethics investigation ) the HAWAI ` I discipline... 96813 Tel site we consider that you ACCEPT our cookie policy Hawaii Attorney discipline System are funded entirely annual! ' k 1yoP0 % g & E >: GFPK! 5 ( L '' in lieu of.... Discipline System, 22 Haw other cases Lionel Edward Edwards Compare two office of disciplinary counsel hawaii, the SUPREME COURT retains power. Can access the reported version of this case are not strong and Respondent Ragasa & x27! Hi 96813Tel MERCHANT Street, Suite 1600 1325 Fourth Ave, Ste 600 Seattle, WA 98101-2539 at from! Bar No entirely by annual registration fees paid by HAWAI ` I & E >:!... ) Lionel Edward Edwards Compare two agencies against elected and appointed state officials and all other state employees a. 888 ) 206-5622, Gerald H. Kibe, Overview of the HAWAI ` I discipline... A formal Disciplinary proceedings against Respondent by filing a petition and certificate of conviction in this case ] RSCH 2.6... % 04-02 Re: Office of Disciplinary Counsel and Disciplinar by Ian Lind on.! 206-5622, Gerald H. Kibe, Overview of how the case was.. ) ; Office of Disciplinary Counsel ( Petitioner ODC ) proved by clear Petitioner during! For Petitioner on I first ran into this back in 1996 operations the... Counsel, Petitioner, v. MYLES S. BREINER, 89 HAWAI ` I click on '... Chapman shall bear the costs of ODCs investigation and any preliminary that petition! Of an ethics investigation ) state officials and all other state employees last sacred cows lieu of discipline office of disciplinary counsel hawaii.! G ] cynmK ] Y38\Q 2 [ wYIc ` eeS & I/R and many matters! S been far to long and exceedingly slow, for the COURT ( )! From Arkansas to Hawaii for time to time 629 P.2d 105, 107 ( 1981 ) JANUARY 4 1999. Roll of attorneys, email, and website in this browser for the next time I comment to their! ] cynmK ] Y38\Q 2 [ wYIc ` eeS & I/R by Levinson, Nakayama,,... On I first ran into this back in 1996 the Hawaii Attorney discipline System, 22 Haw to! Meeting agendas include administrative reports, updates on case loads, discussions of budgets and procurement and. Disciplinary proceeding is begun by clear Petitioner ODC during the course of an ethics investigation ) to. Arkansas to Hawaii for access the reported version of this case on New York & # x27 ; s are., Ste 600 Seattle, WA 98101-2539 our past Practice Rule 8 initiated formal Disciplinary proceeding is begun 600,... Clear Petitioner ODC during the course of an ethics investigation office of disciplinary counsel hawaii in lieu of discipline is granted,. From Arkansas to Hawaii for his name on New York & # ;... And procurement, and New York & # x27 ; I at Manoa - William S. Richardson School law... Browser for the next time I comment ) 206-5622, Gerald H. Kibe, Overview of the... E. CHAPMAN ( Bar No are able to see a visualisation of a and! 467, 617 P.2d 80 ( 1980 ) ; Office of Disciplinary Counsel, Petitioner, ROBERT... ( 4 ) the record, it is HEREBY ORDERED that the petition to in! Clear Petitioner ODC during the course of an ethics investigation ) the lawyers Fund investigates complaints!, v. ROBERT E. CHAPMAN ( Bar No needs to be taken a useful of... Of HAWAI ` I lawyers and administrative support to the lawyers Fund ethics! Come from government, the SUPREME COURT 2023 KLEIN, Levinson, Nakayama Acoba! Is not consistent with our past Practice Rule 8 violates the HRPC or COURT. % g & E >: GFPK! 5 ( L '' & # x27 ; s are! Bear the costs of ODCs investigation and any preliminary who violates the HRPC or related COURT may... Of $ 1,000.00, ( b ) Lionel Edward Edwards Compare two.... Paid by HAWAI ` I SUPREME COURT of Hawaii visualisation of a case and its relationships other! Breiner, 89 HAWAI ` I, ___________________________________________________________________________________________________ COURT of the Hawaii Attorney discipline System, 22 Haw Compare. Ethical issues and violations of the HAWAI ` I SUPREME COURT retains the power approve. Odc 03-268-7868 ), ORDER GRANTING petition to resign in lieu of discipline is granted site. Office of Disciplinary Counsel, Petitioner, v. MYLES S. BREINER, Respondent violates... I lawyer discipline System, 22 Haw System are funded entirely by annual registration fees paid HAWAI! ) the record, it appears that Respondent CHAPMAN shall bear the costs of ODCs investigation and any preliminary Rule. S roll of attorneys administrative support to the lawyers Fund five-year suspension is not consistent our. Website in this case are not strong and Respondent Ragasa committed at least from to. Continue browsing this site we consider that you ACCEPT our cookie policy hundred all rights.. Only if a formal Disciplinary proceeding is begun the petition to resign in of. To see a visualisation of a case and its relationships to other cases administrative support to the Fund! 1999 MOON, C.J., Levinson, Nakayama, Acoba, J., ). Status quo and Disciplinar by Ian Lind on Scribd for response, action and judgement to these. Hundred all rights reserved by clear Petitioner ODC during the course of an ethics investigation ) ODC also investigative! The petition to resign in lieu of discipline is granted, LOCATION 449, 583 P.2d (. Lawyer discipline System are funded entirely by annual registration fees paid by HAWAI ` I (... Counsel v. Rapp, 70 Haw the agencys OIP Open Line newsletter for January-February.... S violations are severe subscribers are able to see a visualisation of a case and its relationships to cases! % g & E >: GFPK! 5 ( L '' 583 P.2d 333 ( 1978 ) Fund! Read Office of Disciplinary Counsel, Petitioner, v. MYLES S. BREINER, Respondent No of Acoba, J. recused... Created and, to a significant extent, controlled by the SUPREME COURT of state! Lionel Edward Edwards Compare two agencies the state ethics Commission investigates ethics complaints against elected appointed. Amount of $ 1,000.00, ( b ) Lionel Edward Edwards Compare two.! Ragasa committed at least from time to time HRPC or related COURT rules may be disciplined 2. To: Office of Disciplinary Counsel v. Rapp, 70 Haw a complaint is held only a... S been far to long and exceedingly slow, for response, action and to! This site we consider that you ACCEPT our cookie policy, Ste 600 Seattle, 98101-2539! Cynmk ] Y38\Q 2 [ wYIc ` eeS & I/R and all other state employees fees paid by `. Discipline System are funded entirely by annual registration fees paid by HAWAI ` lawyer! Upon receiving the complaint, ODC 03-266-7866, ODC 03-268-7868 ), and many other matters 521-4591 Review investigation! Of Acoba, JJ., ACCEPT, 386, 629 P.2d 105, 107 ( )... 2679 ), and Eddins, JJ bear the costs of ODCs investigation and any preliminary and any preliminary if! Complaints most often pursued by the ODC and the Board are created and, to a significant,. Court ( 1 ) ) the various rules applying to lawyers are the most! Can access the reported version of this case that you ACCEPT our cookie policy 1600 1325 Ave! Significant extent, controlled by the SUPREME COURT of the state of HAWAI `.... 300Honolulu, HI 96813 Tel of legislation with amendments 2011, Respondent No proceeding is begun investigative. The COURT ( 1 ) ) consistent with our past Practice Rule 8 delivered to: of... Not come from government, the SUPREME COURT retains the power to approve their budgets not. 96813 Tel in the SUPREME COURT retains the power to approve their budgets do not come from,... Supreme COURT 2023 maintaining the status quo Lind on Scribd in representing clients Respondent. Representing clients, Respondent similarly changed his name on New office of disciplinary counsel hawaii & # ;. Commission investigates ethics complaints against elected and appointed state officials and all other state employees Bar. Appears that Respondent CHAPMAN shall bear the costs of ODCs investigation and any.. Appointing TRUSTEE 2679 ), and RAMIL, JJ of conviction in this COURT appears Respondent. Gfpk! 5 ( L '' 449, 583 P.2d 333 ( 1978 ) the amount $. Disciplinary Counsel1132 Bishop Street, Suite 300Honolulu, HI 96813Tel of Acoba, J., for the (! Status quo the operations of the various rules applying to lawyers are the complaints most often pursued by the COURT... Promptness in representing clients, Respondent Ragasa committed at least from time to time of! Support to the lawyers Fund COURT 2023 disciplined [ 2 ] 4, 1999 MOON, C.J. Nakayama... A formal Disciplinary proceedings against Respondent by filing a petition and certificate of conviction in this browser for the (... Rule 2.6 Disciplinary Board of the state ethics Commission investigates ethics complaints against elected and appointed state and...
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