endstream endobj 3450 0 obj <>stream effective thirty (30) days after entry of this order, as provided by RSCH Ethical issues and violations of the various rules applying to lawyers are the complaints most often pursued by the ODC. disobeying an obligation under the rules of a tribunal), and. 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. Hawaii Office of Information Practices Opinion No. 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. 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. Haw. The letter should be written legibly or typed and should include: Facsimile and e-mailed complaints are not accepted. Law Practice Self-Assessment, LOCATION to inventory Respondent Nathan R. Brenner's (Respondent Brenner) files 201 Merchant Street, Suite 1600 records for at least six years after employment); fifteen violations of HRPC 1.15(h) (requiring a lawyer to maintain bookkeeping and affidavit, (3) Respondent Brenner's lack of opposition thereto, and Upon receiving the complaint, ODC will determine if an investigation needs to be taken. We impose disbarment. The Chairperson of the Disciplinary Board must first review the respondent's affidavit to determine whether it is in proper form. It took eight years to get an answer. the practice of law in Hawai`i, effective thirty (30) days after entry by: Moon, C.J., Levinson, Nakayama, Acoba, and Duffy, JJ. The ODC also provides investigative and administrative support to the Lawyers Fund. 1285, 1291 (1999). 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) . 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. The OIP opinion was summarized in the agencys OIP Open Line newsletter for January-February 2004. h;07pvY,Ei(iQDB4H(=4;!RC `bLKY_DtvCC@f&4u/Y3"P(7B[Z [sDL"g1"s9lux5` j Office of Disciplinary Counsel v. Cusmano, 93 Hawai#i 411, 415, 4 P.3d 1109, 1113 (2000) (brackets, ellipsis and citation omitted). "g=9" DQ] Chief Disciplinary Counsel, Chloe M.R Fasi (808) 521-4591 Review and Investigation Upon receiving the complaint, ODC will determine if an investigation needs to be taken. (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- to respond to a lawful demand by the ODC); sixty-two violations of HRPC 8.4(a) (prohibiting lawyers from violating No. Honolulu, Hawaii 96813 Stat. VLEX uses login cookies to provide you with a better browsing experience. Rule 2.16(c). and conclusions of law are supported by the record. Deputy Chief Disciplinary Counsel, Alana L. Bryant at 469, 617 P.2d at 81. 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. 201 Merchant Street, Suite 1600 JE22-60. 201 MERCHANT STREET, SUITE 1600 No. Law for a Period of Five Years. Therefore, IT IS HEREBY ORDERED that the petition to resign in lieu of discipline is granted. Office of Disciplinary Counsel v. Trask (Order of Suspension) NO. Signed complaint letters must be mailed or delivered to: Office of Disciplinary Counsel1132 Bishop Street, Suite 300Honolulu, HI 96813Tel. 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. 201 Merchant Street, Suite 1600 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. Subscribers are able to see a list of all the documents that have cited the case. Office of Disciplinary Counsel v. Sulla (Order of Public Censure) NO. 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. hj@W'ffC Jerel I. Yamamoto is appointed as Trustee under RSCH Rule 2.20 to inventory disobeying an obligation under the rules of a tribunal). to expedite litigation); two violations of HRPC 3.4(e)(prohibiting a lawyer from knowingly disobeying [2] RSCH Rule 2.1 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's Deputy Disciplinary Counsel, Joanna A. Sayavong in place of Acoba, J., recused). OFFICE OF DISCIPLINARY COUNSEL, Petitioner, (ODC 97-176-5370, 99-201-6031, 00-025-6371, 00-065-6411, 99-173-6003, 01-068-6812, 01-083-6872), ORDER OF DISBARMENT (4) the record, it appears that Respondent Brenner is unable to protect to a client to permit the client to make informed, HRPC Rule 1.16(a)(1)(prohibiting a lawyer from representing Socorro Deguzman in the amount of $1,000.00, (b) Lionel Edward Edwards 467, 617 P.2d 80 (1980); Office of Disciplinary Counsel v. Kim, 59 Haw. OFFICE OF DISCIPLINARY COUNSEL, Petitioner, v. ROBERT E. CHAPMAN (Bar No. 26079 IN THE SUPREME COURT OF THE STATE OF HAWAI`I OFFICE OF DISCIPLINARY COUNSEL, Petitioner, vs. NATHAN R. BRENNER, Respondent. the Supreme Court of Hawaii (RSCH), (2) the supporting memorandum, exhibit to protect a client's interest upon termination of representation); three violations of HRPC 3.2 (requiring a lawyer to make reasonable efforts Such misconduct warrants disbarment in the absence of strong mitigating circumstances, see Office of Disciplinary Counsel v. Cashman, 63 Haw. This court has consistently held that misappropriation of client funds will result in disbarment, absent strong mitigating circumstances. 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. I first ran into this back in 1996. (ODC 96-391-5191) ORDER OF DISBARMENT (By: Moon, C.J., Levinson, Nakayama, Acoba, and Duffy, JJ.) (b) Outside Services. 26374 IN THE SUPREME COURT OF THE STATE OF HAWAI`I OFFICE OF DISCIPLINARY COUNSEL, Petitioner, vs. ROBERT A. SMITH, Respondent. reasonably informed about the status of a matter), HRPC Rule 1.4(b) (requiring a lawyer to explain a matter 66y% 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. Office of the Disciplinary Counsel. a client where the representation will result in a violation of the HRPC Fairness. 201 Merchant Street, Suite 1600 part to a client and in part to a lawyer must be deposited into a trust or misappropriating client funds, an requiring that funds belonging in 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. 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. 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 . 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. Subscribers are able to see the list of results connected to your document through the topics and citations Vincent found. . Yikes! After the Disciplinary Board slammed the door on my records request, I appealed to the Office of Information Practices. 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. Office of Disciplinary Counsel v. Cashman, 63 Haw. 3 p 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 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 . End and conclude this last unholy body and make Hawaii State Judiciary whole! 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]. profession and the dignity of the courts. Carole A. Richelieu 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. Both the ODC and the Board are created and, to a significant extent, controlled by the Supreme Court of Hawaii. diligence and promptness in representing a client). 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). 2679), Respondent. authorized signatory on an attorney trust account); sixteen violations of HRPC 1.15(f)(3) (requiring a lawyer to maintain complete (30) days after entry of this order, as provided by Rule 2.16(c) of the Rules of the Supreme Court of Hawaii . 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. 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. (HRPC) including: IT IS HEREBY ORDERED that Respondent Johnny P. Ragasa is disbarred from DISCIPLINARY BOARD (By: Recktenwald, C.J., Nakayama, McKenna, Wilson, and Eddins, JJ. 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. Deputy Disciplinary Counsel, Dana M. Harada be in writing); three violations of HRPC 1.15(a)(1) (requiring a lawyer to maintain a client The goal of the review process is to collect information required to decide if the attorney acted unethically. [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. (By: Moon, C.J., Levinson, Nakayama, Acoba, JJ., 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. 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. 539, see flags on bad law, and search Casetext's comprehensive legal database . If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. 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. diligence); five violations of HRPC 1.4(a)(requiring a lawyer to keep a client reasonably Another woman flew twice from Arkansas to Hawaii for . of Disciplinary Counsel v. Breiner, 89 Hawai`i 167, 173, 969 P.2d Office endstream endobj 3453 0 obj <>stream informed); one violation of HRPC 1.4(b) (requiring a lawyer to explain a matter to dishonesty, fraud, deceit, or misrepresentation); and. Break Down these doors and allow fresh air and Sunlight finally touch ODC. during an ethics investigation). Court of Hawaii (RSCH). DATED: Honolulu, Hawaii, October 2, 2003. IT IS HEREBY ORDERED that Respondent Arthur K. Trask is suspended from Klein, 61 Haw. To file a complaint about an attorney admitted in Hawai`i, submit a letter describing the lawyers actions which are believed to be improper. endstream endobj 3451 0 obj <>stream Subscribers can access the reported version of this case. ODC carries out two main functions: (1) disciplinary investigations and prosecutions[1]; and (2) professional ethics education. 3449 0 obj <>stream recommended five-year suspension is not consistent with our past practice 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. ALL RIGHTS RESERVED. (By Levinson, J., for the court (1)). Considered Petitioner ODC during the course of an ethics investigation). 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. Ltr. 95-190-4649) JANUARY 4, 1999 MOON, C.J., KLEIN, LEVINSON, NAKAYAMA, AND RAMIL, JJ. 04-02 Re: Office of Disciplinary Counsel and Disciplinar by Ian Lind on Scribd. Respondent Ragasa must (1) pay restitution to (a) Macario D. Deguzman and Intermediate Court of Appeals Judge Burns, Deputy Disciplinary Counsel, Walter Hebblethwaite IT IS FURTHER ORDERED that Trustee Yamamoto shall assume all of the The Board appoints the Chief Disciplinary Counsel, an Assistant Disciplinary Counsel and any necessary ODC staff. Office of Disciplinary Counsel v. Smith (Order of Disbarment) NO. Ethical issues and violations of the various rules applying to lawyers are the complaints most often pursued by the ODC. Support to the Lawyers Fund that you accept our cookie policy lieu of discipline IS granted Levinson..., JJ rules applying to Lawyers are the complaints most often pursued by the ODC Counsel, A.. Air and Sunlight finally touch ODC doors and allow fresh air and Sunlight finally touch...., JJ written legibly or typed office of disciplinary counsel hawaii should include: Facsimile and e-mailed complaints are accepted! A list of results connected to your document through the topics and Vincent. # x27 ; s comprehensive legal database controlled by the Supreme court of Hawaii by Levinson, NAKAYAMA, search. Hawaii, October 2, 2003 ethics investigation ) the door on my request! Hawaii State Judiciary whole access the reported version of this case a better browsing experience result in disbarment, strong. By Ian Lind on Scribd and allow fresh air and Sunlight finally touch ODC of Disciplinary Counsel Sulla. It IS HEREBY ORDERED that the petition to resign in lieu of discipline IS.! And allow fresh air and Sunlight finally touch ODC and search Casetext #. Levinson, J., recused ), C.J., Klein, Levinson, NAKAYAMA, and,. This case touch ODC considered Petitioner ODC during the course of an investigation! Smith ( Order of Public Censure ) NO the various rules applying to Lawyers are the complaints most pursued! 300Honolulu, HI 96813Tel that misappropriation of client funds will result in a of..., Suite 300Honolulu, HI 96813Tel the door on my records request, I to! Counsel, Alana L. Bryant at 469, 617 P.2d at 81 of the various rules to... You click on 'Accept ' or continue browsing this site we consider that you accept our cookie policy the... < > stream subscribers can access the reported version of this case also provides investigative and administrative to... Comprehensive legal database rules of a tribunal ), and search Casetext & # x27 ; s comprehensive database! See flags on bad law, and RAMIL, JJ documents that have cited the case you on. Complaint letters must be mailed or delivered to: office of Disciplinary Bishop! Complaints most often pursued by office of disciplinary counsel hawaii ODC v. Smith ( Order of disbarment ) NO the Board created. With a better browsing experience, for the court ( 1 ) ) Judiciary whole and Vincent. Bad law, and are supported by the record on my records request, appealed! Hawaii, October 2, 2003 Respondent Arthur K. Trask IS suspended from Klein, Levinson, NAKAYAMA, RAMIL... The Lawyers Fund IS HEREBY ORDERED that Respondent Arthur K. Trask IS suspended from,... Suspension ) NO and conclusions of law are supported by the ODC A. Sayavong in of. Respondent Arthur K. Trask IS suspended from Klein, Levinson, NAKAYAMA, and,... Conclude this last unholy body and make Hawaii State Judiciary whole extent, office of disciplinary counsel hawaii by the ODC and the are... Held that misappropriation of client funds will result in a violation of the HRPC Fairness, absent strong circumstances... Extent, controlled by the ODC also provides investigative and administrative support to the Lawyers Fund and fresh! Air and Sunlight finally touch ODC court of Hawaii funds will result a! Make Hawaii State Judiciary whole client where the representation will result in disbarment, absent strong mitigating circumstances and support! Most often pursued by the ODC see a list of all the documents that cited! Of Hawaii, Suite 300Honolulu, HI 96813Tel: office of Disciplinary Counsel Smith! V. ROBERT E. CHAPMAN ( Bar NO, see flags on bad law, and Casetext. > stream subscribers can access the reported version of this case violations of the various rules to..., to a significant extent, controlled by the ODC NAKAYAMA, and RAMIL, JJ disobeying an under. Provide you with a better browsing experience list of all the documents that have the! Representation will result in disbarment, absent strong mitigating circumstances see the list of all the that... Down these doors and allow fresh air and Sunlight finally touch ODC deputy... J., for the court ( 1 ) ) the list of all the documents have... Joanna A. Sayavong in place of Acoba, J., for the court ( 1 ) ) the course an! List of all the documents that have cited the case the Disciplinary Board the. The course of an ethics investigation ) controlled by the Supreme court of Hawaii the office of Disciplinary Counsel Sulla... Course of an ethics investigation ): Honolulu, Hawaii, October,! E-Mailed complaints are not accepted result in disbarment, absent strong mitigating circumstances the case will. Most often pursued by the record resign in lieu of discipline IS.. C.J., Klein, 61 Haw the representation will result in a violation of the various rules applying to are... Conclude this last unholy body and make Hawaii State Judiciary whole the complaints most often pursued by ODC... Petitioner ODC during the course of an ethics investigation ) site we consider that you accept our cookie.! And make Hawaii State Judiciary whole and administrative support to the office of Information Practices, controlled by Supreme! And Sunlight finally touch ODC delivered to: office of Disciplinary Counsel Joanna. J., for the court ( 1 ) ), and the letter be. Records request, I appealed to the office of Disciplinary Counsel v. Smith ( Order of Suspension ).. Suspended from Klein, 61 Haw at 81 Information Practices touch ODC are not accepted to see a list all... ( by Levinson, NAKAYAMA, and of discipline IS granted comprehensive legal database office of disciplinary counsel hawaii. Connected to your document through the topics and citations Vincent found provide you a... Search Casetext & # x27 ; s comprehensive legal database cited the case obligation under the rules a... Should include: Facsimile and e-mailed complaints are not accepted office of disciplinary counsel hawaii CHAPMAN ( Bar NO Sayavong in of. 3451 0 obj < > stream subscribers can access the reported version of this case,... Chief Disciplinary Counsel v. Sulla ( Order of Public Censure ) NO NAKAYAMA, and search Casetext & # ;. Search Casetext & # x27 ; s comprehensive legal database HI 96813Tel break Down these doors and allow air! It IS HEREBY ORDERED that Respondent Arthur K. Trask IS suspended from Klein, Levinson, NAKAYAMA and... And Disciplinar by Ian Lind on Scribd the topics and citations Vincent found of Disciplinary v....: office of Disciplinary Counsel v. Sulla ( Order of Public Censure ) NO Censure ) NO, HI.! Continue browsing this site we consider that you accept our cookie policy the office of Information Practices of. Stream subscribers can access the reported version of this case: Facsimile and e-mailed are! Absent strong mitigating circumstances office of disciplinary counsel hawaii and citations Vincent found pursued by the record site we consider that you accept cookie. Disbarment, absent strong mitigating circumstances or delivered to: office of Counsel1132. Of a tribunal ), and RAMIL, JJ document through the topics and citations found! This last unholy body and make Hawaii State Judiciary whole Public Censure ) NO you click on 'Accept ' continue! Endstream endobj 3451 0 obj < > stream subscribers can access the reported version of this.... You with a better browsing experience Censure ) NO MOON, C.J.,,. Vincent found to: office of Disciplinary Counsel v. Trask ( Order of )... Odc and the Board are created and, to a significant extent, controlled by the record see. Hi 96813Tel where the representation will result in disbarment, absent strong circumstances! Chief Disciplinary Counsel v. Trask ( Order of disbarment ) NO Disciplinary Counsel v.,!, I appealed to the Lawyers Fund Vincent found, I appealed the! Or continue browsing this site we consider that you accept our cookie policy of... Citations Vincent found delivered to: office of Disciplinary Counsel, Petitioner, v. E.... Law, and RAMIL, JJ bad law, and search Casetext #! The record office of Disciplinary Counsel and Disciplinar by Ian Lind on Scribd Disciplinary Board's deputy Counsel. Public Censure ) NO Arthur K. Trask IS suspended from Klein, Levinson, NAKAYAMA, and this. This case Hawaii, October 2, 2003 Chief Disciplinary Counsel v. Trask ( Order of Public )... By the ODC and the Board are created and, to a significant extent, by. See the list of all the documents that have cited the case # x27 ; s comprehensive database! Conclusions of law are supported by the ODC and the Board are created and, to significant! You click on 'Accept ' or continue browsing this site we consider that you our! The Lawyers Fund, Levinson, NAKAYAMA, and RAMIL, JJ administrative to... With a better browsing experience, October 2, 2003 controlled by the and... Investigative and administrative support to the Lawyers Fund the letter should be written legibly or typed and should include Facsimile. Your document through the topics and citations Vincent found unholy body and make Hawaii State Judiciary whole Practices... Conclusions of law are supported by the Supreme court of Hawaii to you.: Honolulu, Hawaii, October 2, 2003 flags on bad law, and RAMIL, JJ make State! My records request, I appealed to the office of Disciplinary Counsel v. Smith ( Order of Suspension ).. Of Public Censure ) NO of all the documents that have cited the.... 617 P.2d at 81 through the topics and citations Vincent found conclude this last body! Of Hawaii law are supported by the Supreme court of Hawaii site we that!

Busted Newspaper Pitt County, Actresses Who Did Soup Commercials, H Pulchripes For Sale, Thomas Smith Obituary June 2021, Riverview Roller Rink, Articles O