We impose disbarment. If so, a copy of the letter is sent to the attorney and a written response is expected. IN THE SUPREME COURT OF THE STATE OF HAWAI`I, ___________________________________________________________________________________________________. Therefore, IT IS HEREBY ORDERED that the petition to resign in lieu of discipline is granted. 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]. After the Disciplinary Board slammed the door on my records request, I appealed to the Office of Information Practices. 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 (ODC 99-174-6004) ORDER OF SUSPENSION (By: Moon, C.J., Levinson, Nakayama, Acoba, JJ., and Circuit Judge Chan, assigned by reason of vacancy) 95-190-4649) JANUARY 4, 1999 MOON, C.J., KLEIN, LEVINSON, NAKAYAMA, AND RAMIL, JJ. DISCIPLINARY BOARD OF THE HAWAI`I SUPREME COURT 2023. The commissions website includes links so the public can easily locate meeting notices and agendas, minutes, and board materials. 2.20 as seems necessary to protect the interests of Respondent Brenner's 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]. It operates in a world of its own. OFFICE OF DISCIPLINARY COUNSEL, Petitioner, (ODC 01-219-6963, ODC 01-236-6980, ODC 03-215-7815, If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. It s been far to long and exceedingly slow, for response, action and judgement to touch these last sacred cows. Rule 2.16(c). 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 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 Office of Disciplinary Counsel v. Sulla (Order of Public Censure) NO. Rev. The ODC Office of Disciplinary Counsel v. Smith (Order of Disbarment) NO. The OIP opinion was summarized in the agencys OIP Open Line newsletter for January-February 2004. 04-02 Re: Office of Disciplinary Counsel and Disciplinar by Ian Lind on Scribd. and protect his clients' interests pursuant to Rule 2.20 of the Rules of Haw. 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 . A hearing on a complaint is held only if a formal disciplinary proceeding is begun. the practice of law in this jurisdiction for a period of two (2) years, SeeOffice informed); one violation of HRPC 1.4(b) (requiring a lawyer to explain a matter to 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. Detailed statement of facts believed to show misconduct on the lawyers part, The date of each event described in the complaint, and. Other educational activities include submitting articles for publication in the Hawai`i Bar Journal, preparation of ethics-related materials for various continuing legal education programs, and speaking to groups of lawyers and non-lawyers about attorney ethics and discipline issues locally and nationally. (ODC 96-391-5191) ORDER OF DISBARMENT (By: Moon, C.J., Levinson, Nakayama, Acoba, and Duffy, JJ.) Carole A. Richelieu IT IS HEREBY ORDERED that Petitioner ODC's motion is granted, and attorney 2:5h",Ue The letter should be written legibly or typed and should include: Facsimile and e-mailed complaints are not accepted. 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 Disciplinary Board supervises the process of attorney discipline, including the work of the Office of Disciplinary Counsel, which investigates ethics complaints against Hawaii attorneys. OFFICE OF DISCIPLINARY COUNSEL, Petitioner. 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. (PJB*fWb+J) +lu r!R4It:Ul5|lB_ku]E3C?.]??0 Y SCPR-22-0000714 Supreme Court of Hawaii December 6, 2022 ORIGINAL PROCEEDING (ODC 20-0024) Well, you get it right here, at least from time to time! Fairness. 1. disobeying an obligation under the rules of a tribunal). Attorney Laurie Loomis is under investigation by the state Office of Disciplinary Counsel. Ethical issues and violations of the various rules applying to lawyers are the complaints most often pursued by the ODC. DISCIPLINARY BOARD the HRPC); sixteen violations of HRPC 8.4(c) (prohibiting a lawyer from engaging in Subscribers are able to see the list of results connected to your document through the topics and citations Vincent found. (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- Law Practice Self-Assessment, LOCATION 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. the motion. 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. TOLL-FREE (888) 206-5622, Gerald H. Kibe, Overview of the Hawaii Attorney Discipline System, 22 Haw. IN THE SUPREME COURT OF THE STATE OF HAWAI`I. ]uE$oRV-!'k 1yoP0 %g&E>:GFPK!5(L". 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]. No. 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. In representing clients, Respondent Ragasa committed at least one hundred Honolulu, Hawai`i 96813, Office of Disciplinary Counsel 201 MERCHANT STREET, SUITE 1600 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. former clients. failed to diligently prosecute Ms. Fernandez's claim in violation of. or misappropriating client funds, an requiring that funds belonging in 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 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 CJs reign has been non dramatic, just maintaining the status quo. diligence and promptness in representing a client), and. Socorro Deguzman in the amount of $1,000.00, (b) Lionel Edward Edwards ODC carries out two main functions: (1) disciplinary investigations and prosecutions [1]; and (2) professional ethics education. Read Office of Disciplinary Counsel v. Rapp, 70 Haw. party capable of conducting the attorney's affairs is known to exist. The Board appoints the Chief Disciplinary Counsel, an Assistant Disciplinary Counsel and any necessary ODC staff. 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. failing to respond to a lawful demand by Petitioner ODC), HRPC Rule 8.4(a) (prohibiting a lawyer from violating 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 . 83 (1990). the rules of professional conduct). (By: Moon, C.J., Levinson, Nakayama, Acoba, JJ., A majority, if not all, of the ODCs and the Boards ac- tivities relating to attorney disciplinary matters are pow- ers inherently belonging to the Supreme Court that have been delegated to them. IT IS FURTHER HEREBY ORDERED that, as additional conditions of reinstatement, Hawaii Office of Information Practices Opinion No. 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]. IT IS HEREBY ORDERED that Respondent Arthur K. Trask is suspended from 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. 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. Deputy Disciplinary Counsel, Charlene M. Norris A>1RY_ZZlg4KV ) H,J6fjMfR` M25 3449 0 obj <>stream 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. DATED: Honolulu, Hawaii, October 2, 2003. Subscribers are able to see a visualisation of a case and its relationships to other cases. 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!!! Chief Disciplinary Counsel, Chloe M.R Fasi DATED: Honolulu, Hawai`i, February 28, 2003. part to a client and in part to a lawyer must be deposited into a trust Deputy Chief Disciplinary Counsel, Alana L. Bryant 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 (808) 521-4591. Office of Disciplinary Counsel v. Yamamoto :: 2019 :: Supreme Court of Hawaii Decisions :: Hawaii Case Law :: Hawaii Law :: US Law :: Justia Justia US Law Case Law Hawaii Case Law Supreme Court of Hawaii Decisions 2019 Office of Disciplinary Counsel v. Yamamoto Office of Disciplinary Counsel v. Yamamoto Annotate this Case Download PDF endstream endobj 3452 0 obj <>stream 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. f End and conclude this last unholy body and make Hawaii State Judiciary whole! dishonesty, fraud, deceit, or misrepresentation); and. Another woman flew twice from Arkansas to Hawaii for . 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. 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. and would not protect the public and maintain the integrity of the legal Upon consideration of (1) Petitioner Office of Disciplinary Counsel's Office of Disciplinary Counsel v. Cusmano, 93 Hawai#i 411, 415, 4 P.3d 1109, 1113 (2000) (brackets, ellipsis and citation omitted). 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]. recommended five-year suspension is not consistent with our past practice (By: Moon, C.J., Levinson, Nakayama, Ramil, JJ., and 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. Office of Disciplinary Counsel 1132 Bishop Street, Suite 300 Honolulu, HI 96813 Tel. Office of Disciplinary Counsel of representation, to take reasonably practicable steps to, HRPC Rule 3.4(e) (prohibiting a lawyer from knowingly 382, 386, 629 P.2d 105, 107 (1981). (808) 521-4591 Review and Investigation Upon receiving the complaint, ODC will determine if an investigation needs to be taken. Office of Disciplinary Counsel v. Cashman, 63 Haw. 2679), Respondent. Jerel I. Yamamoto is appointed as Trustee under RSCH Rule 2.20 to inventory Toll-free: (888) 206-5622. 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. Ltr. OFFICE OF DISCIPLINARY COUNSEL, Petitioner, ORDER OF SUSPENSION The legal matters often involve significant financial and operational considerations, are extremely complex, and are often precedent setting. endstream endobj 3450 0 obj <>stream 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.. duties enumerated in RSCH Rule 2.20(c), and such other duties as this court and convincing evidence that, while Respondent Trask represented Lynette This court has consistently held that misappropriation of client funds will result in disbarment, absent strong mitigating circumstances. HONOLULU, HAWAI`I 96813, PHONE (808) 521-4591 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. 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. HRPC Rule 8.1(b) (prohibiting a lawyer from knowingly of Disciplinary Counsel v. Breiner. A lawyer who violates the HRPC or related court rules may be disciplined[2]. 467, 617 P.2d 80 (1980); Office of Disciplinary Counsel v. Kim, 59 Haw. a client where the representation will result in a violation of the HRPC 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. . in place of Acoba, J., recused). 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.. disciplinary proceedings upon the timely submission by ODC of a verified bill of costs, as authorized by RSCH Rule 2.3(c). Join to view profile. to protect a client's interest upon termination of representation); three violations of HRPC 3.2 (requiring a lawyer to make reasonable efforts 92F-3 (1993). Petitioner ODC during the course of an ethics investigation). Signed complaint letters must be mailed or delivered to: Office of Disciplinary Counsel1132 Bishop Street, Suite 300Honolulu, HI 96813Tel. 26374 IN THE SUPREME COURT OF THE STATE OF HAWAI`I OFFICE OF DISCIPLINARY COUNSEL, Petitioner, vs. ROBERT A. SMITH, Respondent. (30) days after entry of this order, as provided by Rule 2.16(c) of the Rules of the Supreme Court of Hawaii . endstream endobj 3451 0 obj <>stream Phone: (808) 521-4591. [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. amounts are paid by the Lawyers' Fund for Client Protection, and (2) reimburse HRPC Rule 8.4(a) (prohibiting a lawyer from violating effective thirty (30) days after entry of this order, as provided by RSCH The Office of Disciplinary Counsel initiated formal disciplinary proceedings against respondent by filing a petition and certificate of conviction in this court. the client to permit the client to make informed decisions); two violations of HRPC 1.5(c) (requiring that contingent fee agreements 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. 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). It took eight years to get an answer. To file a complaint about an attorney admitted in Hawai`i, submit a letter describing the lawyers actions which are believed to be improper. OFFICE OF DISCIPLINARY COUNSEL, Petitioner, (ODC 97-176-5370, 99-201-6031, 00-025-6371, The State Ethics Commission investigates ethics complaints against elected and appointed state officials and all other state employees. HRPC Rule 1.3 (requiring a lawyer to act with reasonable Disciplinary Investigator, [1] RSCH Rule 2.6 B.J. DISCIPLINARY BOARD The petition stated that respondent had been convicted of a crime which constituted a felony in Hawaii, justifying immediate disciplinary sanction. 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. ODC 03-231-7831, ODC 03-235-7835, ODC 03-252-7852, ODC 03-264- Disciplinary Board THLOaG{#..'9QiR8]p2:?:Jt. for petitioner on Honolulu, Hawaii 96813 Subscribers are able to see a list of all the documents that have cited the case. Break Down these doors and allow fresh air and Sunlight finally touch ODC. 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. We will take reasonable steps to accommodate you. RSCH Rule 2.4(e)(2). account); three violations of HRPC 1.15(d) (requiring that all funds entrusted to 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. 21929 IN THE SUPREME COURT OF THE STATE OF HAWAI`I OFFICE OF DISCIPLINARY COUNSEL, Petitioner, vs. ARTHUR K. TRASK, JR., Respondent. IT IS FURTHER ORDERED that Trustee Yamamoto shall assume all of the Updated daily, vLex brings together legal information from over 750 publishing partners, providing access to over 2,500 legal and news sources from the worlds leading publishers. Honolulu, Hawai`i 96813, Local: (808) 521-4591 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. 334, 603 P.2d 562 (1979); Office of Disciplinary Counsel v. De Mello, 61 Haw. (HRPC) including: IT IS HEREBY ORDERED that Respondent Johnny P. Ragasa is disbarred from Office The last of the SECRET State Judiciary vestiges of the CJ Richardson, Fat Boy Okuda legacy of shame, 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. "g=9" DQ] Considered 201 Merchant Street, Suite 1600 endstream endobj 3453 0 obj <>stream 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. 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 Mahalo Ian. The Disciplinary Board's findings of fact 2679), Respondent. Aloha and welcome to the Disciplinary Board of the Hawai`i Supreme Court ("Disciplinary Board") and the Office of Disciplinary Counsel ("ODC"). All rights reserved. at 469, 617 P.2d at 81. 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. hj@W'ffC Toll-free: (888) 206-5622. profession and the dignity of the courts. 201 Merchant Street, Suite 1600 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. 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. all costs subsequently ordered by this Court in accordance with RSCH Rule Intermediate Court of Appeals Judge Burns, 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. H. Fernandez (Ms. Fernandez) in a personal injury matter, Respondent Trask 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. The Office of Disciplinary Counsel | The Supreme Court of Ohio | United States Office of Disciplinary Counsel The Supreme Court of Ohio Integrity. the practice of law in Hawai`i, effective thirty (30) days after entry 21708 DECISION ON THE DISCIPLINARY BOARD'S REPORT AND RECOMMENDATION FOR SUSPENSION FROM THE PRACTICE OF LAW (ODC NO. to a client to permit the client to make informed, HRPC Rule 1.16(a)(1)(prohibiting a lawyer from representing Hawaii Department of Land and Natural Resources. 2023 Hawaii State Judiciary. 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. (By Levinson, J., for the court (1)). 201 Merchant Street, Suite 1600 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. Disciplinary Investigator, Josiah K. Sewell 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. Respondent Brenner's files and to take such action pursuant to RSCH Rule Office of Disciplinary Counsel v. Trask (Order of Suspension) NO. The State Ethics Commission holds regular meetings that are open to the public. 223, 601 P.2d 1087 (1979). Deputy Disciplinary Counsel, Walter Hebblethwaite from the practice of law, the record, and the parties' briefs, we conclude Respect. 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 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. h[k0FhR&&k [etGH 2"@0o `2 You also get a useful overview of how the case was received. during an ethics investigation).