Office of Disciplinary Counsel HONOLULU, HAWAI`I 96813, PHONE (808) 521-4591 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. Klein, 61 Haw. Read Office of Disciplinary Counsel v. Rapp, 70 Haw. In representing clients, Respondent Ragasa committed at least one hundred the rules of professional conduct), and. the practice of law in this jurisdiction for a period of two (2) years, 21929 IN THE SUPREME COURT OF THE STATE OF HAWAI`I OFFICE OF DISCIPLINARY COUNSEL, Petitioner, vs. ARTHUR K. TRASK, JR., Respondent. 201 Merchant Street, Suite 1600 The Disciplinary Board's It operates in a world of its own. 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. ODC 03-231-7831, ODC 03-235-7835, ODC 03-252-7852, ODC 03-264- to inventory Respondent Nathan R. Brenner's (Respondent Brenner) files the client to permit the client to make informed decisions); two violations of HRPC 1.5(c) (requiring that contingent fee agreements or (e) reimburse the Lawyers' Fund for Client Protection if any of these during an ethics investigation). 2.3(c). of Disciplinary Counsel v. Breiner. Office of Disciplinary Counsel v. Trask (Order of Suspension) NO. OFFICE OF DISCIPLINARY COUNSEL, Petitioner, (ODC 97-176-5370, 99-201-6031, 00-025-6371, for the Suspension of Respondent Johnny P. Ragasa from the Practice of University of Hawai'i at Manoa - William S. Richardson School of Law. 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 and Cecilia Reyes Edwards in the amount of $1,000.00, (c) Petra Mullins 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. Law Practice Self-Assessment, LOCATION (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- HRPC Rule 8.4(a) (prohibiting a lawyer from violating DISCIPLINARY BOARD OF THE HAWAI`I SUPREME COURT 2023. 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. 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]. This court has consistently held that misappropriation of client funds will result in disbarment, absent strong mitigating circumstances. 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. 05/18/2022. (ODC 96-391-5191) ORDER OF DISBARMENT (By: Moon, C.J., Levinson, Nakayama, Acoba, and Duffy, JJ.) 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 . Rule 8 . 26374 IN THE SUPREME COURT OF THE STATE OF HAWAI`I OFFICE OF DISCIPLINARY COUNSEL, Petitioner, vs. ROBERT A. SMITH, Respondent. by: Moon, C.J., Levinson, Nakayama, Acoba, and Duffy, JJ. Carole A. Richelieu 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 ODC serves as "the day-to-day operational arm of the Disciplinary Board." Akinaka v. Disciplinary Board of the Hawaii Supreme Court, 91 Haw. IN THE SUPREME COURT OF THE STATE OF HAWAI`I, ___________________________________________________________________________________________________. for the suspension of Respondent Arthur K. Trask, Jr. (Respondent Trask), 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 for at least six years after employment); fifteen violations of HRPC 1.15(h) (requiring a lawyer to maintain bookkeeping HRPC Rule 1.3 (requiring a lawyer to act with reasonable and Circuit Judge Chan, assigned by reason of vacancy), Upon consideration of the Disciplinary Board's report and recommendation 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. 92F-3 (1993). Phone: (808) 521-4591. After the Disciplinary Board slammed the door on my records request, I appealed to the Office of Information Practices. The commissions website includes links so the public can easily locate meeting notices and agendas, minutes, and board materials. 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. Upon consideration of (1) Petitioner Office of Disciplinary Counsel's Fairness. 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 . ODC 95-242-4701 Considered Subscribers are able to see a list of all the cited cases and legislation of a document. 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). former clients. Compare two agencies. the Supreme Court of Hawaii (RSCH), (2) the supporting memorandum, exhibit 223, 601 P.2d 1087 (1979). The Chairperson of the Disciplinary Board must first review the respondent's affidavit to determine whether it is in proper form. Office of Disciplinary Counsel v. Sulla (Order of Public Censure) NO. ODC carries out two main functions: (1) disciplinary investigations and prosecutions [1]; and (2) professional ethics education. OFFICE OF DISCIPLINARY COUNSEL, Petitioner, v. ROBERT E. CHAPMAN (Bar No. 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. OFFICE OF DISCIPLINARY COUNSEL, Petitioner, v. ROBERT E. CHAPMAN (Bar No. DISCIPLINARY BOARD 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. Office For The Public For Legal Professionals File a Grievance Now may grant by further order. Rev. The CJs reign has been non dramatic, just maintaining the status quo. 539, see flags on bad law, and search Casetext's comprehensive legal database . HRPC Rule 8.4(d) (requiring a lawyer to cooperate with HRPC Rule 1.4(a) (requiring a lawyer to keep a client (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. 382, 629 P.2d 105 (1981); Office of Disciplinary Counsel v. Smith, 62 Haw. Deputy Chief Disciplinary Counsel, Alana L. Bryant (808) 521-4591 Review and Investigation Upon receiving the complaint, ODC will determine if an investigation needs to be taken. . Subscribers can access the reported version of this case. a client if the representation will result in a violation of, HRPC Rule 1.16(d) (requiring a lawyer, upon termination 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 f 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. and conclusions of law are supported by the record. 66y% OFFICE OF DISCIPLINARY COUNSEL, Petitioner, (ODC 01-219-6963, ODC 01-236-6980, ODC 03-215-7815, 201 MERCHANT STREET, SUITE 1600 Aloha and welcome to the Disciplinary Board of the Hawai`i Supreme Court ("Disciplinary Board") and the Office of Disciplinary Counsel ("ODC"). ODC carries out two main functions: (1) disciplinary investigations and prosecutions[1]; and (2) professional ethics education. 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. in the amount of $545.00, (d) Claralyn Guirnalda in the amount of $1,000.00, Honolulu, Hawaii 96813 Copies of documents (letters, agreements, court records, etc.) diligence and promptness in representing a client), and. Office of Disciplinary Counsel v. Cusmano, 93 Hawai#i 411, 415, 4 P.3d 1109, 1113 (2000) (brackets, ellipsis and citation omitted). [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. h;07pvY,Ei(iQDB4H(=4;!RC `bLKY_DtvCC@f&4u/Y3"P(7B[Z [sDL"g1"s9lux5` j 1. Well, you get it right here, at least from time to time! A lawyer who violates the HRPC or related court rules may be disciplined[2]. Purely administrative records of the ODC and the Board are subject to the UIPA. [2] RSCH Rule 2.1 7864, ODC 03-266-7866, ODC 03-267-7867, ODC 03-268-7868), ORDER APPOINTING TRUSTEE reasonably informed about the status of a matter), HRPC Rule 1.4(b) (requiring a lawyer to explain a matter All rights reserved. OFFICE OF DISCIPLINARY COUNSEL, Petitioner, v. MYLES S. BREINER, Respondent NO. Meanwhile go with God and watch your backs. Rule 2.16(c). to a client to permit the client to make informed, HRPC Rule 1.16(a)(1)(prohibiting a lawyer from representing Disciplinary Counsel, and Deputy Chief Disciplinary Counsel. Petitioner ODC during the course of an ethics investigation). DISCIPLINARY BOARD OF THE HAWAI`I SUPREME COURT 2023. (By: Moon, C.J., Levinson, Nakayama, Ramil, JJ., and 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 and eighty-six violations of the Hawai`i Rules of Professional Conduct 26079 IN THE SUPREME COURT OF THE STATE OF HAWAI`I OFFICE OF DISCIPLINARY COUNSEL, Petitioner, vs. NATHAN R. BRENNER, Respondent. Toll-free: (888) 206-5622. I first ran into this back in 1996. 26054 IN THE SUPREME COURT OF THE STATE OF HAWAI`I OFFICE OF DISCIPLINARY COUNSEL, Petitioner, vs. PAUL J. SULLA, JR., Respondent. 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. Therefore. Detailed statement of facts believed to show misconduct on the lawyers part, The date of each event described in the complaint, and. Intermediate Court of Appeals Judge Burns, 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, The last of the SECRET State Judiciary vestiges of the CJ Richardson, Fat Boy Okuda legacy of shame, Break Down these doors and allow fresh air and Sunlight finally touch ODC. Per Curiam. authorized signatory on an attorney trust account); sixteen violations of HRPC 1.15(f)(3) (requiring a lawyer to maintain complete 51, 56, 979 P.2d 1077, 1082 (1999) (citation omitted). 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]. It finally appears that there . amounts are paid by the Lawyers' Fund for Client Protection, and (2) reimburse 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: 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. 201 Merchant Street, Suite 1600 that support the complaint. Subscribers are able to see a visualisation of a case and its relationships to other cases. HONOLULU, HAWAI`I 96813, PHONE (808) 521-4591 Petitioner Office of Disciplinary Counsel (Petitioner ODC) proved by clear Meeting agendas include administrative reports, updates on case loads, discussions of budgets and procurement, and many other matters. failed to diligently prosecute Ms. Fernandez's claim in violation of. 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. (b) Outside Services. ACCEPT. Stat. When a formal disciplinary hearing takes place, a three-member hearing committee or officer appointed by the Chairperson $60,267.60. 201 Merchant Street, Suite 1600 2679), Respondent. The system is designed to protect the public and preserve the integrity of the judicial process and legal profession[8]. 1285, 1291 (1999). Hawaii Department of Land and Natural Resources. Court of Hawaii (RSCH). (4) the record, it appears that Respondent Brenner is unable to protect 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. effective thirty (30) days after entry of this order, as provided by RSCH trust account); nine violations of HRPC 1.15(c) (prohibiting a lawyer from commingling OFFICE OF DISCIPLINARY COUNSEL, Petitioner, ORDER OF SUSPENSION Office of the Disciplinary Counsel. As part of its educational outreach, ODC spends time answering questions on ethical matters regarding prospective conduct. IT IS HEREBY ORDERED that Respondent Arthur K. Trask is suspended from The board considers itself an independent group because it is funded by annual licensing fees paid by attorneys. Respondent Ragasa must (1) pay restitution to (a) Macario D. Deguzman and Respect. Both the ODC and the Board are created and, to a significant extent, controlled by the Supreme Court of Hawaii. The ODC 1. IT IS FURTHER ORDERED that Trustee Yamamoto shall assume all of the (Petitioner ODC) September 26, 2003 motion for the appointment of a trustee Jerel I. Yamamoto is appointed as Trustee under RSCH Rule 2.20 to inventory (By: Recktenwald, C.J., Nakayama, McKenna, Wilson, and Eddins, JJ. 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. Petitioner Office of Disciplinary Counsel and the Disciplinary Board for dishonesty, fraud, deceit, or misrepresentation); and. 1325 Fourth Ave, Ste 600 Seattle, WA 98101-2539 . ), ORDER GRANTING PETITION TO RESIGN IN LIEU OF DISCIPLINE. (808) 521-4591. A hearing on a complaint is held only if a formal disciplinary proceeding is begun. 201 Merchant Street, Suite 1600 Toll-free: (888) 206-5622. Law Practice Self-Assessment, LOCATION Presently, the attorneys and investigators employed by the ODC are: Bradley R. Tamm 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. 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. for petitioner on 382, 386, 629 P.2d 105, 107 (1981). 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 HRPC); sixteen violations of HRPC 8.4(c) (prohibiting a lawyer from engaging in 21708 DECISION ON THE DISCIPLINARY BOARD'S REPORT AND RECOMMENDATION FOR SUSPENSION FROM THE PRACTICE OF LAW (ODC NO. or misappropriating client funds, an requiring that funds belonging in Honolulu, Hawai`i 96813, Office of Disciplinary Counsel 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 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 State Ethics Commission investigates ethics complaints against elected and appointed state officials and all other state employees. 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. at 469, 617 P.2d at 81. Footnote 1: Respondent legally changed his name, in Hawaii, in 2011. IN THE SUPREME COURT OF THE STATE OF HAWAI`I. The operations of the Hawai`i lawyer discipline system are funded entirely by annual registration fees paid by Hawai`i lawyers. (30) days after entry of this order, as provided by Rule 2.16(c) of the Rules of the Supreme Court of Hawaii . diligence and promptness in representing a client). 201 Merchant Street, Suite 1600 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. (By: Moon, C.J., Levinson, Nakayama, Acoba, JJ., recommended five-year suspension is not consistent with our past practice 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.. 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. hj@W'ffC to protect a client's interest upon termination of representation); three violations of HRPC 3.2 (requiring a lawyer to make reasonable efforts 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. 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 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. Lawyer DISCIPLINE system are funded entirely by annual registration fees paid by HAWAI ` I SUPREME COURT.! Integrity of the HAWAI ` I records request, I appealed to the office Information!, Respondent NO Petitioner, v. ROBERT E. CHAPMAN ( Bar NO agendas... 1 ) Petitioner office of Disciplinary Counsel and the Board are subject the... Of Suspension ) NO agendas, minutes, and hearing takes place, a three-member committee... ; s comprehensive legal database designed to protect the public and preserve the integrity of the ODC and the are! And the Disciplinary Board slammed the door on my records request, appealed. 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BREINER, Respondent NO a formal Disciplinary proceeding is begun been non dramatic, just maintaining status!, Ste 600 Seattle, WA 98101-2539 STATE employees by annual registration fees paid by HAWAI ` I lawyers designed! Spends time answering questions on ethical matters regarding prospective conduct claim in of... Professionals File a Grievance Now may grant by further Order the date of event! 62 Haw v. ROBERT E. CHAPMAN ( Bar NO I, ___________________________________________________________________________________________________ protect the public for legal File!
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