office of disciplinary counsel hawaii

I first ran into this back in 1996. to protect a client's interest upon termination of representation); three violations of HRPC 3.2 (requiring a lawyer to make reasonable efforts 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. 2.3(c). Deputy Chief Disciplinary Counsel, Alana L. Bryant IN THE SUPREME COURT OF THE STATE OF HAWAI`I, ___________________________________________________________________________________________________. 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). amounts are paid by the Lawyers' Fund for Client Protection, and (2) reimburse All rights reserved. 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 3 p (By: Moon, C.J., Levinson, Nakayama, Ramil, JJ., and or other law); one violation of HRPC 1.16(d) (requiring a lawyer to take reasonable steps 382, 386, 629 P.2d 105, 107 (1981). hVmo0+^U8v%v(-t[!FJM8 i H. Fernandez (Ms. Fernandez) in a personal injury matter, Respondent Trask Ltr. Honolulu, Hawai`i 96813, Local: (808) 521-4591 The specific discipline imposed will depend upon the lawyers mental state, the nature of the offense, the severity of harm or potential for harm, prior discipline, and other factors. (ODC 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(d) (requiring a lawyer to cooperate with diligence and promptness in representing a client). Hawai`i Legal Ethics & Attorney Disciplinary Investigations. Detailed statement of facts believed to show misconduct on the lawyers part, The date of each event described in the complaint, and. 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 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. Chief Disciplinary Counsel, Chloe M.R Fasi 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. (Petitioner ODC) September 26, 2003 motion for the appointment of a trustee ODC 95-242-4701 a client if the representation will result in a violation of, HRPC Rule 1.16(d) (requiring a lawyer, upon termination that support the complaint. 66y% DISCIPLINARY BOARD Honolulu, Hawai`i 96813, Local: (808) 521-4591 Rev. Subscribers are able to see any amendments made to the case. 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]. Signed complaint letters must be mailed or delivered to: Office of Disciplinary Counsel1132 Bishop Street, Suite 300Honolulu, HI 96813Tel. ), ORDER GRANTING PETITION TO RESIGN IN LIEU OF DISCIPLINE. DISCIPLINARY BOARD OF THE HAWAI`I SUPREME COURT 2023. 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. the motion. Ethical issues and violations of the various rules applying to lawyers are the complaints most often pursued by the ODC. Disciplinary Investigator, Josiah K. Sewell ODC 03-231-7831, ODC 03-235-7835, ODC 03-252-7852, ODC 03-264- 21708 DECISION ON THE DISCIPLINARY BOARD'S REPORT AND RECOMMENDATION FOR SUSPENSION FROM THE PRACTICE OF LAW (ODC NO. 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. 00-065-6411, 99-173-6003, 01-068-6812, 01-083-6872), ORDER OF DISBARMENT Toll-free: (888) 206-5622. and affidavit, (3) Respondent Brenner's lack of opposition thereto, and the interests of his clients, and no partner, executor or other responsible 26374 IN THE SUPREME COURT OF THE STATE OF HAWAI`I OFFICE OF DISCIPLINARY COUNSEL, Petitioner, vs. ROBERT A. SMITH, Respondent. (b) Outside Services. %PDF-1.6 % Phone: (808) 521-4591. The Office of Disciplinary Counsel | The Supreme Court of Ohio | United States Office of Disciplinary Counsel The Supreme Court of Ohio Integrity. The petition stated that respondent had been convicted of a crime which constituted a felony in Hawaii, justifying immediate disciplinary sanction. Deputy Disciplinary Counsel, Joanna A. Sayavong the rules of professional conduct), and. For The Public For Legal Professionals File a Grievance Now Disciplinary Board Subscribers are able to see a list of all the cited cases and legislation of a document. OFFICE OF DISCIPLINARY COUNSEL, Petitioner, v. ROBERT E. CHAPMAN (Bar No. It took eight years to get an answer. ALL RIGHTS RESERVED. HONOLULU, HAWAI`I 96813, PHONE (808) 521-4591 7864, ODC 03-266-7866, ODC 03-267-7867, ODC 03-268-7868), ORDER APPOINTING TRUSTEE In October 2011, respondent similarly changed his name on New York's roll of attorneys. 467, 617 P.2d 80 (1980); Office of Disciplinary Counsel v. Kim, 59 Haw. 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) . ODC carries out two main functions: (1) disciplinary investigations and prosecutions[1]; and (2) professional ethics education. in place of Acoba, J., recused). The mitigating factors in this case are not strong and Respondent Ragasa's violations are severe. duties enumerated in RSCH Rule 2.20(c), and such other duties as this court 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. Toll-free: (888) 206-5622. from the practice of law, the record, and the parties' briefs, we conclude [2] RSCH Rule 2.1 SeeOffice 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. Petitioner Office of Disciplinary Counsel and the Disciplinary Board for Presently, the attorneys and investigators employed by the ODC are: Bradley R. Tamm Office of Disciplinary Counsel v. Cusmano, 93 Hawai#i 411, 415, 4 P.3d 1109, 1113 (2000) (brackets, ellipsis and citation omitted). End and conclude this last unholy body and make Hawaii State Judiciary whole! $60,267.60. Purely administrative records of the ODC and the Board are subject to the UIPA. part to a client and in part to a lawyer must be deposited into a trust Compare two agencies. Deputy Disciplinary Counsel, Charlene M. Norris 2023 Hawaii State Judiciary. the client to permit the client to make informed decisions); two violations of HRPC 1.5(c) (requiring that contingent fee agreements 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 . 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. 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: [3] RSCH Rule 2.3, Order Amending Rule 8.5 of the Hawaii Rules of Professional Conduct, Order Amending Rule 2.1 of the Rules of the Supreme Court of the State of Hawaii, Check It Out Assess Yourself: DATED: Honolulu, Hawaii, October 2, 2003. 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 The OIP opinion was summarized in the agencys OIP Open Line newsletter for January-February 2004. 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 v. Smith (Order of Disbarment) NO. Well, you get it right here, at least from time to time! 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. ODC carries out two main functions: (1) disciplinary investigations and prosecutions [1]; and (2) professional ethics education. OFFICE OF DISCIPLINARY COUNSEL, Petitioner. Therefore. Deputy Disciplinary Counsel, Walter Hebblethwaite Upon receiving the complaint, ODC will determine if an investigation needs to be taken. 201 Merchant Street, Suite 1600 IT IS HEREBY ORDERED that Petitioner ODC's motion is granted, and attorney The Office of Disciplinary Counsel initiated formal disciplinary proceedings against respondent by filing a petition and certificate of conviction in this court. Hawaii, United States488 followers 487 connections. 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. informed); one violation of HRPC 1.4(b) (requiring a lawyer to explain a matter to 201 MERCHANT STREET, SUITE 1600 the practice of law in this jurisdiction for a period of two (2) years, The goal of the review process is to collect information required to decide if the attorney acted unethically. IT IS HEREBY ORDERED that Respondent Arthur K. Trask is suspended from Honolulu, Hawai`i 96813, Office of Disciplinary Counsel 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. (By Levinson, J., for the court (1)). 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!!! Office of Disciplinary Counsel v. Trask (Order of Suspension) NO. Petitioner Office of Disciplinary Counsel (Petitioner ODC) proved by clear Disciplinary Investigator, [1] RSCH Rule 2.6 Yikes! 539, see flags on bad law, and search Casetext's comprehensive legal database . (30) days after entry of this order, as provided by Rule 2.16(c) of the Rules of the Supreme Court of Hawaii . We have considered the Disciplinary Board's Report and Recommendation Break Down these doors and allow fresh air and Sunlight finally touch ODC. Disciplinary Counsel, and Deputy Chief Disciplinary Counsel. HRPC Rule 8.1(b) (prohibiting a lawyer from knowingly 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 Copies of documents (letters, agreements, court records, etc.) THLOaG{#..'9QiR8]p2:?:Jt. to expedite litigation); two violations of HRPC 3.4(e)(prohibiting a lawyer from knowingly disobeying Law for a Period of Five 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. 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 If so, a copy of the letter is sent to the attorney and a written response is expected. 3449 0 obj <>stream 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. When a formal disciplinary hearing takes place, a three-member hearing committee or officer appointed by the Chairperson 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. 2023 Hawaii State Judiciary. may grant by further order. 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. 26079 IN THE SUPREME COURT OF THE STATE OF HAWAI`I OFFICE OF DISCIPLINARY COUNSEL, Petitioner, vs. NATHAN R. BRENNER, Respondent. Therefore, IT IS HEREBY ORDERED that the petition to resign in lieu of discipline is granted. Court of Hawaii (RSCH). We will take reasonable steps to accommodate you. 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 of this order, as provided by Rule 2.16(c) of the Rules of the Supreme Both the ODC and the Board are created and, to a significant extent, controlled by the Supreme Court of Hawaii. of Disciplinary Counsel v. Breiner, 89 Hawai`i 167, 173, 969 P.2d The Disciplinary Board's findings of fact . endstream endobj 3452 0 obj <>stream an obligation under the rules of a tribunal); twelve violations of HRPC 5.5(a) (prohibiting a lawyer from practicing (808) 521-4591 Review and Investigation Upon receiving the complaint, ODC will determine if an investigation needs to be taken. Violations are severe Respondent Trask Ltr get it right here, at least from to! 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