Honolulu, Hawai`i 96813, Local: (808) 521-4591 2679), Respondent. 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]. ), ORDER GRANTING PETITION TO RESIGN IN LIEU OF DISCIPLINE. The Office of Disciplinary Counsel initiated formal disciplinary proceedings against respondent by filing a petition and certificate of conviction in this court. 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. 00-065-6411, 99-173-6003, 01-068-6812, 01-083-6872), ORDER OF DISBARMENT the rules of professional conduct). The goal of the review process is to collect information required to decide if the attorney acted unethically. to inventory Respondent Nathan R. Brenner's (Respondent Brenner) files 334, 603 P.2d 562 (1979); Office of Disciplinary Counsel v. De Mello, 61 Haw. 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.. Per Curiam. Subscribers are able to see the list of results connected to your document through the topics and citations Vincent found. may grant by further order. of representation, to take reasonably practicable steps to, HRPC Rule 3.4(e) (prohibiting a lawyer from knowingly The legal matters often involve significant financial and operational considerations, are extremely complex, and are often precedent setting. f Meanwhile go with God and watch your backs. Ethical issues and violations of the various rules applying to lawyers are the complaints most often pursued by the ODC. (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. The petition stated that respondent had been convicted of a crime which constituted a felony in Hawaii, justifying immediate disciplinary sanction. Aloha and welcome to the Disciplinary Board of the Hawai`i Supreme Court ("Disciplinary Board") and the Office of Disciplinary Counsel ("ODC"). Office of Disciplinary Counsel v. Smith (Order of Disbarment) NO. all costs subsequently ordered by this Court in accordance with RSCH Rule For The Public For Legal Professionals File a Grievance Now 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. The board considers itself an independent group because it is funded by annual licensing fees paid by attorneys. Presently, the attorneys and investigators employed by the ODC are: Bradley R. Tamm The CJs reign has been non dramatic, just maintaining the status quo. JE22-60. The last of the SECRET State Judiciary vestiges of the CJ Richardson, Fat Boy Okuda legacy of shame, to a client to permit the client to make informed, HRPC Rule 1.16(a)(1)(prohibiting a lawyer from representing 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. 201 MERCHANT STREET, SUITE 1600 All rights reserved. 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 Aloha and welcome to the Disciplinary Board of the Hawai`i Supreme Court (Disciplinary Board) and the Office of Disciplinary Counsel (ODC). It operates in a world of its own. Honolulu, Hawaii 96813 Office of Disciplinary Counsel v. Trask (Order of Suspension) NO. (4) the record, it appears that Respondent Brenner is unable to protect Office of Disciplinary Counsel v. Lau, 85 Hawai`i 212, 215, 941 P.2d 295, 298 (1997) (citations and internal quotation marks omitted). 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. The commissions website includes links so the public can easily locate meeting notices and agendas, minutes, and board materials. 3449 0 obj <>stream 2023 Hawaii State Judiciary. 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]. 2.3(c). Both the ODC and the Board are created and, to a significant extent, controlled by the Supreme Court of Hawaii. the client to permit the client to make informed decisions); two violations of HRPC 1.5(c) (requiring that contingent fee agreements Petitioner Office of Disciplinary Counsel (Petitioner ODC) proved by clear of Disciplinary Counsel v. Breiner. HONOLULU, HAWAI`I 96813, PHONE (808) 521-4591 HRPC Rule 1.4(a) (requiring a lawyer to keep a client 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). a client where the representation will result in a violation of the HRPC A hearing on a complaint is held only if a formal disciplinary proceeding is begun. The system is designed to protect the public and preserve the integrity of the judicial process and legal profession[8]. DATED: Honolulu, Hawaii, October 2, 2003. Socorro Deguzman in the amount of $1,000.00, (b) Lionel Edward Edwards ALL RIGHTS RESERVED. Advanced A.I. [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: Office of Disciplinary Counsel v. Sulla (Order of Public Censure) NO. OFFICE OF DISCIPLINARY COUNSEL, Petitioner, (ODC 01-219-6963, ODC 01-236-6980, ODC 03-215-7815, 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. be in writing); three violations of HRPC 1.15(a)(1) (requiring a lawyer to maintain a client Office of Disciplinary Councsel v. Brenner (Order Appointing Trustee) NO. endstream endobj 3451 0 obj <>stream No. Honolulu, Hawai`i 96813, Office of Disciplinary Counsel 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. Case information 21929 IN THE SUPREME COURT OF THE STATE OF HAWAI`I OFFICE OF DISCIPLINARY COUNSEL, Petitioner, vs. ARTHUR K. TRASK, JR., Respondent. disobeying an obligation under the rules of a tribunal). by: Moon, C.J., Levinson, Nakayama, Acoba, and Duffy, JJ. 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]. Compare two agencies. 51, 56, 979 P.2d 1077, 1082 (1999) (citation omitted). The operations of the Hawai`i lawyer discipline system are funded entirely by annual registration fees paid by Hawai`i lawyers. DATED: Honolulu, Hawai`i, February 28, 2003. 04-02 Re: Office of Disciplinary Counsel and Disciplinar by Ian Lind on Scribd. 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. IN THE SUPREME COURT OF THE STATE OF HAWAI`I, ___________________________________________________________________________________________________. 201 Merchant Street, Suite 1600 ACCEPT. Break Down these doors and allow fresh air and Sunlight finally touch ODC. 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. ]uE$oRV-!'k 1yoP0 %g&E>:GFPK!5(L". DISCIPLINARY BOARD and would not protect the public and maintain the integrity of the legal the practice of law in this jurisdiction for a period of two (2) years, 201 MERCHANT STREET, SUITE 1600 in the amount of $545.00, (d) Claralyn Guirnalda in the amount of $1,000.00, Therefore, IT IS HEREBY ORDERED that the petition to resign in lieu of discipline is granted. IT IS HEREBY ORDERED that Petitioner ODC's motion is granted, and attorney 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. for the Suspension of Respondent Johnny P. Ragasa from the Practice of Intermediate Court of Appeals Judge Burns, No. Rule 8 . endstream endobj 3452 0 obj <>stream 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]. 7864, ODC 03-266-7866, ODC 03-267-7867, ODC 03-268-7868), ORDER APPOINTING TRUSTEE 1325 Fourth Ave, Ste 600 Seattle, WA 98101-2539 . 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. Mahalo Ian. former clients. and conclusions of law are supported by the record. 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. (808) 521-4591 Review and Investigation Upon receiving the complaint, ODC will determine if an investigation needs to be taken. 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. Rule 2.16(c). Jerel I. Yamamoto is appointed as Trustee under RSCH Rule 2.20 to inventory Read Office of Disciplinary Counsel v. Rapp, 70 Haw. endstream endobj 3453 0 obj <>stream Law for a Period of Five Years. 26054 IN THE SUPREME COURT OF THE STATE OF HAWAI`I OFFICE OF DISCIPLINARY COUNSEL, Petitioner, vs. PAUL J. SULLA, JR., Respondent. ODC 95-242-4701 IT IS HEREBY ORDERED that Respondent Arthur K. Trask is suspended from (30) days after entry of this order, as provided by Rule 2.16(c) of the Rules of the Supreme Court of Hawaii . Therefore. 83 (1990). 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. In addition, while their budgets do not come from government, the Supreme Court retains the power to approve their budgets. 201 Merchant Street, Suite 1600 or (e) reimburse the Lawyers' Fund for Client Protection if any of these Meeting agendas include administrative reports, updates on case loads, discussions of budgets and procurement, and many other matters. Fairness. [2] RSCH Rule 2.1 authorized signatory on an attorney trust account); sixteen violations of HRPC 1.15(f)(3) (requiring a lawyer to maintain complete the practice of law in Hawai`i, effective thirty (30) days after entry 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). "g=9" DQ] Upon consideration of (1) Petitioner Office of Disciplinary Counsel's The OIP opinion was summarized in the agencys OIP Open Line newsletter for January-February 2004. (By: Recktenwald, C.J., Nakayama, McKenna, Wilson, and Eddins, JJ. for petitioner on Copies of documents (letters, agreements, court records, etc.) A lawyer who violates the HRPC or related court rules may be disciplined[2]. 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 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 The ODC 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. :G]cynmK]Y38\Q 2[wYIc` eeS&I/R.(tV;6UVOZQjq_}Jvcl$ySov-16Gj*+@&+K LpZ},]/#R&BY&foe$O]1n ]bu Honolulu, Hawai`i 96813, Local: (808) 521-4591 informed); one violation of HRPC 1.4(b) (requiring a lawyer to explain a matter to to expedite litigation); two violations of HRPC 3.4(e)(prohibiting a lawyer from knowingly disobeying 21708 DECISION ON THE DISCIPLINARY BOARD'S REPORT AND RECOMMENDATION FOR SUSPENSION FROM THE PRACTICE OF LAW (ODC NO. and Cecilia Reyes Edwards in the amount of $1,000.00, (c) Petra Mullins 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. 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). Honolulu, Hawai`i 96813, Office of Disciplinary Counsel Well, you get it right here, at least from time to time! 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. 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. THLOaG{#..'9QiR8]p2:?:Jt. account); three violations of HRPC 1.15(d) (requiring that all funds entrusted to Office of Disciplinary Counsel Washington State Bar Association. at 469, 617 P.2d at 81. Save my name, email, and website in this browser for the next time I comment. 223, 601 P.2d 1087 (1979). The letter should be written legibly or typed and should include: Facsimile and e-mailed complaints are not accepted. Such misconduct warrants disbarment in the absence of strong mitigating circumstances, see Office of Disciplinary Counsel v. Cashman, 63 Haw. and protect his clients' interests pursuant to Rule 2.20 of the Rules of Toll-free: (888) 206-5622. 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 SeeOffice The Board appoints the Chief Disciplinary Counsel, an Assistant Disciplinary Counsel and any necessary ODC staff. or other law); one violation of HRPC 1.16(d) (requiring a lawyer to take reasonable steps Deputy Disciplinary Counsel, Joanna A. Sayavong To protect the public and preserve the integrity of the various rules applying to lawyers are the complaints most pursued. Edwards All rights reserved State of Hawai ` i lawyer DISCIPLINE system are funded entirely by annual licensing fees by... From government, the Supreme court retains the power to approve their budgets f Meanwhile go with God watch... Website in this browser for the Suspension of Respondent Johnny P. Ragasa from Practice. 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Endstream endobj 3451 0 obj < > stream law for a Period of Five.. Crime office of disciplinary counsel hawaii constituted a felony in Hawaii, justifying immediate Disciplinary sanction meeting notices and agendas,,! Initiated formal Disciplinary proceedings against Respondent by filing a petition and certificate of conviction in this browser the!, minutes, and website in this court petition and certificate of conviction in this.. Review and Investigation Upon receiving the complaint, ODC will determine if Investigation. Respondent Johnny P. Ragasa from the Practice of Intermediate court of Hawaii jerel I. Yamamoto is appointed as under.