the rules of professional conduct), and. DISCIPLINARY BOARD 26374 IN THE SUPREME COURT OF THE STATE OF HAWAI`I OFFICE OF DISCIPLINARY COUNSEL, Petitioner, vs. ROBERT A. SMITH, Respondent. HRPC Rule 8.1(b) (prohibiting a lawyer from knowingly (By: Moon, C.J., Levinson, Nakayama, Ramil, JJ., and IT IS FURTHER ORDERED that Respondent Chapman shall bear the costs of ODCs investigation and any preliminary. For The Public For Legal Professionals File a Grievance Now Haw. informed); one violation of HRPC 1.4(b) (requiring a lawyer to explain a matter to (By: Recktenwald, C.J., Nakayama, McKenna, Wilson, and Eddins, JJ. 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. Lau, 85 Hawai`i 212, 215, 941 P.2d 295, 298 (1997) (citations and internal quotation marks omitted). It s been far to long and exceedingly slow, for response, action and judgement to touch these last sacred cows. part to a client and in part to a lawyer must be deposited into a trust University of Hawai'i at Manoa - William S. Richardson School of Law. 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. When a formal disciplinary hearing takes place, a three-member hearing committee or officer appointed by the Chairperson Therefore, IT IS HEREBY ORDERED that the petition to resign in lieu of discipline is granted. 334, 603 P.2d 562 (1979); Office of Disciplinary Counsel v. De Mello, 61 Haw. account); three violations of HRPC 1.15(d) (requiring that all funds entrusted to 3449 0 obj <>stream 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: Read Office of Disciplinary Counsel v. Rapp, 70 Haw. DATED: Honolulu, Hawaii, October 2, 2003. Court of Hawaii (RSCH). 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. H. Fernandez (Ms. Fernandez) in a personal injury matter, Respondent Trask Law for a Period of Five Years. diligence and promptness in representing a client). Intermediate Court of Appeals Judge Burns, HONOLULU, HAWAI`I 96813, PHONE (808) 521-4591 ), ORDER GRANTING PETITION TO RESIGN IN LIEU OF DISCIPLINE. 2679), Respondent. The Office of Disciplinary Counsel initiated formal disciplinary proceedings against respondent by filing a petition and certificate of conviction in this court. OFFICE OF DISCIPLINARY COUNSEL, Petitioner, v. MYLES S. BREINER, Respondent NO. Office of Disciplinary Counsel 1132 Bishop Street, Suite 300 Honolulu, HI 96813 Tel. Disciplinary Investigator, Josiah K. Sewell a client where the representation will result in a violation of the HRPC 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. Hawai`i Legal Ethics & Attorney Disciplinary Investigations. 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. Respect. and Circuit Judge Chan, assigned by reason of vacancy), Upon consideration of the Disciplinary Board's report and recommendation $60,267.60. duties enumerated in RSCH Rule 2.20(c), and such other duties as this court ODC 95-242-4701 51, 56, 979 P.2d 1077, 1082 (1999) (citation omitted). 00-065-6411, 99-173-6003, 01-068-6812, 01-083-6872), ORDER OF DISBARMENT 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 interests of his clients, and no partner, executor or other responsible 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. of representation, to take reasonably practicable steps to, HRPC Rule 3.4(e) (prohibiting a lawyer from knowingly 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. 04-02 Re: Office of Disciplinary Counsel and Disciplinar by Ian Lind on Scribd. Office of Disciplinary Councsel v. Brenner (Order Appointing Trustee) 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. dishonesty, fraud, deceit, or misrepresentation); and. former clients. B.J. A hearing on a complaint is held only if a formal disciplinary proceeding is begun. 201 Merchant Street, Suite 1600 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. and would not protect the public and maintain the integrity of the legal ALL RIGHTS RESERVED. endstream endobj 3450 0 obj <>stream endstream endobj 3451 0 obj <>stream Stat. of this order, as provided by Rule 2.16(c) of the Rules of the Supreme Ethical issues and violations of the various rules applying to lawyers are the complaints most often pursued by the ODC. of Disciplinary Counsel v. Breiner, 89 Hawai`i 167, 173, 969 P.2d Ltr. Ethical issues and violations of the various rules applying to lawyers are the complaints most often pursued by the ODC. As part of its educational outreach, ODC spends time answering questions on ethical matters regarding prospective conduct. Honolulu, Hawai`i 96813, Local: (808) 521-4591 Petitioner Office of Disciplinary Counsel and the Disciplinary Board for :G]cynmK]Y38\Q 2[wYIc` eeS&I/R.(tV;6UVOZQjq_}Jvcl$ySov-16Gj*+@&+K LpZ},]/#R&BY&foe$O]1n ]bu 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). (By: Moon, C.J., Levinson, Nakayama, Acoba, JJ., Meanwhile go with God and watch your backs. DATED: Honolulu, Hawai`i, February 28, 2003. Chief Disciplinary Counsel, Chloe M.R Fasi OFFICE OF DISCIPLINARY COUNSEL, Petitioner, (ODC 97-176-5370, 99-201-6031, 00-025-6371, Therefore. Carole A. Richelieu IN THE SUPREME COURT OF THE STATE OF HAWAI`I. 3 p and affidavit, (3) Respondent Brenner's lack of opposition thereto, and Disciplinary Investigator, [1] RSCH Rule 2.6 (808) 521-4591 Review and Investigation Upon receiving the complaint, ODC will determine if an investigation needs to be taken. 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. 21929 IN THE SUPREME COURT OF THE STATE OF HAWAI`I OFFICE OF DISCIPLINARY COUNSEL, Petitioner, vs. ARTHUR K. TRASK, JR., Respondent. and protect his clients' interests pursuant to Rule 2.20 of the Rules of 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 trust account); nine violations of HRPC 1.15(c) (prohibiting a lawyer from commingling 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. . Law Practice Self-Assessment, LOCATION In representing clients, Respondent Ragasa committed at least one hundred Subscribers can access the reported version of this case. 223, 601 P.2d 1087 (1979). 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. Footnote 1: Respondent legally changed his name, in Hawaii, in 2011. Subscribers are able to see a visualisation of a case and its relationships to other cases. 92F-3 (1993). The mitigating factors in this case are not strong and Respondent Ragasa's violations are severe. 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. 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. Honolulu, Hawai`i 96813, Local: (808) 521-4591 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 The Board appoints the Chief Disciplinary Counsel, an Assistant Disciplinary Counsel and any necessary ODC staff. Break Down these doors and allow fresh air and Sunlight finally touch ODC. Copies of documents (letters, agreements, court records, etc.) Respondent Brenner's files and to take such action pursuant to RSCH Rule The CJs reign has been non dramatic, just maintaining the status quo. ALL RIGHTS RESERVED. ACCEPT. (4) the record, it appears that Respondent Brenner is unable to protect 1. 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]. 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]. 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!!! Attorney Laurie Loomis is under investigation by the state Office of Disciplinary Counsel. the practice of law in Hawai`i, effective thirty (30) days after entry endstream endobj 3453 0 obj <>stream Honolulu, Hawai`i 96813, Office of Disciplinary Counsel IN THE SUPREME COURT OF THE STATE OF HAWAI`I. Such misconduct warrants disbarment in the absence of strong mitigating circumstances, see Office of Disciplinary Counsel v. Cashman, 63 Haw. HRPC Rule 8.4(d) (requiring a lawyer to cooperate with 382, 629 P.2d 105 (1981); Office of Disciplinary Counsel v. Smith, 62 Haw. 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. (30) days after entry of this order, as provided by Rule 2.16(c) of the Rules of the Supreme Court of Hawaii . All rights reserved. of Disciplinary Counsel v. Breiner. 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. OFFICE OF DISCIPLINARY COUNSEL, Petitioner, ORDER OF SUSPENSION Case information Deputy Disciplinary Counsel, Walter Hebblethwaite and eighty-six violations of the Hawai`i Rules of Professional Conduct 2679), Respondent. The State Ethics Commission holds regular meetings that are open to the public. ODC 03-231-7831, ODC 03-235-7835, ODC 03-252-7852, ODC 03-264- failed to diligently prosecute Ms. Fernandez's claim in violation of. Office of Disciplinary Counsel v. Cusmano, 93 Hawai#i 411, 415, 4 P.3d 1109, 1113 (2000) (brackets, ellipsis and citation omitted). disobeying an obligation under the rules of a tribunal). 201 Merchant Street, Suite 1600 [2] RSCH Rule 2.1 The ODC also provides investigative and administrative support to the Lawyers' Fund. SCPR-22-0000714 Supreme Court of Hawaii December 6, 2022 ORIGINAL PROCEEDING (ODC 20-0024) 2:5h",Ue Upon receiving the complaint, ODC will determine if an investigation needs to be taken. The OIP opinion was summarized in the agencys OIP Open Line newsletter for January-February 2004. Hawaii Chief Justice Mark Recktenwald, Has the power and Authority, as Leader of the third branch of State Government. HRPC Rule 3.4(e) (prohibiting a lawyer from knowingly DISCIPLINARY BOARD Honolulu, Hawaii 96813 It operates in a world of its own. 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. Purely administrative records of the ODC and the Board are subject to the UIPA. 05/18/2022. Subscribers are able to see the list of results connected to your document through the topics and citations Vincent found. (808) 521-4591. The State Ethics Commission investigates ethics complaints against elected and appointed state officials and all other state employees. effective thirty (30) days after entry of this order, as provided by RSCH 83 (1990). Subscribers are able to see the revised versions of legislation with amendments. We will take reasonable steps to accommodate you. (HRPC) including: IT IS HEREBY ORDERED that Respondent Johnny P. Ragasa is disbarred from 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. Deputy Disciplinary Counsel, Joanna A. Sayavong Office of Disciplinary Counsel v. Trask (Order of Suspension) NO. IT IS FURTHER ORDERED that Trustee Yamamoto shall assume all of the to expedite litigation); two violations of HRPC 3.4(e)(prohibiting a lawyer from knowingly disobeying 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.. IT IS FURTHER HEREBY ORDERED that, as additional conditions of reinstatement, be in writing); three violations of HRPC 1.15(a)(1) (requiring a lawyer to maintain a client [OIP Op. HONOLULU, HAWAI`I 96813, PHONE (808) 521-4591 h;07pvY,Ei(iQDB4H(=4;!RC `bLKY_DtvCC@f&4u/Y3"P(7B[Z [sDL"g1"s9lux5` j Aloha and welcome to the Disciplinary Board of the Hawai`i Supreme Court ("Disciplinary Board") and the Office of Disciplinary Counsel ("ODC"). 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 Yikes! The goal of the review process is to collect information required to decide if the attorney acted unethically. diligence); five violations of HRPC 1.4(a)(requiring a lawyer to keep a client reasonably After the Disciplinary Board slammed the door on my records request, I appealed to the Office of Information Practices. authorized signatory on an attorney trust account); sixteen violations of HRPC 1.15(f)(3) (requiring a lawyer to maintain complete records for at least six years after employment); fifteen violations of HRPC 1.15(h) (requiring a lawyer to maintain bookkeeping Deputy Disciplinary Counsel, Dana M. Harada Rev. (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- OFFICE OF DISCIPLINARY COUNSEL, Petitioner. 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. (Petitioner ODC) September 26, 2003 motion for the appointment of a trustee 2.20 as seems necessary to protect the interests of Respondent Brenner's IT IS HEREBY ORDERED that Petitioner ODC's motion is granted, and attorney 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 DISCIPLINARY BOARD OF THE HAWAI`I SUPREME COURT 2023. Toll-free: (888) 206-5622. In October 2011, respondent similarly changed his name on New York's roll of attorneys. Rule 2.16(c). The legal matters often involve significant financial and operational considerations, are extremely complex, and are often precedent setting. V. MYLES S. BREINER, Respondent similarly changed his name on New York & # x27 ; roll... 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