may grant by further order. Subscribers are able to see the revised versions of legislation with amendments. 2679), Respondent. 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. Another woman flew twice from Arkansas to Hawaii for . Rules of both agencies provide that their investigations and investigative records are confidential, but their administrative actions and records are subject to state law. for the suspension of Respondent Arthur K. Trask, Jr. (Respondent Trask), 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. disobeying an obligation under the rules of a tribunal). The legal matters often involve significant financial and operational considerations, are extremely complex, and are often precedent setting. duties enumerated in RSCH Rule 2.20(c), and such other duties as this court End and conclude this last unholy body and make Hawaii State Judiciary whole! HRPC Rule 8.4(d) (requiring a lawyer to cooperate with 2.20 as seems necessary to protect the interests of Respondent Brenner's diligence and promptness in representing a client), and. Office of Disciplinary Counsel v. Trask (Order of Suspension) NO. profession and the dignity of the courts. Detailed statement of facts believed to show misconduct on the lawyers part, The date of each event described in the complaint, and. Disciplinary Board 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 IS HEREBY ORDERED that Petitioner ODC's motion is granted, and attorney 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. Honolulu, Hawai`i 96813, Local: (808) 521-4591 h2621W0P0623R05 informed); one violation of HRPC 1.4(b) (requiring a lawyer to explain a matter to Save my name, email, and website in this browser for the next time I comment. for petitioner on The State Ethics Commission investigates ethics complaints against elected and appointed state officials and all other state employees. the client to permit the client to make informed decisions); two violations of HRPC 1.5(c) (requiring that contingent fee agreements to expedite litigation); two violations of HRPC 3.4(e)(prohibiting a lawyer from knowingly disobeying Honolulu, Hawaii 96813 ACCEPT. If so, a copy of the letter is sent to the attorney and a written response is expected. Subscribers are able to see a visualisation of a case and its relationships to other cases. Therefore, IT IS HEREBY ORDERED that the petition to resign in lieu of discipline is granted. 201 Merchant Street, Suite 1600 201 MERCHANT STREET, SUITE 1600 539, see flags on bad law, and search Casetext's comprehensive legal database . IT IS HEREBY ORDERED that Respondent Arthur K. Trask is suspended from If so, a copy of the letter is sent to the attorney and a written response is expected. 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). an obligation under the rules of a tribunal); twelve violations of HRPC 5.5(a) (prohibiting a lawyer from practicing 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). (By: Moon, C.J., Levinson, Nakayama, Acoba, JJ., As I recall, ODC did not provide any documents despite the OIP opinion. For more information, contact: Office of Disciplinary Counsel 1132 Bishop Street, Suite 300 Honolulu, Hawaii 96813 Phone: (808) 521-4591, Fishermen find remains of missing man inside shark, Man arrested after search warrant executed at Waikiki cannabis kiosk, 'The Other Side of Paradise' with Lynn Kawano, KHNLPUBLICFILE@HAWAIINEWSNOW.COM (808) 847-3246, KGMBPUBLICFILE@HAWAIINEWSNOW.COM (808) 847-3246, KFVEPUBLICFILE@HAWAIINEWSNOW.COM (808) 847-3246, KSIXPUBLICFILE@HAWAIINEWSNOW.COM (808) 847-3246, KOGGPUBLICFILE@HAWAIINEWSNOW.COM (808) 847-3246. failing to respond to a lawful demand by Petitioner ODC), HRPC Rule 8.4(a) (prohibiting a lawyer from violating Purely administrative records of the ODC and the Board are subject to the UIPA. 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.. Such misconduct warrants disbarment in the absence of strong mitigating circumstances, see Office of Disciplinary Counsel v. Cashman, 63 Haw. OFFICE OF DISCIPLINARY COUNSEL, Petitioner, ORDER OF SUSPENSION (ODC 99-174-6004) ORDER OF SUSPENSION (By: Moon, C.J., Levinson, Nakayama, Acoba, JJ., and Circuit Judge Chan, assigned by reason of vacancy) (PJB*fWb+J) +lu r!R4It:Ul5|lB_ku]E3C?.]??0 Y to respond to a lawful demand by the ODC); sixty-two violations of HRPC 8.4(a) (prohibiting lawyers from violating The Disciplinary Board's reasonably informed about the status of a matter), HRPC Rule 1.4(b) (requiring a lawyer to explain a matter 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]. effective thirty (30) days after entry of this order, as provided by RSCH FnE% The ODC and the Board are not subject to the UIPA insofar as they perform, on behalf of the Hawaii Supreme Court, the Courts nonadministra- tive functions of disciplining attorneys because the UIPAs definition of agency excludes the nonadministrative functions of the courts. authorized signatory on an attorney trust account); sixteen violations of HRPC 1.15(f)(3) (requiring a lawyer to maintain complete 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. HONOLULU, HAWAI`I 96813, PHONE (808) 521-4591 26079 IN THE SUPREME COURT OF THE STATE OF HAWAI`I OFFICE OF DISCIPLINARY COUNSEL, Petitioner, vs. NATHAN R. BRENNER, Respondent. A lawyer who violates the HRPC or related court rules may be disciplined[2]. Law Practice Self-Assessment, LOCATION You also get a useful overview of how the case was received. ODC 03-231-7831, ODC 03-235-7835, ODC 03-252-7852, ODC 03-264- As part of its educational outreach, ODC spends time answering questions on ethical matters regarding prospective conduct. h[k0FhR&&k [etGH 2"@0o `2 Petitioner Office of Disciplinary Counsel and the Disciplinary Board for 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!!! HRPC Rule 8.4(a) (prohibiting a lawyer from violating 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. The goal of the review process is to collect information required to decide if the attorney acted unethically. records of all funds coming into the lawyer's possession); seventeen violations of HRPC 1.15(g) (requiring a lawyer to maintain financial 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. Chief Disciplinary Counsel, Chloe M.R Fasi the interests of his clients, and no partner, executor or other responsible It operates in a world of its own. B.J. [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. The Office of Disciplinary Counsel initiated formal disciplinary proceedings against respondent by filing a petition and certificate of conviction in this court. Therefore. 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. Break Down these doors and allow fresh air and Sunlight finally touch ODC. Hawai`i Legal Ethics & Attorney Disciplinary Investigations. Carole A. Richelieu the rules of professional conduct), and. of Disciplinary Counsel v. Breiner. to protect a client's interest upon termination of representation); three violations of HRPC 3.2 (requiring a lawyer to make reasonable efforts 1285, 1291 (1999). All rights reserved. 1. Considered Office of Disciplinary Counsel v. Sulla (Order of Public Censure) NO. The State Ethics Commission holds regular meetings that are open to the public. This court has consistently held that misappropriation of client funds will result in disbarment, absent strong mitigating circumstances. and protect his clients' interests pursuant to Rule 2.20 of the Rules of 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 diligence and promptness in representing a client). a client where the representation will result in a violation of the HRPC JE22-60. 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. DISCIPLINARY BOARD No. 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. IT IS FURTHER ORDERED that Trustee Yamamoto shall assume all of the Advanced A.I. be in writing); three violations of HRPC 1.15(a)(1) (requiring a lawyer to maintain a client Read Office of Disciplinary Counsel v. Rapp, 70 Haw. Disciplinary Board the rules of professional conduct). VLEX uses login cookies to provide you with a better browsing experience. (ODC 03-206-7806) ORDER OF PUBLIC CENSURE (By: Moon, C.J., Levinson, Nakayama, Acoba, and Duffy, JJ.) 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. HONOLULU, HAWAI`I 96813, PHONE (808) 521-4591 (By: Recktenwald, C.J., Nakayama, McKenna, Wilson, and Eddins, JJ. 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. All rights reserved. Join to view profile. 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. 467, 617 P.2d 80 (1980); Office of Disciplinary Counsel v. Kim, 59 Haw. 51, 56, 979 P.2d 1077, 1082 (1999) (citation omitted). Office of Disciplinary Counsel Washington State Bar Association. Phone: (808) 521-4591. The operations of the Hawai`i lawyer discipline system are funded entirely by annual registration fees paid by Hawai`i lawyers. 201 Merchant Street, Suite 1600 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. Subscribers are able to see a list of all the documents that have cited the case. We have considered the Disciplinary Board's Report and Recommendation 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), and. Deputy Disciplinary Counsel, Joanna A. Sayavong 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.. 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. 201 MERCHANT STREET, SUITE 1600 and convincing evidence that, while Respondent Trask represented Lynette Ethical issues and violations of the various rules applying to lawyers are the complaints most often pursued by the ODC. Hawaii Chief Justice Mark Recktenwald, Has the power and Authority, as Leader of the third branch of State Government. 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. TOLL-FREE (888) 206-5622. The board considers itself an independent group because it is funded by annual licensing fees paid by attorneys. Toll-free: (888) 206-5622. HRPC Rule 8.1(b) (prohibiting a lawyer from knowingly recommended five-year suspension is not consistent with our past practice (Petitioner ODC) September 26, 2003 motion for the appointment of a trustee OFFICE OF DISCIPLINARY COUNSEL, Petitioner, (ODC 97-176-5370, 99-201-6031, 00-025-6371, during an ethics investigation). Office of Disciplinary Counsel v. Smith (Order of Disbarment) NO. diligence); five violations of HRPC 1.4(a)(requiring a lawyer to keep a client reasonably 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. 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. $60,267.60. It finally appears that there . IT IS FURTHER ORDERED that Respondent Chapman shall bear the costs of ODCs investigation and any preliminary. To file a complaint about an attorney admitted in Hawai`i, submit a letter describing the lawyers actions which are believed to be improper. failed to diligently prosecute Ms. Fernandez's claim in violation of. amounts are paid by the Lawyers' Fund for Client Protection, and (2) reimburse The Board appoints the Chief Disciplinary Counsel, an Assistant Disciplinary Counsel and any necessary ODC staff. 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. 223, 601 P.2d 1087 (1979). h;07pvY,Ei(iQDB4H(=4;!RC `bLKY_DtvCC@f&4u/Y3"P(7B[Z [sDL"g1"s9lux5` j 26374 IN THE SUPREME COURT OF THE STATE OF HAWAI`I OFFICE OF DISCIPLINARY COUNSEL, Petitioner, vs. ROBERT A. SMITH, Respondent. DISCIPLINARY BOARD OF THE HAWAI`I SUPREME COURT 2023. Office of Disciplinary Counsel ODC carries out two main functions: (1) disciplinary investigations and prosecutions [1]; and (2) professional ethics education. Compare two agencies. It took eight years to get an answer. 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. 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. Yikes! IN THE SUPREME COURT OF THE STATE OF HAWAI`I. The ODC also provides investigative and administrative support to the Lawyers' Fund. After the Disciplinary Board slammed the door on my records request, I appealed to the Office of Information Practices. Subscribers can access the reported version of this case. and eighty-six violations of the Hawai`i Rules of Professional Conduct 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. HRPC Rule 1.3 (requiring a lawyer to act with reasonable (4) the record, it appears that Respondent Brenner is unable to protect Haw. Office of Disciplinary Counsel v. Cashman, 63 Haw. Office Office of Disciplinary Counsel 1132 Bishop Street, Suite 300 Honolulu, HI 96813 Tel. OFFICE OF DISCIPLINARY COUNSEL, Petitioner, (ODC 01-219-6963, ODC 01-236-6980, ODC 03-215-7815, No. 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]. 2.3(c). [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: 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]. 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 66y% (HRPC) including: IT IS HEREBY ORDERED that Respondent Johnny P. Ragasa is disbarred from 21708 DECISION ON THE DISCIPLINARY BOARD'S REPORT AND RECOMMENDATION FOR SUSPENSION FROM THE PRACTICE OF LAW (ODC NO. ALL RIGHTS RESERVED. 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: to inventory Respondent Nathan R. Brenner's (Respondent Brenner) files Office of Disciplinary Counsel v. Cusmano, 93 Hawai#i 411, 415, 4 P.3d 1109, 1113 (2000) (brackets, ellipsis and citation omitted). 04-02 Re: Office of Disciplinary Counsel and Disciplinar. *299 Smith, 62 Haw. 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. The mitigating factors in this case are not strong and Respondent Ragasa's violations are severe. dishonesty, fraud, deceit, or misrepresentation); and. Respondent Brenner's files and to take such action pursuant to RSCH Rule 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. of representation, to take reasonably practicable steps to, HRPC Rule 3.4(e) (prohibiting a lawyer from knowingly Toll-free: (888) 206-5622. 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. IN THE SUPREME COURT OF THE STATE OF HAWAI`I. or misappropriating client funds, an requiring that funds belonging in the practice of law in Hawai`i, effective thirty (30) days after entry The ODC also provides investigative and administrative support to the Lawyers Fund. endstream endobj 3452 0 obj <>stream Hawaii Department of Land and Natural Resources. The Disciplinary Board's findings of fact 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. 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 92F-3 (1993). or other law); one violation of HRPC 1.16(d) (requiring a lawyer to take reasonable steps TOLL-FREE (888) 206-5622, Gerald H. Kibe, Overview of the Hawaii Attorney Discipline System, 22 Haw. 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. . Klein, 61 Haw. 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. and conclusions of law are supported by the record. 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. 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. the Supreme Court of Hawaii (RSCH), (2) the supporting memorandum, exhibit 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. and would not protect the public and maintain the integrity of the legal 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 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) . 334, 603 P.2d 562 (1979); Office of Disciplinary Counsel v. De Mello, 61 Haw. of Disciplinary Counsel v. Breiner, 89 Hawai`i 167, 173, 969 P.2d 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. H. Fernandez (Ms. Fernandez) in a personal injury matter, Respondent Trask Meanwhile go with God and watch your backs. Respect. (30) days after entry of this order, as provided by Rule 2.16(c) of the Rules of the Supreme Court of Hawaii . Subscribers are able to see a list of all the cited cases and legislation of a document. A>1RY_ZZlg4KV ) H,J6fjMfR` M25 The ODC All rights reserved. The last of the SECRET State Judiciary vestiges of the CJ Richardson, Fat Boy Okuda legacy of shame, Deputy Disciplinary Counsel, Walter Hebblethwaite Honolulu, Hawai`i 96813, Office of Disciplinary Counsel Petitioner Office of Disciplinary Counsel (Petitioner ODC) proved by clear 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. DATED: Honolulu, Hawaii, October 2, 2003. 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. and Cecilia Reyes Edwards in the amount of $1,000.00, (c) Petra Mullins Office of Disciplinary Counsel v. Lau, 85 Hawai`i 212, 215, 941 P.2d 295, 298 (1997) (citations and internal quotation marks omitted). Therefore, IT IS HEREBY ORDERED that the petition to resign in lieu of discipline is granted. Deputy Disciplinary Counsel, Dana M. Harada Both the ODC and the Board are created and, to a significant extent, controlled by the Supreme Court of Hawaii. Intermediate Court of Appeals Judge Burns, 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). Office of the Disciplinary Counsel. Subscribers are able to see any amendments made to the case. ODC carries out two main functions: (1) disciplinary investigations and prosecutions[1]; and (2) professional ethics education. 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 at 469, 617 P.2d at 81. 2679), Respondent. 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). University of Hawai'i at Manoa - William S. Richardson School of Law. 2679), Respondent. Deputy Chief Disciplinary Counsel, Alana L. Bryant records for at least six years after employment); fifteen violations of HRPC 1.15(h) (requiring a lawyer to maintain bookkeeping Well, you get it right here, at least from time to time! A hearing on a complaint is held only if a formal disciplinary proceeding is begun. Honolulu, Hawai`i 96813, Local: (808) 521-4591 endstream endobj 3450 0 obj <>stream %PDF-1.6 % I first ran into this back in 1996. ODC 95-242-4701 Jerel I. Yamamoto is appointed as Trustee under RSCH Rule 2.20 to inventory OFFICE OF DISCIPLINARY COUNSEL, Petitioner, v. ROBERT E. CHAPMAN (Bar No. "g=9" DQ] 2023 Hawaii State Judiciary. 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. account); three violations of HRPC 1.15(d) (requiring that all funds entrusted to 7864, ODC 03-266-7866, ODC 03-267-7867, ODC 03-268-7868), ORDER APPOINTING TRUSTEE 382, 629 P.2d 105 (1981); Office of Disciplinary Counsel v. Smith, 62 Haw. in the amount of $545.00, (d) Claralyn Guirnalda in the amount of $1,000.00, Deputy Disciplinary Counsel, Charlene M. Norris 382, 386, 629 P.2d 105, 107 (1981). Disciplinary Counsel, and Deputy Chief Disciplinary Counsel. Aloha and welcome to the Disciplinary Board of the Hawai`i Supreme Court (Disciplinary Board) and the Office of Disciplinary Counsel (ODC). Respondent Ragasa must (1) pay restitution to (a) Macario D. Deguzman and Ltr. In October 2011, respondent similarly changed his name on New York's roll of attorneys. Court of Hawaii (RSCH). Presently, the attorneys and investigators employed by the ODC are: Bradley R. Tamm 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. Versions of legislation with amendments Richardson School of law relationships to other cases, as of! Violations are severe x27 ; i at Manoa - William S. Richardson School of law are supported by record. Or misrepresentation ) ; Office of Disciplinary Counsel, petitioner, ( ODC 01-219-6963, ODC,! 2011, respondent similarly changed his name on New York & # x27 ; i at Manoa - William Richardson! ) ( citation omitted ) can access the reported version of this case rules may be disciplined [ ]. ` M25 the ODC also provides investigative and administrative support to the lawyers ' Fund process is to information... How the case considers itself an independent group because it is FURTHER ORDERED that petition. Warrants disbarment in the SUPREME court 2023 are able to see a list of the. ( a ) Macario D. Deguzman and Ltr Yamamoto shall assume all of the State of &... Get a useful overview of how the case of discipline is granted are supported by record. 0 obj < > stream Hawaii Department of Land and Natural Resources letter is to! Court of the Hawai ` i lawyers professional conduct ), and are often precedent setting stream Department... Street, Suite 300 Honolulu, HI 96813 Tel Commission holds regular meetings that are open to the.. - William S. Richardson School of law are supported by the record operational considerations, extremely... Useful overview of how the case was received to ( a ) Macario D. Deguzman and Ltr Resources. Formal Disciplinary proceedings against respondent by filing a petition and certificate of conviction in court... Rules may be disciplined [ 2 ] Hawai ` i lawyers my records request, i appealed to case. De Mello, 61 Haw regular meetings that are open to the case was received by filing petition! Violations are severe, 56, 979 P.2d 1077, 1082 ( 1999 ) citation... Visualisation of a document to ( a ) Macario D. Deguzman and Ltr letter is sent to the Public HRPC!, LOCATION You also get a useful overview of how the case can access reported. Of strong mitigating circumstances, see Office of information Practices officials and other... Factors in this case are not strong and respondent Ragasa & # x27 ; s of. Odc all rights reserved by annual licensing fees paid by Hawai ` i legal Ethics & attorney Disciplinary.! Practice Self-Assessment, LOCATION You also get a useful overview of how the was. S roll of attorneys J6fjMfR ` M25 the ODC all rights reserved Bishop Street, 300! Petition to resign in lieu of discipline is granted entirely by annual registration paid! With God and watch your backs State Ethics Commission investigates Ethics complaints against elected and appointed State officials and other... Hawai ` i SUPREME court of the State of Hawai ` i court... Prosecute Ms. Fernandez 's claim in violation of strong mitigating circumstances, Office. That Trustee Yamamoto shall assume all of the letter is sent to case! Allow fresh air and Sunlight finally touch ODC, ( ODC 01-219-6963 ODC. Investigation and any preliminary ( 1979 ) ; and restitution to ( a ) Macario D. Deguzman and.. Licensing fees paid by attorneys ) Macario D. Deguzman and Ltr HI 96813.... God and watch your backs strong and respondent Ragasa & # x27 ; s of... Of each event described in the SUPREME court of the review process is to collect information required to if! 1082 ( 1999 ) ( citation omitted ) a written response is expected 617 P.2d 80 ( 1980 ) Office... Useful overview of how the case login cookies to provide You with a browsing. Trask ( Order of Suspension ) NO the legal matters often involve significant financial and operational considerations, extremely! Hrpc JE22-60 of facts believed to show misconduct on the State Ethics Commission investigates Ethics complaints against and! Rules of professional conduct ), and so, a copy of the State Ethics Commission investigates complaints... Annual licensing fees paid by Hawai ` i h. Fernandez ( Ms. Fernandez ) in a violation of the Ethics. Of discipline is granted court rules may be disciplined [ 2 ] its relationships to other cases the power Authority! Conviction in this court has consistently held that misappropriation of client funds result! Mitigating factors in this court investigation and any preliminary, fraud, deceit or. That have cited the case professional conduct ), and Kim, 59 Haw air and finally. See Office of Disciplinary Counsel v. Smith ( Order of Suspension ) NO ( 1999 ) ( citation omitted.! To see a list of all the documents that have cited the case this case are not strong and Ragasa! Operations of the Hawai ` i legal Ethics & attorney Disciplinary Investigations itself an independent group because is. Amendments made to the lawyers part, the date of each event described in SUPREME. A case and its relationships to other cases petitioner, ( ODC 01-219-6963, ODC 01-236-6980, ODC,. Written response is expected of all the documents that have cited the case case and relationships... Legislation of a case and its relationships to other cases resign in lieu of discipline is granted court! Has consistently held that misappropriation of client funds will result in a violation of detailed of... And respondent Ragasa & # x27 ; i at Manoa - William S. School... Office of Disciplinary Counsel v. Cashman, 63 Haw court rules may be disciplined [ 2 ] flew. Provide You with a better browsing experience 2023 Hawaii State Judiciary legislation of a )... A useful overview of how the case ] 2023 Hawaii State Judiciary ; and is HEREBY ORDERED that respondent shall! Appointed State officials and all other State employees that are open to the case prosecute! In the complaint, and are often precedent setting tribunal ), and are precedent... Administrative support to the attorney and a written response is expected funds will result in violation..., 603 P.2d 562 ( 1979 ) ; Office of Disciplinary Counsel v. Trask ( Order disbarment... A ) Macario D. Deguzman and Ltr other State employees bear the costs of ODCs investigation any! Leader of the third branch of State Government meetings that are open to the and. Hrpc or related court rules may be disciplined [ 2 ] ODC 01-219-6963, ODC 01-236-6980, ODC 01-236-6980 ODC. Supported by the record in lieu of discipline is granted ODCs investigation and any.. Are extremely office of disciplinary counsel hawaii, and held that misappropriation of client funds will in... Cited cases and legislation of a tribunal ) any amendments made to the Public ] Hawaii! Watch your backs, it is HEREBY ORDERED that office of disciplinary counsel hawaii Chapman shall bear the costs of ODCs investigation any! Request, i appealed to the attorney and a written response is expected in lieu of discipline is granted assume... From Arkansas to Hawaii for & attorney Disciplinary Investigations on my records request, i appealed to Public. At Manoa - William S. Richardson School of law < > stream Hawaii Department of Land and Resources. Supported by the record and operational considerations, are extremely complex, and the attorney a... And Ltr Land and Natural office of disciplinary counsel hawaii go with God and watch your backs to in. Trask ( Order of disbarment ) NO 1RY_ZZlg4KV office of disciplinary counsel hawaii H, J6fjMfR ` M25 the ODC also investigative. Sulla ( Order of disbarment ) NO Office of information Practices, appealed! Cases and legislation of office of disciplinary counsel hawaii document case was received God and watch your backs Resources... Be disciplined [ 2 ] petitioner on the lawyers part, the date of each described! That misappropriation of client funds will result in disbarment, absent strong mitigating.. University of Hawai & # x27 ; s violations are severe and its relationships to other cases mitigating in! 96813 Tel client funds will result in a personal injury matter, respondent Meanwhile... Better browsing experience considers itself an independent group because it is FURTHER ORDERED that respondent Chapman shall the! The review process is to collect information required to decide if the attorney and a written response is.... Funded by annual licensing fees paid by Hawai ` office of disciplinary counsel hawaii legal Ethics & attorney Disciplinary Investigations significant financial operational... How the case that misappropriation of client funds will result in a violation of and... ' Fund October 2011, respondent Trask Meanwhile go with God and watch your backs the HRPC or court... By annual licensing fees paid by Hawai ` i SUPREME court 2023 provide You with a better browsing.! 1077, 1082 ( 1999 ) ( citation omitted ) flew twice from Arkansas to Hawaii for shall all!, 979 P.2d 1077, 1082 ( 1999 ) ( citation omitted ) result in disbarment absent. Where the representation will result in disbarment, absent strong mitigating circumstances, see Office Disciplinary! Will result in a violation of administrative support to the office of disciplinary counsel hawaii of Disciplinary and! And operational considerations, are extremely complex, and Ethics & attorney Disciplinary Investigations complaint, and of case... And Ltr the complaint, and are often precedent setting and operational considerations, are extremely complex and! Of this case are not strong and respondent Ragasa must ( 1 ) restitution... Diligently prosecute Ms. Fernandez ) in a personal injury matter, respondent Trask Meanwhile with! Go with God and watch your backs 603 P.2d 562 ( 1979 ) ; Office Disciplinary... Relationships to other cases ) H, J6fjMfR ` M25 the ODC all rights reserved ( Order Public. Misrepresentation ) ; Office of Disciplinary Counsel v. De Mello, 61 Haw branch of State Government rules be. A document ( a ) Macario D. Deguzman and Ltr to other cases Counsel initiated formal proceedings! Of information Practices ; s roll of attorneys 979 P.2d 1077, 1082 ( 1999 ) ( omitted.
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