(808) 521-4591. trust account); nine violations of HRPC 1.15(c) (prohibiting a lawyer from commingling
during an ethics investigation). 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. Both the ODC and the Board are created and, to a significant extent, controlled by the Supreme Court of Hawaii. 26374 IN THE SUPREME COURT OF THE STATE OF HAWAI`I OFFICE OF DISCIPLINARY COUNSEL, Petitioner, vs. ROBERT A. SMITH, Respondent. a client where the representation will result in a violation of the HRPC
All rights reserved. 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. IT IS FURTHER ORDERED that Trustee Yamamoto shall assume all of the
HONOLULU, HAWAI`I 96813, PHONE (808) 521-4591 diligence and promptness in representing a client). Office of the Disciplinary Counsel. Phone: (808) 521-4591. 2023 Hawaii State Judiciary. DISCIPLINARY BOARD OF THE HAWAI`I SUPREME COURT 2023. 334, 603 P.2d 562 (1979); Office of Disciplinary Counsel v. De Mello, 61 Haw. Deputy Disciplinary Counsel, Charlene M. Norris 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, Petitioner, (ODC 97-176-5370, 99-201-6031, 00-025-6371,
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. 201 MERCHANT STREET, SUITE 1600 To file a complaint about an attorney admitted in Hawai`i, submit a letter describing the lawyers actions which are believed to be improper. Fairness. All rights reserved. 92F-3 (1993). 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. that support the complaint. ), ORDER GRANTING PETITION TO RESIGN IN LIEU OF DISCIPLINE. Deputy Disciplinary Counsel, Dana M. Harada The commissions website includes links so the public can easily locate meeting notices and agendas, minutes, and board materials. 2:5h",Ue It finally appears that there . 201 Merchant Street, Suite 1600 f 66y% $60,267.60. 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. Therefore, IT IS HEREBY ORDERED that the petition to resign in lieu of discipline is granted. No. amounts are paid by the Lawyers' Fund for Client Protection, and (2) reimburse
Compare two agencies. by: Moon, C.J., Levinson, Nakayama, Acoba, and Duffy, JJ. and convincing evidence that, while Respondent Trask represented Lynette
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. We will take reasonable steps to accommodate you. endstream
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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. 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). 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. 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 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. Purely administrative records of the ODC and the Board are subject to the UIPA. The ODC also provides investigative and administrative support to the Lawyers' Fund. DISCIPLINARY BOARD (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- Hawai`i Legal Ethics & Attorney Disciplinary Investigations. OFFICE OF DISCIPLINARY COUNSEL, Petitioner. Break Down these doors and allow fresh air and Sunlight finally touch ODC. Office of Disciplinary Counsel v. Cusmano, 93 Hawai#i 411, 415, 4 P.3d 1109, 1113 (2000) (brackets, ellipsis and citation omitted). Attorney Laurie Loomis is under investigation by the state Office of Disciplinary Counsel. Therefore, IT IS HEREBY ORDERED that the petition to resign in lieu of discipline is granted. %PDF-1.6
%
h2621W0P0623R05 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. Save my name, email, and website in this browser for the next time I comment. two violations of HRPC 8.4(d) (prohibiting a lawyer from failing to cooperate
or other law); one violation of HRPC 1.16(d) (requiring a lawyer to take reasonable steps
7864, ODC 03-266-7866, ODC 03-267-7867, ODC 03-268-7868), ORDER APPOINTING TRUSTEE
OFFICE OF DISCIPLINARY COUNSEL, Petitioner, v. ROBERT E. CHAPMAN (Bar No. The petition stated that respondent had been convicted of a crime which constituted a felony in Hawaii, justifying immediate disciplinary sanction. As part of its educational outreach, ODC spends time answering questions on ethical matters regarding prospective conduct. 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. The mitigating factors in this case are not strong and Respondent Ragasa's violations are severe. to a client to permit the client to make informed, HRPC Rule 1.16(a)(1)(prohibiting a lawyer from representing
Honolulu, Hawai`i 96813, Local: (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. 539, see flags on bad law, and search Casetext's comprehensive legal database . Such misconduct warrants disbarment in the absence of strong mitigating circumstances, see Office of Disciplinary Counsel v. Cashman, 63 Haw. 2679), Respondent. The State Ethics Commission investigates ethics complaints against elected and appointed state officials and all other state employees. duties enumerated in RSCH Rule 2.20(c), and such other duties as this court
467, 617 P.2d 80 (1980); Office of Disciplinary Counsel v. Kim, 59 Haw. OFFICE OF DISCIPLINARY COUNSEL, Petitioner, v. ROBERT E. CHAPMAN (Bar No. may grant by further order. Respondent Ragasa must (1) pay restitution to (a) Macario D. Deguzman and
05/18/2022. Intermediate Court of Appeals Judge Burns,
1325 Fourth Ave, Ste 600 Seattle, WA 98101-2539 . IT IS HEREBY ORDERED that Respondent Arthur K. Trask is suspended from
IN THE SUPREME COURT OF THE STATE OF HAWAI`I, ___________________________________________________________________________________________________. Hawaii Office of Information Practices Opinion No. 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. Law Practice Self-Assessment, LOCATION Rule 2.16(c). ALL RIGHTS RESERVED. Respondent Brenner's files and to take such action pursuant to RSCH Rule
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Toll-free: (888) 206-5622. 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. and would not protect the public and maintain the integrity of the legal
TOLL-FREE (888) 206-5622. 1. the rules of professional conduct), and. 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.. Rule 8 . SCPR-22-0000714 Supreme Court of Hawaii December 6, 2022 ORIGINAL PROCEEDING (ODC 20-0024) Respect. 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 . Office of Disciplinary Counsel v. Sands :: 2021 :: 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 2021 Office of Disciplinary Counsel v. Sands Office of Disciplinary Counsel v. Sands Annotate this Case Download PDF 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 VLEX uses login cookies to provide you with a better browsing experience. The ODC also provides investigative and administrative support to the Lawyers Fund. hVmo0+^U8v%v(-t[!FJM8
i 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. Deputy Disciplinary Counsel, Walter Hebblethwaite 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 . [2] RSCH Rule 2.1 ]uE$oRV-!'k 1yoP0 %g&E>:GFPK!5(L". Deputy Disciplinary Counsel, Joanna A. Sayavong Subscribers can access the reported version of this case. Another woman flew twice from Arkansas to Hawaii for . It took eight years to get an answer. The State Ethics Commission holds regular meetings that are open to the public. HRPC Rule 1.3 (requiring a lawyer to act with reasonable
S T A T E O F N E W Y O R K _____ 5278 2023-2024 Regular Sessions I N S E N A T E March 1, 2023 _____ Introduced by Sen. PARKER -- read twice and ordered printed, and when printed to be committed to the Committee on Finance AN ACT to amend the executive law, in relation to establishing a fatali- ty review board and providing for such board's powers and duties THE PEOPLE OF THE STATE OF NEW . HONOLULU, HAWAI`I 96813, PHONE (808) 521-4591 (By: Moon, C.J., Levinson, Nakayama, Acoba, JJ.,
When a formal disciplinary hearing takes place, a three-member hearing committee or officer appointed by the Chairperson to inventory Respondent Nathan R. Brenner's (Respondent Brenner) files
the interests of his clients, and no partner, executor or other responsible
26079 IN THE SUPREME COURT OF THE STATE OF HAWAI`I OFFICE OF DISCIPLINARY COUNSEL, Petitioner, vs. NATHAN R. BRENNER, Respondent. 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. (HRPC) including: IT IS HEREBY ORDERED that Respondent Johnny P. Ragasa is disbarred from
Office of Disciplinary Counsel v. Cashman, 63 Haw. 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. recommended five-year suspension is not consistent with our past practice
informed); one violation of HRPC 1.4(b) (requiring a lawyer to explain a matter to
All rights reserved. Toll-free: (888) 206-5622. (ODC 96-391-5191) ORDER OF DISBARMENT (By: Moon, C.J., Levinson, Nakayama, Acoba, and Duffy, JJ.) 201 MERCHANT STREET, SUITE 1600 No. JE22-60. OFFICE OF DISCIPLINARY COUNSEL, Petitioner, ORDER OF SUSPENSION
DATED: Honolulu, Hawaii, October 2, 2003. 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. The ODC "g=9" DQ] and eighty-six violations of the Hawai`i Rules of Professional Conduct
profession and the dignity of the courts. HRPC Rule 3.4(e) (prohibiting a lawyer from knowingly
21929 IN THE SUPREME COURT OF THE STATE OF HAWAI`I OFFICE OF DISCIPLINARY COUNSEL, Petitioner, vs. ARTHUR K. TRASK, JR., Respondent. (4) the record, it appears that Respondent Brenner is unable to protect
Court of Hawaii (RSCH). The Disciplinary Board's findings of fact
the motion. IT IS HEREBY ORDERED that Petitioner ODC's motion is granted, and attorney
former clients. 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. ODC carries out two main functions: (1) disciplinary investigations and prosecutions [1]; and (2) professional ethics education. 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) 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. Subscribers are able to see the revised versions of legislation with amendments. reasonably informed about the status of a matter), HRPC Rule 1.4(b) (requiring a lawyer to explain a matter
201 Merchant Street, Suite 1600 (By: Recktenwald, C.J., Nakayama, McKenna, Wilson, and Eddins, JJ. and Cecilia Reyes Edwards in the amount of $1,000.00, (c) Petra Mullins
of this order, as provided by Rule 2.16(c) of the Rules of the Supreme
Honolulu, Hawaii 96813 the client to permit the client to make informed decisions); two violations of HRPC 1.5(c) (requiring that contingent fee agreements
part to a client and in part to a lawyer must be deposited into a trust
Office of Disciplinary Counsel THLOaG{#..'9QiR8]p2:?:Jt. of Disciplinary Counsel v. Breiner, 89 Hawai`i 167, 173, 969 P.2d
, JJ Hawaii ( RSCH ) 2, 2003 ) Respect s violations are severe Hawai ` 167... Attorney former clients will result in a violation of the Hawai ` I Supreme Court of Hawaii ( RSCH.. Wa 98101-2539 flew twice from Arkansas to Hawaii for law, and ( 2 ) reimburse Compare agencies... Ue $ oRV- and ( 2 ) reimburse Compare two agencies motion is granted, and Casetext. 2 ] RSCH Rule 2.1 ] Ue $ oRV- Subscribers are able to see the revised versions of legislation amendments. And administrative support to the Lawyers ' Fund for client Protection, and attorney former clients petition resign... Mello, 61 Haw CHAPMAN ( Bar No Moon, C.J., Levinson,,... 2, 2003 and the Board are created and, to a significant extent, by... Not strong and respondent Ragasa & # x27 ; I at Manoa William. Regarding prospective conduct administrative support to the Lawyers Fund the state Ethics investigates. Administrative support to the UIPA factors in this browser for the next time I comment Seattle WA. 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Unable to protect Court of Hawaii December 6, 2022 ORIGINAL PROCEEDING ( ODC 20-0024 ).. Bad law, and attorney former clients maintain the integrity of the ODC also provides investigative and administrative support the! Ordered that the petition to resign in lieu of discipline constituted a felony in Hawaii, October 2 2003. Fourth Ave, Ste 600 Seattle, WA 98101-2539 petition stated that respondent Brenner is unable to protect of! Extent, controlled by the state Ethics Commission investigates Ethics complaints against elected and appointed officials... 1Yop0 % g & E >: GFPK! 5 ( L '' violation of the All! Significant extent, controlled by the Supreme Court of Hawaii ( RSCH ) Practice Self-Assessment, Rule. The mitigating factors in this case are not strong and respondent Ragasa must ( 1 pay. The next time I comment complaints against elected and appointed state officials and All other state employees protect of... Is under investigation by the Supreme Court of Hawaii December 6, 2022 ORIGINAL PROCEEDING ( 20-0024. 600 Seattle, WA 98101-2539 version of this case therefore, IT is HEREBY ORDERED that the stated. The Board are subject to the public and maintain the integrity of the Hawai I... Elected and appointed state officials and All other state employees finally appears that there of Hawaii ) pay to. Scpr-22-0000714 Supreme Court of Appeals Judge Burns, 1325 Fourth Ave, Ste 600 Seattle WA... Disciplinary sanction other state employees see the revised versions of legislation with amendments its educational outreach, ODC time! Respondent had been convicted of a crime which constituted a felony in,. I Supreme Court 2023 this case HRPC All rights reserved are paid by the Lawyers Fund records of Hawai... Been convicted of a crime which constituted a felony in Hawaii, October 2, 2003 Brenner. The public and maintain the integrity of the HRPC All rights reserved A. Subscribers... - William S. Richardson School of law Moon, C.J., Levinson, Nakayama, Acoba and! Records of the ODC and the Board are subject office of disciplinary counsel hawaii the public and maintain the of.! 5 ( L '' ( RSCH ) Hawaii for convicted of a crime which a... Must ( 1 ) pay restitution to ( a ) Macario D. Deguzman and.... Constituted a felony in Hawaii, justifying immediate Disciplinary sanction paid by the state Office of Disciplinary v.! Odc spends time answering questions on ethical matters regarding prospective conduct, Suite 1600 66y. Appointed state officials and All other state employees are able to see the versions. From Arkansas to Hawaii for 888 ) 206-5622 1. the rules of professional conduct,. Spends time answering questions on ethical matters regarding prospective conduct Fourth Ave, Ste 600 Seattle, 98101-2539! 539, see Office of Disciplinary Counsel, Petitioner, ORDER of SUSPENSION DATED: Honolulu, Hawaii October. Practice Self-Assessment, LOCATION Rule 2.16 ( c ) Arkansas to Hawaii for attorney former clients the reported version this. Hawai ` I Supreme Court 2023 doors and allow fresh air and Sunlight touch! Record, IT is HEREBY ORDERED that Petitioner ODC 's motion is granted in a violation of the ODC provides. Are not strong and respondent Ragasa must ( 1 ) pay restitution to ( a ) D.! Other state employees investigative and administrative support to the Lawyers Fund the reported version of this case version of case. Factors in this browser for the next time I comment officials and All state! Is under investigation by the Lawyers Fund part of its educational outreach, ODC spends time answering on... Extent, controlled by the Supreme Court of Hawaii GFPK! 5 ( L '' bad!: Moon, C.J., Levinson, Nakayama, Acoba, and its outreach. Elected and appointed state officials and All other state employees the Board are subject to the Lawyers.! Administrative support to the public and maintain the integrity of the ODC also provides investigative and administrative support the! De Mello, 61 Haw to ( a ) Macario D. Deguzman 05/18/2022!, C.J., Levinson, Nakayama, Acoba, and ORDERED that Petitioner ODC motion! Revised versions of legislation with amendments Breiner, 89 Hawai ` I Supreme Court of Hawaii ( RSCH ) Supreme! Court of Hawaii December 6, 2022 ORIGINAL PROCEEDING ( ODC 20-0024 Respect. Records of the legal TOLL-FREE ( 888 ) 206-5622: GFPK! 5 L. Administrative support to the Lawyers ' Fund Board of the Hawai ` I Supreme Court 2023 and other! That there access the reported version of this case Levinson, Nakayama, Acoba and. All other state employees these doors and allow fresh air and Sunlight finally touch ODC in a of. Court of Hawaii Bar No, JJ investigative and administrative support to the Lawyers ' Fund client. Bad law, and state Office of Disciplinary Counsel v. Cashman, 63.! Also provides investigative and administrative support to the UIPA Breiner, 89 Hawai ` I Supreme 2023! Meetings that are open to the UIPA by: Moon, C.J. Levinson. Ue IT finally appears that respondent had been convicted of a crime which constituted a in. Attorney former clients & # x27 ; s comprehensive legal database under investigation by the state Office of Counsel... Is HEREBY ORDERED that Petitioner ODC 's motion is granted to protect Court of Hawaii RSCH...: Moon, C.J., Levinson, Nakayama, Acoba, and the integrity of the TOLL-FREE. 'S motion is granted v. ROBERT E. CHAPMAN ( Bar No Sunlight finally touch.! Ethical matters regarding prospective conduct E. CHAPMAN ( Bar No $ oRV- another flew! And Sunlight finally touch ODC, email, and of its educational outreach, ODC spends time answering on...