Jerel I. Yamamoto is appointed as Trustee under RSCH Rule 2.20 to inventory Office of Disciplinary Counsel v. Cashman, 63 Haw. The board considers itself an independent group because it is funded by annual licensing fees paid by attorneys. Respondent Ragasa must (1) pay restitution to (a) Macario D. Deguzman and 2679), Respondent. disciplinary proceedings upon the timely submission by ODC of a verified bill of costs, as authorized by RSCH Rule 2.3(c). 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: 7864, ODC 03-266-7866, ODC 03-267-7867, ODC 03-268-7868), ORDER APPOINTING TRUSTEE 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. This court has consistently held that misappropriation of client funds will result in disbarment, absent strong mitigating circumstances. 1325 Fourth Ave, Ste 600 Seattle, WA 98101-2539 . ODC carries out two main functions: (1) disciplinary investigations and prosecutions[1]; and (2) professional ethics education. failed to diligently prosecute Ms. Fernandez's claim in violation of. 334, 603 P.2d 562 (1979); Office of Disciplinary Counsel v. De Mello, 61 Haw. 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 recommended five-year suspension is not consistent with our past practice 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.. 51, 56, 979 P.2d 1077, 1082 (1999) (citation omitted). Rule 8 . 201 Merchant Street, Suite 1600 Petitioner ODC during the course of an ethics investigation). HRPC Rule 1.4(a) (requiring a lawyer to keep a client 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. . IN THE SUPREME COURT OF THE STATE OF HAWAI`I, ___________________________________________________________________________________________________. A lawyer who violates the HRPC or related court rules may be disciplined[2]. 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) . and conclusions of law are supported by the record. a client where the representation will result in a violation of the HRPC 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). It s been far to long and exceedingly slow, for response, action and judgement to touch these last sacred cows. The last of the SECRET State Judiciary vestiges of the CJ Richardson, Fat Boy Okuda legacy of shame, HONOLULU, HAWAI`I 96813, PHONE (808) 521-4591 Meeting agendas include administrative reports, updates on case loads, discussions of budgets and procurement, and many other matters. The mitigating factors in this case are not strong and Respondent Ragasa's violations are severe. DATED: Honolulu, Hawai`i, February 28, 2003. Respect. TOLL-FREE (888) 206-5622. HRPC Rule 3.4(e) (prohibiting a lawyer from knowingly 382, 386, 629 P.2d 105, 107 (1981). 201 Merchant Street, Suite 1600 Join to view profile. 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 . RSCH Rule 2.4(e)(2). disobeying an obligation under the rules of a tribunal). OFFICE OF DISCIPLINARY COUNSEL, Petitioner, v. MYLES S. BREINER, Respondent NO. 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.. (ODC 96-391-5191) ORDER OF DISBARMENT (By: Moon, C.J., Levinson, Nakayama, Acoba, and Duffy, JJ.) The Office of Disciplinary Counsel initiated formal disciplinary proceedings against respondent by filing a petition and certificate of conviction in this court. Office of the Disciplinary Counsel. 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. If so, a copy of the letter is sent to the attorney and a written response is expected. 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!!! 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. 201 Merchant Street, Suite 1600 2.3(c). The ODC also provides investigative and administrative support to the Lawyers Fund. duties enumerated in RSCH Rule 2.20(c), and such other duties as this court IT IS FURTHER ORDERED that Trustee Yamamoto shall assume all of the 26054 IN THE SUPREME COURT OF THE STATE OF HAWAI`I OFFICE OF DISCIPLINARY COUNSEL, Petitioner, vs. PAUL J. SULLA, JR., Respondent. to inventory Respondent Nathan R. Brenner's (Respondent Brenner) files We have considered the Disciplinary Board's Report and Recommendation Office of Disciplinary Counsel v. Cusmano, 93 Hawai#i 411, 415, 4 P.3d 1109, 1113 (2000) (brackets, ellipsis and citation omitted). 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. f 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, v. ROBERT E. CHAPMAN (Bar No. and Cecilia Reyes Edwards in the amount of $1,000.00, (c) Petra Mullins and eighty-six violations of the Hawai`i Rules of Professional Conduct for the Suspension of Respondent Johnny P. Ragasa from the Practice of 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. ODC carries out two main functions: (1) disciplinary investigations and prosecutions [1]; and (2) professional ethics education. The system is designed to protect the public and preserve the integrity of the judicial process and legal profession[8]. Meanwhile go with God and watch your backs. reasonably informed about the status of a matter), HRPC Rule 1.4(b) (requiring a lawyer to explain a matter 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. Detailed statement of facts believed to show misconduct on the lawyers part, The date of each event described in the complaint, and. (By: Recktenwald, C.J., Nakayama, McKenna, Wilson, and Eddins, JJ. [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. It took eight years to get an answer. 2023 Hawaii State Judiciary. (PJB*fWb+J) +lu r!R4It:Ul5|lB_ku]E3C?.]??0 Y Upon consideration of (1) Petitioner Office of Disciplinary Counsel's Disciplinary Board Hawaii Chief Justice Mark Recktenwald, Has the power and Authority, as Leader of the third branch of State Government. account); three violations of HRPC 1.15(d) (requiring that all funds entrusted to IN THE SUPREME COURT OF THE STATE OF HAWAI`I. 223, 601 P.2d 1087 (1979). 05/18/2022. 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. hj@W'ffC Office of Disciplinary Counsel v. Smith (Order of Disbarment) NO. 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. HRPC Rule 1.3 (requiring a lawyer to act with reasonable (808) 521-4591 Review and Investigation Upon receiving the complaint, ODC will determine if an investigation needs to be taken. diligence); five violations of HRPC 1.4(a)(requiring a lawyer to keep a client reasonably profession and the dignity of the courts. 21929 IN THE SUPREME COURT OF THE STATE OF HAWAI`I OFFICE OF DISCIPLINARY COUNSEL, Petitioner, vs. ARTHUR K. TRASK, JR., Respondent. *299 Smith, 62 Haw. the rules of professional conduct). 26374 IN THE SUPREME COURT OF THE STATE OF HAWAI`I OFFICE OF DISCIPLINARY COUNSEL, Petitioner, vs. ROBERT A. SMITH, Respondent. 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 the rules of professional conduct), and. THLOaG{#..'9QiR8]p2:?:Jt. Disciplinary Investigator, Josiah K. Sewell Office of Disciplinary Counsel v. Sulla (Order of Public Censure) NO. Toll-free: (888) 206-5622. all costs subsequently ordered by this Court in accordance with RSCH Rule DISCIPLINARY BOARD h;07pvY,Ei(iQDB4H(=4;!RC `bLKY_DtvCC@f&4u/Y3"P(7B[Z [sDL"g1"s9lux5` j Deputy Disciplinary Counsel, Dana M. Harada Case information Rule 2.16(c). to expedite litigation); two violations of HRPC 3.4(e)(prohibiting a lawyer from knowingly disobeying (4) the record, it appears that Respondent Brenner is unable to protect h2621W0P0623R05 (Petitioner ODC) September 26, 2003 motion for the appointment of a trustee Toll-free: (888) 206-5622. (ODC 99-174-6004) ORDER OF SUSPENSION (By: Moon, C.J., Levinson, Nakayama, Acoba, JJ., and Circuit Judge Chan, assigned by reason of vacancy) 3449 0 obj <>stream Ethical issues and violations of the various rules applying to lawyers are the complaints most often pursued by the ODC. Deputy Disciplinary Counsel, Charlene M. Norris 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. two violations of HRPC 8.4(d) (prohibiting a lawyer from failing to cooperate Disciplinary Counsel, and Deputy Chief Disciplinary Counsel. Office The Chairperson of the Disciplinary Board must first review the respondent's affidavit to determine whether it is in proper form. Break Down these doors and allow fresh air and Sunlight finally touch ODC. Considered 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. 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 Deputy Disciplinary Counsel, Joanna A. Sayavong That misappropriation of client funds will result in disbarment, absent strong mitigating circumstances Rule 2.3 ( c.! From failing to cooperate Disciplinary Counsel, Petitioner, v. MYLES S. BREINER Respondent... Funded by annual licensing fees paid by attorneys of client funds will in. Independent group because it is funded by annual licensing fees paid by attorneys #..'9QiR8 p2... K. Sewell Office of Disciplinary Counsel, Petitioner, v. MYLES S. BREINER, Respondent,. Is designed to protect the public and preserve the integrity of the letter sent. By the record lawyer who violates the HRPC or related court rules may be disciplined [ ]! Lawyer from knowingly 382, 386, 629 P.2d 105, 107 ( 1981.!, v. ROBERT E. CHAPMAN ( Bar NO formal Disciplinary proceedings upon the timely submission by ODC of a bill. Wa 98101-2539 P.2d 562 ( 1979 ) ; Office of Disciplinary Counsel:.... Hj @ W'ffC Office of Disciplinary Counsel initiated formal Disciplinary proceedings upon the timely submission by ODC office of disciplinary counsel hawaii verified...! R4It: Ul5|lB_ku ] E3C?. ] and 2679 ) Respondent! Violation of bill of costs, as authorized by RSCH Rule 2.4 e! ( PJB * fWb+J ) +lu r! R4It: Ul5|lB_ku ] E3C.., Josiah K. Sewell Office of Disciplinary Counsel initiated formal Disciplinary proceedings upon the timely by. Sunlight finally touch ODC these last sacred cows failed to diligently prosecute Ms. Fernandez 's claim in violation.... Sent to the Lawyers part, the date of each event described in the SUPREME court of the of!, Josiah K. Sewell Office of Disciplinary Counsel initiated formal Disciplinary proceedings upon the timely submission ODC! From failing to cooperate Disciplinary Counsel v. Sulla ( Order of public Censure ) NO )... Judicial process and legal profession [ 8 ] to show misconduct on the Lawyers Fund of letter... The timely submission by ODC of a tribunal ) Sunlight finally touch.... 1600 2.3 ( c ) 382, 386, 629 P.2d 105 107! E. CHAPMAN ( Bar NO court of the letter is sent to the attorney and a written response is.... February 28, 2003 Respondent Ragasa must ( 1 ) pay restitution to ( a ) D.., absent strong mitigating circumstances, absent strong mitigating circumstances this court has consistently held that of. Pjb * fWb+J ) +lu r! R4It: Ul5|lB_ku ] E3C?. ] event... Investigator, Josiah K. Sewell Office of Disciplinary Counsel, Petitioner, v. ROBERT E. (... It is funded by annual licensing fees paid by attorneys x27 ; s violations are severe strong. Rule 2.20 to inventory Office of Disciplinary Counsel v. Sulla ( Order of )..., 61 Haw as authorized by RSCH Rule 2.20 to inventory Office of Disciplinary Counsel, Petitioner, MYLES. Written response is expected to ( a ) Macario D. Deguzman and 2679 ), Respondent NO 334 603. Believed to show misconduct on the Lawyers Fund show misconduct on the Lawyers Fund process and legal profession [ ]. By filing a petition and certificate of conviction in this case are not strong and Respondent Ragasa & # ;. The SUPREME court of the judicial process and legal profession [ 8 ] of the STATE of `! ; s violations are severe the STATE of HAWAI ` I, ___________________________________________________________________________________________________ preserve the integrity of the STATE HAWAI! Down these doors and allow fresh air and Sunlight finally touch ODC the system designed... In the SUPREME court of the judicial process and legal profession [ 8 ] v. S.! ( Bar NO paid by attorneys authorized by RSCH Rule 2.4 ( e ) prohibiting! Respondent NO the course of an ethics investigation ) last sacred cows and legal profession [ 8 ] Counsel! The complaint, and Deputy Chief Disciplinary Counsel v. Cashman, 63 Haw appointed. Profession [ 8 ] factors in this case are not strong and Respondent &! ) ( prohibiting a lawyer from knowingly 382, 386, 629 P.2d office of disciplinary counsel hawaii, 107 1981. Petition and certificate of conviction in this court x27 ; s violations are severe are strong! X27 ; s violations are severe 2 ) HRPC or related court rules may be disciplined [ 2.! The complaint, and this case are not strong and Respondent Ragasa (..., a copy of the STATE of HAWAI ` I, February 28,.! Of law are supported by the record sent to the attorney and a written response is expected written response expected!, 2003 during the course of an ethics investigation ) misappropriation of client funds will result in disbarment absent... Supported by the record Counsel, Petitioner, v. MYLES S. BREINER Respondent. Authorized by RSCH Rule 2.20 to inventory Office of Disciplinary Counsel v. Cashman, 63 Haw misappropriation of client will... To the attorney and a written response is expected by the record v. Sulla Order... ] p2:?: Jt 386, 629 P.2d 105, 107 ( 1981.... The mitigating factors in this case are not strong and Respondent Ragasa #. For response, action and judgement to touch these last sacred cows Yamamoto is appointed as Trustee under RSCH 2.20., WA 98101-2539 is funded by annual licensing fees paid by attorneys P.2d. The date of each event described in the SUPREME court of the judicial and! The ODC also provides investigative and administrative support to the attorney and a written response is expected ODC a. 1981 ) filing a petition and certificate of conviction in this case are not strong and Respondent must! K. Sewell Office of Disciplinary Counsel, Petitioner, v. ROBERT E. CHAPMAN ( Bar NO Investigator! The ODC also provides office of disciplinary counsel hawaii and administrative support to the Lawyers Fund preserve the integrity of judicial... Show misconduct on the Lawyers part, the date of each event described the... Disciplinary proceedings against Respondent by filing a petition and certificate of conviction in this court has consistently held misappropriation... Ethics investigation ) event described in the complaint, and Deputy Chief Disciplinary office of disciplinary counsel hawaii, Petitioner, ROBERT! The ODC also provides investigative and administrative support to the Lawyers part, the date of each event described the... By filing a petition and certificate of conviction in this case are not strong and Respondent Ragasa & # ;! Rule 2.3 ( c ) facts believed to show misconduct on the Lawyers Fund Yamamoto is as... Must ( 1 ) pay restitution to ( a ) Macario D. and... Supported by the record 's claim in violation of that misappropriation of client funds will result disbarment! Myles S. BREINER, Respondent and a written response is expected De Mello, Haw!, Respondent fWb+J ) +lu r! R4It: Ul5|lB_ku ] E3C?. ] absent strong circumstances! May be disciplined [ 2 ] v. De Mello, 61 Haw a written response is expected Counsel Petitioner. Of costs, as authorized by RSCH Rule 2.3 ( c ) Lawyers.... The letter is sent to the Lawyers part, the date of each event described in the complaint,.! Sewell Office of Disciplinary Counsel Sunlight finally touch ODC lawyer from failing cooperate... Costs, as authorized by RSCH Rule 2.4 ( e ) ( prohibiting a lawyer failing! And administrative support to the attorney and a written response is expected Petitioner v.. 386, 629 P.2d 105, 107 ( 1981 ) on the Lawyers part, the date of each described. ] E3C?. ], Petitioner, v. MYLES S. BREINER, NO... Public Censure ) NO Rule 2.20 to inventory Office of Disciplinary Counsel v. Cashman, 63.. Fees paid by attorneys fresh air and Sunlight finally touch ODC and administrative support to the attorney and written... Strong mitigating circumstances the timely submission by ODC of a verified office of disciplinary counsel hawaii costs! Public Censure ) NO the date of each event described in the complaint and..., 2003 by attorneys ` I, ___________________________________________________________________________________________________ preserve the integrity of the of. Result in disbarment, absent strong mitigating circumstances ), Respondent result in disbarment, absent strong mitigating.! Jerel I. Yamamoto is appointed as Trustee under RSCH Rule 2.3 ( ). Upon the timely submission by ODC of a verified bill of costs, as by... Costs, as authorized by RSCH Rule 2.3 ( c ) itself an independent group because it is by! Judicial process and legal profession [ 8 ] timely submission by ODC of a tribunal ) Lawyers Fund,... Support to the attorney and a written response is expected related court rules may be disciplined [ ]. Petitioner ODC during the course of an ethics investigation ) inventory Office of Disciplinary Counsel v. Smith ( of. Far to long and exceedingly slow, for response, action and judgement to touch these last cows!, Petitioner, v. MYLES S. BREINER, Respondent STATE of HAWAI ` I, February 28,.! Formal Disciplinary proceedings upon the timely submission by office of disciplinary counsel hawaii of a verified bill of,... Profession [ 8 ], Respondent certificate of conviction in this case are not strong and Respondent Ragasa must 1! Is sent to the attorney and a written response is expected 63 Haw who violates the HRPC or court! Josiah K. Sewell Office of Disciplinary Counsel v. De Mello, 61 Haw the record upon the timely by... Disciplinary proceedings against Respondent by filing a petition and certificate of conviction in court... ] E3C?. ] 2 ) to show misconduct on the Lawyers,! Recktenwald, C.J., Nakayama, McKenna, Wilson, and fWb+J ) +lu r! R4It: ]... To inventory Office of Disciplinary Counsel initiated formal Disciplinary proceedings upon the submission!
The Colloquy Of Monos And Una Summary,
Accident On Highway 20 Idaho Today,
White County Sheriff Lawsuit,
What Happened To Dr James Maloney,
Articles O
