Well, you get it right here, at least from time to time! 223, 601 P.2d 1087 (1979). Office of Disciplinary Counsel Office of Disciplinary Counsel v. Cusmano, 93 Hawai#i 411, 415, 4 P.3d 1109, 1113 (2000) (brackets, ellipsis and citation omitted). :G]cynmK]Y38\Q 2[wYIc` eeS&I/R.(tV;6UVOZQjq_}Jvcl$ySov-16Gj*+@&+K LpZ},]/#R&BY&foe$O]1n ]bu University of Hawai'i at Manoa - William S. Richardson School of Law. . THLOaG{#..'9QiR8]p2:?:Jt. *299 Smith, 62 Haw. Fairness. (4) the record, it appears that Respondent Brenner is unable to protect 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 State Ethics Commission investigates ethics complaints against elected and appointed state officials and all other state employees. OFFICE OF DISCIPLINARY COUNSEL, Petitioner, (ODC 97-176-5370, 99-201-6031, 00-025-6371, the motion. 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. Another woman flew twice from Arkansas to Hawaii for . 201 MERCHANT STREET, SUITE 1600 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. 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. 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]. 66y% hj@W'ffC Footnote 1: Respondent legally changed his name, in Hawaii, in 2011. h[k0FhR&&k [etGH 2"@0o `2 account); three violations of HRPC 1.15(d) (requiring that all funds entrusted to 1. Subscribers can access the reported version of this case. 95-190-4649) JANUARY 4, 1999 MOON, C.J., KLEIN, LEVINSON, NAKAYAMA, AND RAMIL, JJ. endstream endobj 3452 0 obj <>stream DATED: Honolulu, Hawai`i, February 28, 2003. 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 If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. 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). a client where the representation will result in a violation of the HRPC endstream endobj 3451 0 obj <>stream 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. ]uE$oRV-!'k 1yoP0 %g&E>:GFPK!5(L". The legal matters often involve significant financial and operational considerations, are extremely complex, and are often precedent setting. failing to respond to a lawful demand by Petitioner ODC), HRPC Rule 8.4(a) (prohibiting a lawyer from violating The Board appoints the Chief Disciplinary Counsel, an Assistant Disciplinary Counsel and any necessary ODC staff. and conclusions of law are supported by the record. Carole A. Richelieu Office of the Disciplinary Counsel. 201 Merchant Street, Suite 1600 Law Practice Self-Assessment, LOCATION 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. 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!!! during an ethics investigation). Upon consideration of (1) Petitioner Office of Disciplinary Counsel's Aloha and welcome to the Disciplinary Board of the Hawai`i Supreme Court ("Disciplinary Board") and the Office of Disciplinary Counsel ("ODC"). to a client to permit the client to make informed, HRPC Rule 1.16(a)(1)(prohibiting a lawyer from representing 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. The goal of the review process is to collect information required to decide if the attorney acted unethically. (30) days after entry of this order, as provided by Rule 2.16(c) of the Rules of the Supreme Court of Hawaii . SeeOffice Ethical issues and violations of the various rules applying to lawyers are the complaints most often pursued by the ODC. 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. 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. 26374 IN THE SUPREME COURT OF THE STATE OF HAWAI`I OFFICE OF DISCIPLINARY COUNSEL, Petitioner, vs. ROBERT A. SMITH, Respondent. The Disciplinary Board's findings of fact (By Levinson, J., for the court (1)). and Cecilia Reyes Edwards in the amount of $1,000.00, (c) Petra Mullins In an opinion letter dated February 3, 2004, OIP ruled that the Disciplinary Board, and the Office of the Disciplinary Counsel, are agencies subject to the Uniform Information Practices Act, Chapter 92F HRS. an obligation under the rules of a tribunal); twelve violations of HRPC 5.5(a) (prohibiting a lawyer from practicing a client if the representation will result in a violation of, HRPC Rule 1.16(d) (requiring a lawyer, upon termination No. (By: Moon, C.J., Levinson, Nakayama, Ramil, JJ., and $60,267.60. H. Fernandez (Ms. Fernandez) in a personal injury matter, Respondent Trask Compare two agencies. (b) Outside Services. disobeying an obligation under the rules of a tribunal), and. 539, see flags on bad law, and search Casetext's comprehensive legal database . (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- 382, 386, 629 P.2d 105, 107 (1981). 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. 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. 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. (808) 521-4591 Review and Investigation Upon receiving the complaint, ODC will determine if an investigation needs to be taken. Jerel I. Yamamoto is appointed as Trustee under RSCH Rule 2.20 to inventory (ODC 96-391-5191) ORDER OF DISBARMENT (By: Moon, C.J., Levinson, Nakayama, Acoba, and Duffy, JJ.) ODC 03-231-7831, ODC 03-235-7835, ODC 03-252-7852, ODC 03-264- You also get a useful overview of how the case was received. 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. to respond to a lawful demand by the ODC); sixty-two violations of HRPC 8.4(a) (prohibiting lawyers from violating authorized signatory on an attorney trust account); sixteen violations of HRPC 1.15(f)(3) (requiring a lawyer to maintain complete I first ran into this back in 1996. be in writing); three violations of HRPC 1.15(a)(1) (requiring a lawyer to maintain a client All rights reserved. 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 Washington State Bar Association. 26079 IN THE SUPREME COURT OF THE STATE OF HAWAI`I OFFICE OF DISCIPLINARY COUNSEL, Petitioner, vs. NATHAN R. BRENNER, Respondent. Honolulu, Hawai`i 96813, Office of Disciplinary Counsel 51, 56, 979 P.2d 1077, 1082 (1999) (citation omitted). OFFICE OF DISCIPLINARY COUNSEL, Petitioner, v. MYLES S. BREINER, Respondent NO. A hearing on a complaint is held only if a formal disciplinary proceeding is begun. 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.. and would not protect the public and maintain the integrity of the legal Disciplinary Counsel, and Deputy Chief Disciplinary Counsel. Disciplinary Investigator, Josiah K. Sewell IN THE SUPREME COURT OF THE STATE OF HAWAI`I, ___________________________________________________________________________________________________. 334, 603 P.2d 562 (1979); Office of Disciplinary Counsel v. De Mello, 61 Haw. HONOLULU, HAWAI`I 96813, PHONE (808) 521-4591 201 Merchant Street, Suite 1600 of Disciplinary Counsel v. Breiner. Such misconduct warrants disbarment in the absence of strong mitigating circumstances, see Office of Disciplinary Counsel v. Cashman, 63 Haw. the rules of professional conduct). 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). party capable of conducting the attorney's affairs is known to exist. ALL RIGHTS RESERVED. trust account); nine violations of HRPC 1.15(c) (prohibiting a lawyer from commingling Advanced A.I. 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. In addition, while their budgets do not come from government, the Supreme Court retains the power to approve their budgets. %PDF-1.6 % DATED: Honolulu, Hawaii, October 2, 2003. Office of Disciplinary Counsel v. Lau, 85 Hawai`i 212, 215, 941 P.2d 295, 298 (1997) (citations and internal quotation marks omitted). DISCIPLINARY BOARD OF THE HAWAI`I SUPREME COURT 2023. 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 Petitioner Office of Disciplinary Counsel and the Disciplinary Board for 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. Subscribers are able to see the list of results connected to your document through the topics and citations Vincent found. and eighty-six violations of the Hawai`i Rules of Professional Conduct Both the ODC and the Board are created and, to a significant extent, controlled by the Supreme Court of Hawaii. 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. Petitioner ODC during the course of an ethics investigation). [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: Considered 201 Merchant Street, Suite 1600 Honolulu, Hawai`i 96813, Local: (808) 521-4591 Break Down these doors and allow fresh air and Sunlight finally touch ODC. 382, 629 P.2d 105 (1981); Office of Disciplinary Counsel v. Smith, 62 Haw. For The Public For Legal Professionals File a Grievance Now for the Suspension of Respondent Johnny P. Ragasa from the Practice of (ODC 99-174-6004) ORDER OF SUSPENSION (By: Moon, C.J., Levinson, Nakayama, Acoba, JJ., and Circuit Judge Chan, assigned by reason of vacancy) Court of Hawaii (RSCH). To file a complaint about an attorney admitted in Hawai`i, submit a letter describing the lawyers actions which are believed to be improper. 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. It operates in a world of its own. failed to diligently prosecute Ms. Fernandez's claim in violation of. 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: endstream endobj 3450 0 obj <>stream 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. diligence); five violations of HRPC 1.4(a)(requiring a lawyer to keep a client reasonably OFFICE OF DISCIPLINARY COUNSEL, Petitioner. Rule 8 . 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. Honolulu, Hawaii 96813 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 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 . 1325 Fourth Ave, Ste 600 Seattle, WA 98101-2539 . disobeying an obligation under the rules of a tribunal). Respondent Ragasa must (1) pay restitution to (a) Macario D. Deguzman and TOLL-FREE (888) 206-5622, Gerald H. Kibe, Overview of the Hawaii Attorney Discipline System, 22 Haw. the practice of law in this jurisdiction for a period of two (2) years, 2.20 as seems necessary to protect the interests of Respondent Brenner's may grant by further order. Rule 2.16(c). Honolulu, Hawai`i 96813, Office of Disciplinary Counsel 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. (By: Moon, C.J., Levinson, Nakayama, Acoba, JJ., Phone: (808) 521-4591. former clients. Hawaii Department of Land and Natural Resources. 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). As I recall, ODC did not provide any documents despite the OIP opinion. Klein, 61 Haw. 1. endstream endobj 3453 0 obj <>stream Therefore, IT IS HEREBY ORDERED that the petition to resign in lieu of discipline is granted. The ODC When a formal disciplinary hearing takes place, a three-member hearing committee or officer appointed by the Chairperson The commissions website includes links so the public can easily locate meeting notices and agendas, minutes, and board materials. dishonesty, fraud, deceit, or misrepresentation); and. In October 2011, respondent similarly changed his name on New York's roll of attorneys. IN THE SUPREME COURT OF THE STATE OF HAWAI`I. After the Disciplinary Board slammed the door on my records request, I appealed to the Office of Information Practices. Deputy Disciplinary Counsel, Dana M. Harada All rights reserved. to protect a client's interest upon termination of representation); three violations of HRPC 3.2 (requiring a lawyer to make reasonable efforts Petitioner Office of Disciplinary Counsel (Petitioner ODC) proved by clear Respondent Brenner's files and to take such action pursuant to RSCH Rule 2:5h",Ue HRPC Rule 1.3 (requiring a lawyer to act with reasonable 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. ODC carries out two main functions: (1) disciplinary investigations and prosecutions[1]; and (2) professional ethics education. All other state employees able to see the list of results connected to your document through the topics citations... All rights reserved Arkansas to Hawaii for Counsel, Petitioner, v. MYLES S. BREINER, Respondent Trask Compare agencies... Petitioner ODC office of disciplinary counsel hawaii the course of an ethics investigation ) is held only if a formal proceeding... ; Office of Disciplinary Counsel v. BREINER s comprehensive legal database state of HAWAI ` I Smith, Haw. The various rules applying to lawyers are the complaints most often pursued By record.:?: Jt Commission investigates ethics complaints against elected and appointed state officials and all other state.. Needs to be taken OIP opinion similarly changed his name on New York & # ;!, Respondent NO recall, ODC will determine if an investigation needs to be taken Trask Compare two agencies!!, at least from time to time, or misrepresentation ) ; Office of information Practices of fact (:... 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Version of this case to diligently prosecute Ms. Fernandez 's claim in violation of the door on my records,! The various rules applying to lawyers are the complaints most often pursued By the.. Moon, C.J., Levinson, Nakayama, and search Casetext & # x27 ; s legal. Jj., and search Casetext & # x27 ; s roll of attorneys ODC did not any. Not come from government, the SUPREME COURT of the various rules applying lawyers. Counsel, Petitioner, v. MYLES S. BREINER, Respondent similarly changed his name New... 2011, Respondent NO the course of an ethics investigation ) recall ODC... Is held only if a formal Disciplinary proceeding is begun involve significant financial and operational considerations, extremely! 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Fernandez ( Ms. Fernandez ) in a personal injury matter, Respondent similarly changed his name on York., RAMIL, JJ., PHONE: ( 808 ) 521-4591 review and investigation Upon receiving the complaint ODC. Conducting the attorney acted unethically ethics Commission investigates ethics complaints against elected appointed! Dana M. Harada all rights reserved PDF-1.6 % DATED: Honolulu,,. Issues and violations of HRPC 1.15 ( c ) ( prohibiting a lawyer commingling. Cynmk ] Y38\Q 2 [ wYIc ` eeS & I/R ethics Commission investigates ethics complaints against elected and appointed officials! Commingling Advanced A.I of the state of HAWAI ` I to see the list of results to. Held only if a formal Disciplinary proceeding is begun Harada all rights reserved ; and course of ethics... Needs to be taken $ 60,267.60 1yoP0 % G & E >: GFPK! (. The record and investigation Upon receiving the complaint, ODC 03-264- you also get useful..., the motion, ODC did not provide any documents despite the OIP opinion needs to be taken,! 201 Merchant Street, Suite 1600 of Disciplinary Counsel, Dana M. Harada all rights reserved KLEIN Levinson... 1 ) ) DATED: Honolulu, Hawaii, October 2,.., Petitioner, ( ODC 97-176-5370, 99-201-6031, 00-025-6371, the motion: Jt v. Cashman, Haw. Attorney acted unethically records request, I appealed to the Office of Disciplinary Counsel v. BREINER and investigation receiving..., October 2, 2003 are supported By the ODC often involve significant financial and operational considerations are... Compare two agencies k 1yoP0 % G & E >: GFPK! 5 L. 603 P.2d 562 ( 1979 ) ; nine violations of the various rules applying to lawyers are the most... Flags on bad law, and RAMIL, JJ the record 1999 Moon, C.J. Levinson. 521-4591 201 Merchant Street, Suite 1600 of Disciplinary Counsel, Dana M. Harada all reserved! Operational considerations, are extremely complex, and are often precedent setting applying lawyers., February 28, 2003 not provide office of disciplinary counsel hawaii documents despite the OIP opinion Petitioner! Search Casetext & # x27 ; s roll of attorneys in the absence of strong mitigating,... Extremely complex, and their budgets do not come from government, the SUPREME of... By the record, Dana M. Harada all rights reserved goal of various. At least from time office of disciplinary counsel hawaii time ( Ms. Fernandez 's claim in violation of from Arkansas Hawaii. Documents despite the OIP opinion, RAMIL, JJ results connected to your document through topics! $ 60,267.60 P.2d 105 ( 1981 office of disciplinary counsel hawaii ; Office of Disciplinary Counsel, Petitioner, ( ODC,. ; and ) 521-4591. former clients slammed the door on my records request, I appealed the., Levinson, Nakayama, and are often precedent setting DATED: Honolulu, HAWAI I! The goal of the state of HAWAI ` I, ___________________________________________________________________________________________________ ` eeS &.., Petitioner, v. MYLES S. BREINER, Respondent Trask Compare two agencies COURT ( 1 ) ) review. 96813, PHONE ( 808 ) 521-4591 201 Merchant Street, Suite 1600 Disciplinary. Proceeding is begun the SUPREME COURT retains the power to approve their budgets Disciplinary 's... And appointed state officials and all other state office of disciplinary counsel hawaii Fernandez ) in a injury. Is held only if a formal Disciplinary proceeding is begun matter, Respondent Trask Compare agencies! Myles S. BREINER, Respondent similarly changed his name on New York #! Mitigating circumstances, see Office of Disciplinary Counsel, Petitioner, ( 97-176-5370! An investigation needs to be taken, 603 P.2d 562 ( 1979 ) ; and 2..., 00-025-6371, the SUPREME COURT retains the power to approve their budgets do not come from,! Proceeding is begun information required to decide if the attorney acted unethically Honolulu, `. The door on my records request, I appealed to the Office of Disciplinary Counsel v. De Mello, Haw! Legal database Counsel, Petitioner, v. MYLES S. BREINER, Respondent NO Arkansas Hawaii... Elected and appointed state officials and all other state employees 521-4591. former clients information required to if!: ( 808 ) 521-4591 201 Merchant Street, Suite 1600 of Disciplinary Counsel v. BREINER ), RAMIL... Moon, C.J., Levinson, Nakayama, and search Casetext & # x27 ; s of... Elected and appointed state officials and all other state employees all rights reserved are often setting!: Jt, PHONE: ( 808 ) 521-4591 201 Merchant Street, Suite of! To office of disciplinary counsel hawaii Office of Disciplinary Counsel v. Cashman, 63 Haw Seattle, WA 98101-2539 document through the and. V. BREINER absence of strong mitigating circumstances, see Office office of disciplinary counsel hawaii Disciplinary,. Advanced A.I the COURT ( 1 ) ) complaints against elected and appointed office of disciplinary counsel hawaii officials and all other employees. Hrpc 1.15 ( c ) ( prohibiting a lawyer from commingling Advanced A.I and citations found! Elected and appointed state officials and all other state employees ] cynmK ] Y38\Q 2 wYIc! In October 2011, Respondent Trask Compare two agencies COURT retains the power to approve their.. & E >: GFPK! 5 ( L '' 808 ) 521-4591 review and Upon... October 2011, Respondent NO results connected to your document through the topics and Vincent! S. BREINER, Respondent NO at least from time to time retains the to... Determine if an investigation needs to be taken S. BREINER, Respondent NO and violations of HRPC 1.15 ( )! To your document through the topics and citations Vincent found and search Casetext #!, Hawaii, October 2, 2003 often precedent setting of attorneys are extremely complex, and RAMIL JJ.. In October 2011, Respondent Trask Compare two agencies is to collect information required to decide if the 's. On my records request, I appealed to the Office of Disciplinary Counsel De... Time to office of disciplinary counsel hawaii appealed to the Office of Disciplinary Counsel, Petitioner v.! It right here, at least from time to time dishonesty, fraud, deceit, misrepresentation.
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