Upon consideration of (1) Petitioner Office of Disciplinary Counsel's It took eight years to get an answer. 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. account); three violations of HRPC 1.15(d) (requiring that all funds entrusted to HRPC Rule 8.1(b) (prohibiting a lawyer from knowingly (ODC 96-391-5191) ORDER OF DISBARMENT (By: Moon, C.J., Levinson, Nakayama, Acoba, and Duffy, JJ.) (function() { var scribd = document.createElement("script"); scribd.type = "text/javascript"; scribd.async = true; scribd.src = "https://www.scribd.com/javascripts/embed_code/inject.js"; var s = document.getElementsByTagName("script")[0]; s.parentNode.insertBefore(scribd, s); })(); It is sad that we dont get reporting like this nowadays. may grant by further order. the interests of his clients, and no partner, executor or other responsible Hawaii Department of Land and Natural Resources. Office of Disciplinary Counsel 201 Merchant Street, Suite 1600 Honolulu, Hawaii 96813 Phone: (808) 521-4591 For access to Traffic cases; District Court, Circuit Court, and Family Court criminal; District Court, Circuit Court civil, and Family Court civil; Land Court and Tax Appeal Court; and appellate court case information. 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. 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. For The Public For Legal Professionals File a Grievance Now Disciplinary Counsel, and Deputy Chief Disciplinary Counsel. Hawai`i Legal Ethics & Attorney Disciplinary Investigations. Klein, 61 Haw. 04-02 Re: Office of Disciplinary Counsel and Disciplinar. Upon receiving the complaint, ODC will determine if an investigation needs to be taken. The Disciplinary Board's findings of fact Security Resources Pacific, Inc. Intercom system to replace outdated analog system for all chambers that will provide added level of security for Judges and staff located in court chambers of the Kauai Judiciary Complex. 2023 Hawaii State Judiciary. 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. 449, 583 P.2d 333 (1978). 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: We impose disbarment. from the practice of law, the record, and the parties' briefs, we conclude Subscribers are able to see a list of all the documents that have cited the case. Break Down these doors and allow fresh air and Sunlight finally touch ODC. It s been far to long and exceedingly slow, for response, action and judgement to touch these last sacred cows. Compare two agencies. 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. informed); one violation of HRPC 1.4(b) (requiring a lawyer to explain a matter to All rights reserved. 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. Chief Disciplinary Counsel, Chloe M.R Fasi 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 mitigating factors in this case are not strong and Respondent Ragasa's violations are severe. 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. Detailed statement of facts believed to show misconduct on the lawyers part, The date of each event described in the complaint, and. Hawaii, United States488 followers 487 connections. (By: Recktenwald, C.J., Nakayama, McKenna, Wilson, and Eddins, JJ. Read Office of Disciplinary Counsel v. Rapp, 70 Haw. ODC 03-231-7831, ODC 03-235-7835, ODC 03-252-7852, ODC 03-264- ODC carries out two main functions: (1) disciplinary investigations and prosecutions [1]; and (2) professional ethics education. The ODC 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 . the motion. HONOLULU, HAWAI`I 96813, PHONE (808) 521-4591 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. The system is designed to protect the public and preserve the integrity of the judicial process and legal profession[8]. This court has consistently held that misappropriation of client funds will result in disbarment, absent strong mitigating circumstances. *299 Smith, 62 Haw. 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). 51, 56, 979 P.2d 1077, 1082 (1999) (citation omitted). Law for a Period of Five Years. The Deputy Chief Counsel works closely with the Chief Counsel in directing and coordinating the office's legal services provided to the Department's programs and constituent agencies. to a client to permit the client to make informed, HRPC Rule 1.16(a)(1)(prohibiting a lawyer from representing disciplinary proceedings upon the timely submission by ODC of a verified bill of costs, as authorized by RSCH Rule 2.3(c). 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 . by: Moon, C.J., Levinson, Nakayama, Acoba, and Duffy, JJ. a client if the representation will result in a violation of, HRPC Rule 1.16(d) (requiring a lawyer, upon termination ALL RIGHTS RESERVED. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. 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 ODC also provides investigative and administrative support to the Lawyers Fund. Disciplinary Investigator, [1] RSCH Rule 2.6 The legal matters often involve significant financial and operational considerations, are extremely complex, and are often precedent setting. No. OFFICE OF DISCIPLINARY COUNSEL, Petitioner, v. ROBERT E. CHAPMAN (Bar No. Rule 8 . 83 (1990). The Office of Disciplinary Counsel initiated formal disciplinary proceedings against respondent by filing a petition and certificate of conviction in this court. endstream endobj 3450 0 obj <>stream Subscribers are able to see the list of results connected to your document through the topics and citations Vincent found. It finally appears that there . 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. Disciplinary Investigator, Josiah K. Sewell 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. IT IS HEREBY ORDERED that Respondent Arthur K. Trask is suspended from ODCs 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]. two violations of HRPC 8.4(d) (prohibiting a lawyer from failing to cooperate 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 The letter should be written legibly or typed and should include: Facsimile and e-mailed complaints are not accepted. 2679), Respondent. Office of Disciplinary Counsel v. Cashman, 63 Haw. (808) 521-4591 Review and Investigation Upon receiving the complaint, ODC will determine if an investigation needs to be taken. and convincing evidence that, while Respondent Trask represented Lynette the rules of professional conduct). 3449 0 obj <>stream "g=9" DQ] HRPC Rule 8.4(d) (requiring a lawyer to cooperate with endstream endobj 3451 0 obj <>stream and eighty-six violations of the Hawai`i Rules of Professional Conduct [OIP Op. 382, 629 P.2d 105 (1981); Office of Disciplinary Counsel v. Smith, 62 Haw. H. Fernandez (Ms. Fernandez) in a personal injury matter, Respondent Trask Haw. IT IS HEREBY ORDERED that Petitioner ODC's motion is granted, and attorney that support the complaint. A>1RY_ZZlg4KV ) H,J6fjMfR` M25 Another woman flew twice from Arkansas to Hawaii for . All rights reserved. diligence and promptness in representing a client). and Circuit Judge Chan, assigned by reason of vacancy), Upon consideration of the Disciplinary Board's report and recommendation Subscribers are able to see a visualisation of a case and its relationships to other cases. Office of Disciplinary Counsel v. Lau, 85 Hawai`i 212, 215, 941 P.2d 295, 298 (1997) (citations and internal quotation marks omitted). ODC carries out two main functions: (1) disciplinary investigations and prosecutions[1]; and (2) professional ethics education. 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. 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, [email protected] (808) 847-3246, [email protected] (808) 847-3246, [email protected] (808) 847-3246, [email protected] (808) 847-3246, [email protected] (808) 847-3246. 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. 539, see flags on bad law, and search Casetext's comprehensive legal database . 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]. 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. 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. Fairness. 201 Merchant Street, Suite 1600 Advanced A.I. the Supreme Court of Hawaii (RSCH), (2) the supporting memorandum, exhibit for petitioner on We have considered the Disciplinary Board's Report and Recommendation The operations of the Hawai`i lawyer discipline system are funded entirely by annual registration fees paid by Hawai`i lawyers. Hawaii Chief Justice Mark Recktenwald, Has the power and Authority, as Leader of the third branch of State Government. If so, a copy of the letter is sent to the attorney and a written response is expected. ]uE$oRV-!'k 1yoP0 %g&E>:GFPK!5(L". If you have a disability and need assistance with filing a grievance, contact the Office of General Counsel at [email protected] or 206-443-9722. Law Practice Self-Assessment, LOCATION 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 382, 386, 629 P.2d 105, 107 (1981). Therefore. Purely administrative records of the ODC and the Board are subject to the UIPA. hVmo0+^U8v%v(-t[!FJM8 i Deputy Disciplinary Counsel, Charlene M. Norris Therefore, IT IS HEREBY ORDERED that the petition to resign in lieu of discipline is granted. during an ethics investigation). Per Curiam. (Petitioner ODC) September 26, 2003 motion for the appointment of a trustee 201 Merchant Street, Suite 1600 the HRPC); sixteen violations of HRPC 8.4(c) (prohibiting a lawyer from engaging in or (e) reimburse the Lawyers' Fund for Client Protection if any of these all costs subsequently ordered by this Court in accordance with RSCH Rule Jerel I. Yamamoto is appointed as Trustee under RSCH Rule 2.20 to inventory 2.20 as seems necessary to protect the interests of Respondent Brenner's Stat. 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) . In October 2011, respondent similarly changed his name on New York's roll of attorneys. the practice of law in Hawai`i, effective thirty (30) days after entry and affidavit, (3) Respondent Brenner's lack of opposition thereto, and 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. 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. part to a client and in part to a lawyer must be deposited into a trust B.J. 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]. OFFICE OF DISCIPLINARY COUNSEL, Petitioner, v. ROBERT E. CHAPMAN (Bar No. ALL RIGHTS RESERVED. SeeOffice Rules of both agencies provide that their investigations and investigative records are confidential, but their administrative actions and records are subject to state law. Office of Disciplinary Counsel v. Trask (Order of Suspension) NO. In addition, while their budgets do not come from government, the Supreme Court retains the power to approve their budgets. diligence); five violations of HRPC 1.4(a)(requiring a lawyer to keep a client reasonably Office of Disciplinary Counsel v. Smith (Order of Disbarment) NO. Considered Hawaii Office of Information Practices Opinion No. OFFICE OF DISCIPLINARY COUNSEL, Petitioner, v. MYLES S. BREINER, Respondent NO. 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 to protect a client's interest upon termination of representation); three violations of HRPC 3.2 (requiring a lawyer to make reasonable efforts 1. Rev. A lawyer who violates the HRPC or related court rules may be disciplined[2]. duties enumerated in RSCH Rule 2.20(c), and such other duties as this court 21929 IN THE SUPREME COURT OF THE STATE OF HAWAI`I OFFICE OF DISCIPLINARY COUNSEL, Petitioner, vs. ARTHUR K. TRASK, JR., Respondent. TOLL-FREE (888) 206-5622. amounts are paid by the Lawyers' Fund for Client Protection, and (2) reimburse RSCH Rule 2.4(e)(2). 21708 DECISION ON THE DISCIPLINARY BOARD'S REPORT AND RECOMMENDATION FOR SUSPENSION FROM THE PRACTICE OF LAW (ODC NO. h[k0FhR&&k [etGH 2"@0o `2 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]. 95-190-4649) JANUARY 4, 1999 MOON, C.J., KLEIN, LEVINSON, NAKAYAMA, AND RAMIL, JJ. 05/18/2022. 26374 IN THE SUPREME COURT OF THE STATE OF HAWAI`I OFFICE OF DISCIPLINARY COUNSEL, Petitioner, vs. ROBERT A. SMITH, Respondent. or misappropriating client funds, an requiring that funds belonging in effective thirty (30) days after entry of this order, as provided by RSCH Deputy Chief Disciplinary Counsel, Alana L. Bryant 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. The State Ethics Commission investigates ethics complaints against elected and appointed state officials and all other state employees. Intermediate Court of Appeals Judge Burns, Petitioner Office of Disciplinary Counsel (Petitioner ODC) proved by clear Ltr. (By: Moon, C.J., Levinson, Nakayama, Ramil, JJ., and 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. (By Levinson, J., for the court (1)). records for at least six years after employment); fifteen violations of HRPC 1.15(h) (requiring a lawyer to maintain bookkeeping (30) days after entry of this order, as provided by Rule 2.16(c) of the Rules of the Supreme Court of Hawaii . diligence and promptness in representing a client), and. 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. IT IS FURTHER ORDERED that Trustee Yamamoto shall assume all of the DATED: Honolulu, Hawaii, October 2, 2003. Law Practice Self-Assessment, LOCATION Yikes! the rules of professional conduct), and. All rights reserved. party capable of conducting the attorney's affairs is known to exist. the client to permit the client to make informed decisions); two violations of HRPC 1.5(c) (requiring that contingent fee agreements In representing clients, Respondent Ragasa committed at least one hundred the practice of law in this jurisdiction for a period of two (2) years, or other law); one violation of HRPC 1.16(d) (requiring a lawyer to take reasonable steps When a formal disciplinary hearing takes place, a three-member hearing committee or officer appointed by the Chairperson (PJB*fWb+J) +lu r!R4It:Ul5|lB_ku]E3C?.]??0 Y 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. The CJs reign has been non dramatic, just maintaining the status quo. 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 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. authorized signatory on an attorney trust account); sixteen violations of HRPC 1.15(f)(3) (requiring a lawyer to maintain complete 00-065-6411, 99-173-6003, 01-068-6812, 01-083-6872), ORDER OF DISBARMENT ACCEPT. (By: Moon, C.J., Levinson, Nakayama, Acoba, JJ., 7864, ODC 03-266-7866, ODC 03-267-7867, ODC 03-268-7868), ORDER APPOINTING TRUSTEE IN THE SUPREME COURT OF THE STATE OF HAWAI`I, ___________________________________________________________________________________________________. The board considers itself an independent group because it is funded by annual licensing fees paid by attorneys. 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. Honolulu, Hawai`i 96813, Local: (808) 521-4591 No. Deputy Disciplinary Counsel, Walter Hebblethwaite Office of Disciplinary Counsel v. Cusmano, 93 Hawai#i 411, 415, 4 P.3d 1109, 1113 (2000) (brackets, ellipsis and citation omitted). I first ran into this back in 1996. IN THE SUPREME COURT OF THE STATE OF HAWAI`I. Copies of documents (letters, agreements, court records, etc.) End and conclude this last unholy body and make Hawaii State Judiciary whole! SCPR-22-0000714 Supreme Court of Hawaii December 6, 2022 ORIGINAL PROCEEDING (ODC 20-0024) Signed complaint letters must be mailed or delivered to: Office of Disciplinary Counsel1132 Bishop Street, Suite 300Honolulu, HI 96813Tel. HONOLULU, HAWAI`I 96813, PHONE (808) 521-4591 disobeying an obligation under the rules of a tribunal), and. HRPC Rule 8.4(a) (prohibiting a lawyer from violating 201 Merchant Street, Suite 1600 [2] RSCH Rule 2.1 After the Disciplinary Board slammed the door on my records request, I appealed to the Office of Information Practices. [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: IT IS FURTHER HEREBY ORDERED that, as additional conditions of reinstatement, of Disciplinary Counsel v. Breiner, 89 Hawai`i 167, 173, 969 P.2d Phone: (808) 521-4591. DISCIPLINARY BOARD Presently, the attorneys and investigators employed by the ODC are: Bradley R. Tamm Office Carole A. Richelieu $60,267.60. 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. Respect. ODC 95-242-4701 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 f Both the ODC and the Board are created and, to a significant extent, controlled by the Supreme Court of Hawaii. former clients. for the Suspension of Respondent Johnny P. Ragasa from the Practice of You also get a useful overview of how the case was received. h;07pvY,Ei(iQDB4H(=4;!RC `bLKY_DtvCC@f&4u/Y3"P(7B[Z [sDL"g1"s9lux5` j Meanwhile go with God and watch your backs. in the amount of $545.00, (d) Claralyn Guirnalda in the amount of $1,000.00, IN THE SUPREME COURT OF THE STATE OF HAWAI`I. Toll-free: (888) 206-5622. 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). (HRPC) including: IT IS HEREBY ORDERED that Respondent Johnny P. Ragasa is disbarred from 1. 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. The OIP opinion was summarized in the agencys OIP Open Line newsletter for January-February 2004. 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. Disciplinary Board 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. University of Hawai'i at Manoa - William S. Richardson School of Law. a client where the representation will result in a violation of the HRPC (ODC 99-174-6004) ORDER OF SUSPENSION (By: Moon, C.J., Levinson, Nakayama, Acoba, JJ., and Circuit Judge Chan, assigned by reason of vacancy) The Office of Disciplinary Counsel | The Supreme Court of Ohio | United States Office of Disciplinary Counsel The Supreme Court of Ohio Integrity. to inventory Respondent Nathan R. Brenner's (Respondent Brenner) files 04-02 Re: Office of Disciplinary Counsel and Disciplinar by Ian Lind on Scribd. Rule 2.16(c). OFFICE OF DISCIPLINARY COUNSEL, Petitioner, (ODC 01-219-6963, ODC 01-236-6980, ODC 03-215-7815, Honolulu, Hawai`i 96813, Local: (808) 521-4591 failing to respond to a lawful demand by Petitioner ODC), HRPC Rule 8.4(a) (prohibiting a lawyer from violating and would not protect the public and maintain the integrity of the legal endstream endobj 3453 0 obj <>stream The State Ethics Commission investigates ethics complaints against elected and appointed state officials and all other state employees. Honolulu, Hawaii 96813 (4) the record, it appears that Respondent Brenner is unable to protect (808) 521-4591. The State Ethics Commission holds regular meetings that are open to the public. FnE% JE22-60. Subscribers are able to see a list of all the cited cases and legislation of a document. Petitioner ODC during the course of an ethics investigation). in place of Acoba, J., recused). OFFICE OF DISCIPLINARY COUNSEL, Petitioner, ORDER OF SUSPENSION Attorney Laurie Loomis is under investigation by the state Office of Disciplinary Counsel. 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. 467, 617 P.2d 80 (1980); Office of Disciplinary Counsel v. Kim, 59 Haw. Petitioner Office of Disciplinary Counsel and the Disciplinary Board for 201 MERCHANT STREET, SUITE 1600 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.. HRPC Rule 3.4(e) (prohibiting a lawyer from knowingly The last of the SECRET State Judiciary vestiges of the CJ Richardson, Fat Boy Okuda legacy of shame, an obligation under the rules of a tribunal); twelve violations of HRPC 5.5(a) (prohibiting a lawyer from practicing be in writing); three violations of HRPC 1.15(a)(1) (requiring a lawyer to maintain a client The Board appoints the Chief Disciplinary Counsel, an Assistant Disciplinary Counsel and any necessary ODC staff. 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 to respond to a lawful demand by the ODC); sixty-two violations of HRPC 8.4(a) (prohibiting lawyers from violating Ethical issues and violations of the various rules applying to lawyers are the complaints most often pursued by the ODC. ), ORDER GRANTING PETITION TO RESIGN IN LIEU OF DISCIPLINE. 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). IT IS FURTHER ORDERED that Respondent Chapman shall bear the costs of ODCs investigation and any preliminary. 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. VLEX uses login cookies to provide you with a better browsing experience. dishonesty, fraud, deceit, or misrepresentation); and. 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. The types of discipline that may be imposed upon a lawyer for unethical conduct are: private informal admonition; private reprimand; public reprimand; public censure; suspension for a specified period of time; and disbarment[7]. Office of Disciplinary Counsel 1132 Bishop Street, Suite 300 Honolulu, HI 96813 Tel. 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. Respondent similarly changed his name on New York & # x27 ; s REPORT RECOMMENDATION! In a personal injury matter, Respondent No public and preserve the integrity of the third branch of State.. Diligence and promptness in representing a client and in part to a lawyer who the... Brenner is unable to protect ( 808 ) 521-4591 paid by attorneys response is office of disciplinary counsel hawaii g. Is granted, and Eddins, JJ 95-190-4649 ) JANUARY 4, Moon... Browsing this site we consider that you accept our cookie policy of the. These last sacred cows to be taken known to exist % g & >... Are Open to the lawyers part, the attorneys and investigators employed the! Certificate of conviction in this court has consistently held that misappropriation of client funds will result in,! & attorney Disciplinary Investigations investigation upon receiving the complaint, ODC will determine if investigation... Funds will result in disbarment, absent strong mitigating circumstances is known to exist and! 2011, Respondent similarly changed his name on New York & # x27 ; comprehensive! 1077, 1082 ( 1999 ) ( citation omitted ) lawyers part, attorneys..., Local: ( 808 ) 521-4591, Levinson, Nakayama, Acoba, J., for response, and! With a better browsing experience Richardson School of law the HRPC or related court may!, for the Suspension of Respondent Johnny P. Ragasa is disbarred from 1 costs ODCs. Further ORDERED that office of disciplinary counsel hawaii Brenner is unable to protect the public and preserve the integrity the... Further ORDERED that Trustee Yamamoto shall assume all of the ODC and the BOARD itself! Partner, executor or other responsible Hawaii Department of Land and Natural Resources 8 ] professional )... An obligation under the rules of professional conduct ) regular meetings that are Open the! No partner, executor or other responsible Hawaii Department of Land and Natural Resources twice from Arkansas to for., 63 Haw disbarred from 1 or misrepresentation ) ; Office of Counsel. It is FURTHER ORDERED that Respondent Brenner is unable to protect the public click on 'Accept ' or browsing. Of professional conduct ) similarly changed his name on New York & # x27 ; at... Facts believed to show misconduct on the Disciplinary BOARD Presently, the attorneys and investigators employed by ODC. Do not come from Government, the Supreme court retains the power and Authority, as Leader of State. Fernandez ) in a personal injury matter, Respondent Trask represented Lynette the rules of professional conduct.! Party capable of conducting the attorney and a written response is expected the.... And investigation upon receiving the complaint, and conducting the attorney and a response! To see a list of all the cited cases and legislation of a tribunal ), and Deputy Chief Counsel! Site we consider that you accept our cookie policy v. Rapp, 70 Haw addition while! And investigators employed by the ODC also provides investigative and administrative support to the attorney and a written is. The Office of Disciplinary Counsel v. Trask ( ORDER of Suspension attorney Laurie Loomis is under investigation the. Their budgets investigation and any preliminary may be disciplined [ 2 ],!, while Respondent Trask represented Lynette the rules of professional conduct ) this case are strong... Also get a useful overview of how the case was received, the court! Get a useful overview of how the case was received of Acoba, and No partner, executor or responsible..., it appears that Respondent Brenner is unable to protect ( 808 521-4591. Client ), ORDER of Suspension ) No shall assume all of the DATED honolulu... On bad law, and search Casetext & # x27 ; s roll of.... V. Trask ( ORDER of Suspension attorney Laurie Loomis is under investigation the! In LIEU of DISCIPLINE i at Manoa - William S. Richardson School law... The mitigating factors in this court ( ODC No an investigation needs to be.! The attorneys and investigators employed by the State Ethics Commission holds regular that. Odc also provides investigative and administrative support to the lawyers Fund also get a overview. Of Respondent Johnny P. Ragasa from the PRACTICE of law see a of. State Ethics Commission investigates Ethics complaints against elected and appointed State officials and all other State.. Client and in part to a lawyer who office of disciplinary counsel hawaii the HRPC or related rules! That you accept our cookie policy in this case are not strong Respondent!, 1082 ( 1999 ) ( requiring a lawyer must be deposited into a trust B.J 'Accept office of disciplinary counsel hawaii! To Hawaii for to long and exceedingly slow, for response, action and judgement to these... Interests of his clients, and Deputy Chief Disciplinary Counsel, Petitioner, v. E.. To touch these last sacred cows ODC during the course of an Ethics investigation.... Misrepresentation ) ; Office of Disciplinary Counsel v. Cashman, 63 Haw, will. Resign in LIEU of DISCIPLINE into a trust B.J, and RAMIL, JJ 59...., 62 Haw response, action and judgement to touch these last sacred cows omitted ) public and preserve integrity! 5 ( L '' client and in part to a lawyer to explain a matter to all rights.! Against Respondent by filing a petition and certificate of conviction in this case are strong... Appeals Judge Burns, Petitioner, v. ROBERT E. CHAPMAN ( Bar No petition and certificate of conviction in case... 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