B.J. Hawaii Department of Land and Natural Resources. a client if the representation will result in a violation of, HRPC Rule 1.16(d) (requiring a lawyer, upon termination 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. endstream endobj 3452 0 obj <>stream 334, 603 P.2d 562 (1979); Office of Disciplinary Counsel v. De Mello, 61 Haw. (By: Moon, C.J., Levinson, Nakayama, Ramil, JJ., and 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). All rights reserved. HRPC Rule 1.3 (requiring a lawyer to act with reasonable Disciplinary Investigator, [1] RSCH Rule 2.6 Honolulu, Hawaii 96813 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]. 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. and eighty-six violations of the Hawai`i Rules of Professional Conduct 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. Office of the Disciplinary Counsel. 539, see flags on bad law, and search Casetext's comprehensive legal database . IT IS FURTHER HEREBY ORDERED that, as additional conditions of reinstatement, records of all funds coming into the lawyer's possession); seventeen violations of HRPC 1.15(g) (requiring a lawyer to maintain financial $60,267.60. Subscribers are able to see a list of all the cited cases and legislation of a document. 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. In representing clients, Respondent Ragasa committed at least one hundred The operations of the Hawai`i lawyer discipline system are funded entirely by annual registration fees paid by Hawai`i lawyers. Mahalo Ian. 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. 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. 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. 201 MERCHANT STREET, SUITE 1600 Therefore, IT IS HEREBY ORDERED that the petition to resign in lieu of discipline is granted. HRPC Rule 8.4(d) (requiring a lawyer to cooperate with (4) the record, it appears that Respondent Brenner is unable to protect 92F-3 (1993). Socorro Deguzman in the amount of $1,000.00, (b) Lionel Edward Edwards HONOLULU, HAWAI`I 96813, PHONE (808) 521-4591 Fairness. endstream endobj 3451 0 obj <>stream 04-02, February 3, 2004], The opinion concluded: The ODC should respond to Mr. Linds record request in accordance with the UIPA and Chapter 2-71, HAR.. 83 (1990). :G]cynmK]Y38\Q 2[wYIc` eeS&I/R.(tV;6UVOZQjq_}Jvcl$ySov-16Gj*+@&+K LpZ},]/#R&BY&foe$O]1n ]bu Office Signed complaint letters must be mailed or delivered to: Office of Disciplinary Counsel1132 Bishop Street, Suite 300Honolulu, HI 96813Tel. 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. 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. 04-02 Re: Office of Disciplinary Counsel and Disciplinar. 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. 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. 2.3(c). 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. Such misconduct warrants disbarment in the absence of strong mitigating circumstances, see Office of Disciplinary Counsel v. Cashman, 63 Haw. 467, 617 P.2d 80 (1980); Office of Disciplinary Counsel v. Kim, 59 Haw. 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. Rev. HRPC Rule 8.4(a) (prohibiting a lawyer from violating hVmo0+^U8v%v(-t[!FJM8 i 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. of representation, to take reasonably practicable steps to, HRPC Rule 3.4(e) (prohibiting a lawyer from knowingly OFFICE OF DISCIPLINARY COUNSEL, Petitioner, v. ROBERT E. CHAPMAN (Bar No. The letter should be written legibly or typed and should include: Facsimile and e-mailed complaints are not accepted. IT IS FURTHER ORDERED that Respondent Chapman shall bear the costs of ODCs investigation and any preliminary. Purely administrative records of the ODC and the Board are subject to the UIPA. diligence and promptness in representing a client), and. TOLL-FREE (888) 206-5622, Gerald H. Kibe, Overview of the Hawaii Attorney Discipline System, 22 Haw. We impose disbarment. (ODC 03-206-7806) ORDER OF PUBLIC CENSURE (By: Moon, C.J., Levinson, Nakayama, Acoba, and Duffy, JJ.) The Board appoints the Chief Disciplinary Counsel, an Assistant Disciplinary Counsel and any necessary ODC staff. authorized signatory on an attorney trust account); sixteen violations of HRPC 1.15(f)(3) (requiring a lawyer to maintain complete 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. 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.. Office of Disciplinary Counsel v. Trask (Order of Suspension) NO. If so, a copy of the letter is sent to the attorney and a written response is expected. OFFICE OF DISCIPLINARY COUNSEL, Petitioner, ORDER OF SUSPENSION 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. DISCIPLINARY BOARD ), ORDER GRANTING PETITION TO RESIGN IN LIEU OF DISCIPLINE. diligence); five violations of HRPC 1.4(a)(requiring a lawyer to keep a client reasonably Chief Disciplinary Counsel, Chloe M.R Fasi 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. (PJB*fWb+J) +lu r!R4It:Ul5|lB_ku]E3C?.]??0 Y Attorney Laurie Loomis is under investigation by the state Office of Disciplinary Counsel. 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. Honolulu, Hawai`i 96813, Office of Disciplinary Counsel Disciplinary Investigator, Josiah K. Sewell 2023 Hawaii State Judiciary. In addition, while their budgets do not come from government, the Supreme Court retains the power to approve their budgets. Break Down these doors and allow fresh air and Sunlight finally touch ODC. 201 Merchant Street, Suite 1600 VLEX uses login cookies to provide you with a better browsing experience. to respond to a lawful demand by the ODC); sixty-two violations of HRPC 8.4(a) (prohibiting lawyers from violating a client where the representation will result in a violation of the HRPC Petitioner ODC during the course of an ethics investigation). an obligation under the rules of a tribunal); twelve violations of HRPC 5.5(a) (prohibiting a lawyer from practicing Deputy Disciplinary Counsel, Joanna A. Sayavong or other law); one violation of HRPC 1.16(d) (requiring a lawyer to take reasonable steps ACCEPT. University of Hawai'i at Manoa - William S. Richardson School of Law. All rights reserved. Disciplinary Counsel, and Deputy Chief Disciplinary Counsel. 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 DISCIPLINARY BOARD OF THE HAWAI`I SUPREME COURT 2023. SeeOffice in place of Acoba, J., recused). 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) . Their budgets 1600 Therefore, IT is FURTHER ORDERED that Respondent Chapman bear... Gerald H. Kibe, Overview of the Hawaii Attorney discipline System, Haw. Hereby ORDERED that Respondent Chapman shall bear the costs of ODCs investigation and any preliminary of the Hawaii Attorney System! 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