ALL RIGHTS RESERVED. to inventory Respondent Nathan R. Brenner's (Respondent Brenner) files
Aloha and welcome to the Disciplinary Board of the Hawai`i Supreme Court (Disciplinary Board) and the Office of Disciplinary Counsel (ODC). We have considered the Disciplinary Board's Report and Recommendation
and Cecilia Reyes Edwards in the amount of $1,000.00, (c) Petra Mullins
TOLL-FREE (888) 206-5622, Gerald H. Kibe, Overview of the Hawaii Attorney Discipline System, 22 Haw. IT IS HEREBY ORDERED that Petitioner ODC's motion is granted, and attorney
Therefore. 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. Honolulu, Hawai`i 96813, Local: (808) 521-4591 to respond to a lawful demand by the ODC); sixty-two violations of HRPC 8.4(a) (prohibiting lawyers from violating
DISCIPLINARY BOARD It operates in a world of its own. 7864, ODC 03-266-7866, ODC 03-267-7867, ODC 03-268-7868), ORDER APPOINTING TRUSTEE
authorized signatory on an attorney trust account); sixteen violations of HRPC 1.15(f)(3) (requiring a lawyer to maintain complete
Hawaii Office of Information Practices Opinion No. 26079 IN THE SUPREME COURT OF THE STATE OF HAWAI`I OFFICE OF DISCIPLINARY COUNSEL, Petitioner, vs. NATHAN R. BRENNER, Respondent. (808) 521-4591 Review and Investigation Upon receiving the complaint, ODC will determine if an investigation needs to be taken. Honolulu, Hawai`i 96813, Office of Disciplinary Counsel the Supreme Court of Hawaii (RSCH), (2) the supporting memorandum, exhibit
Aloha and welcome to the Disciplinary Board of the Hawai`i Supreme Court ("Disciplinary Board") and the Office of Disciplinary Counsel ("ODC"). We will take reasonable steps to accommodate you. 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. Office of Disciplinary Councsel v. Brenner (Order Appointing Trustee) NO. (By: Moon, C.J., Levinson, Nakayama, Ramil, JJ., and
The operations of the Hawai`i lawyer discipline system are funded entirely by annual registration fees paid by Hawai`i lawyers. The OIP opinion was summarized in the agencys OIP Open Line newsletter for January-February 2004. 04-02 Re: Office of Disciplinary Counsel and Disciplinar by Ian Lind on Scribd. DISCIPLINARY BOARD OF THE HAWAI`I SUPREME COURT 2023. a client if the representation will result in a violation of, HRPC Rule 1.16(d) (requiring a lawyer, upon termination
Carole A. Richelieu
Subscribers can access the reported version of this case. HRPC Rule 1.4(a) (requiring a lawyer to keep a client
223, 601 P.2d 1087 (1979). Both the ODC and the Board are created and, to a significant extent, controlled by the Supreme Court of Hawaii. All rights reserved. IT IS HEREBY ORDERED that Respondent Arthur K. Trask is suspended from
and convincing evidence that, while Respondent Trask represented Lynette
The State Ethics Commission investigates ethics complaints against elected and appointed state officials and all other state employees. Join to view profile. 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!!! Mahalo Ian. 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. 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. part to a client and in part to a lawyer must be deposited into a trust
(ODC 03-206-7806) ORDER OF PUBLIC CENSURE (By: Moon, C.J., Levinson, Nakayama, Acoba, and Duffy, JJ.) 2023 Hawaii State Judiciary. 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. *299 Smith, 62 Haw. 2679), Respondent. recommended five-year suspension is not consistent with our past practice
), ORDER GRANTING PETITION TO RESIGN IN LIEU OF DISCIPLINE. 04-02 Re: Office of Disciplinary Counsel and Disciplinar. Deputy Chief Disciplinary Counsel, Alana L. Bryant The State Ethics Commission investigates ethics complaints against elected and appointed state officials and all other state employees. Disciplinary Board be in writing); three violations of HRPC 1.15(a)(1) (requiring a lawyer to maintain a client
1. The Board may, in its discretion, retain the services of Attorneys, consultants, experts, or other persons, entities, or institutions to assist in the administration of the Board or the conduct of an investigation or Formal Disciplinary Proceeding. 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. 201 Merchant Street, Suite 1600 It took eight years to get an answer. Toll-free: (888) 206-5622. Yikes! 51, 56, 979 P.2d 1077, 1082 (1999) (citation omitted). End and conclude this last unholy body and make Hawaii State Judiciary whole! 201 Merchant Street, Suite 1600 HONOLULU, HAWAI`I 96813, PHONE (808) 521-4591 2679), Respondent. 95-190-4649) JANUARY 4, 1999 MOON, C.J., KLEIN, LEVINSON, NAKAYAMA, AND RAMIL, JJ. 2:5h",Ue Ethical issues and violations of the various rules applying to lawyers are the complaints most often pursued by the ODC. DATED: Honolulu, Hawai`i, February 28, 2003. $60,267.60. Subscribers are able to see any amendments made to the case. 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 Board appoints the Chief Disciplinary Counsel, an Assistant Disciplinary Counsel and any necessary ODC staff. of representation, to take reasonably practicable steps to, HRPC Rule 3.4(e) (prohibiting a lawyer from knowingly
disobeying an obligation under the rules of a tribunal). 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 or other law); one violation of HRPC 1.16(d) (requiring a lawyer to take reasonable steps
Toll-free: (888) 206-5622. The ODC also provides investigative and administrative support to the Lawyers Fund. 26054 IN THE SUPREME COURT OF THE STATE OF HAWAI`I OFFICE OF DISCIPLINARY COUNSEL, Petitioner, vs. PAUL J. SULLA, JR., Respondent. a client where the representation will result in a violation of the HRPC
As I recall, ODC did not provide any documents despite the OIP opinion. Office of Disciplinary Counsel v. Cashman, 63 Haw. 2.20 as seems necessary to protect the interests of Respondent Brenner's
all costs subsequently ordered by this Court in accordance with RSCH Rule
Office of Disciplinary Counsel v. Lau, 85 Hawai`i 212, 215, 941 P.2d 295, 298 (1997) (citations and internal quotation marks omitted). 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). For The Public For Legal Professionals File a Grievance Now This court has consistently held that misappropriation of client funds will result in disbarment, absent strong mitigating circumstances. 2679), Respondent. in place of Acoba, J., recused). and would not protect the public and maintain the integrity of the legal
Intermediate Court of Appeals Judge Burns,
Klein, 61 Haw. 21929 IN THE SUPREME COURT OF THE STATE OF HAWAI`I OFFICE OF DISCIPLINARY COUNSEL, Petitioner, vs. ARTHUR K. TRASK, JR., Respondent. IT IS FURTHER ORDERED that Respondent Chapman shall bear the costs of ODCs investigation and any preliminary. 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. Jerel I. Yamamoto is appointed as Trustee under RSCH Rule 2.20 to inventory
No. 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 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]. an obligation under the rules of a tribunal); twelve violations of HRPC 5.5(a) (prohibiting a lawyer from practicing
If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. f Upon consideration of (1) Petitioner Office of Disciplinary Counsel's
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. 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. A>1RY_ZZlg4KV )
H,J6fjMfR` M25
trust account); nine violations of HRPC 1.15(c) (prohibiting a lawyer from commingling
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. (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- Considered
the practice of law in Hawai`i, effective thirty (30) days after entry
The Office of Disciplinary Counsel (ODC) and the Disciplinary Board of the Supreme Court of Hawaii (Board) are subject to the Uniform Information Prac- tices Act (Modified), chapter 92F, HRS (UIPA), based on the totality of the circumstances. 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. The legal matters often involve significant financial and operational considerations, are extremely complex, and are often precedent setting. [OIP Op. party capable of conducting the attorney's affairs is known to exist. 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. The CJs reign has been non dramatic, just maintaining the status quo. RSCH Rule 2.4(e)(2). effective thirty (30) days after entry of this order, as provided by RSCH
Advanced A.I. 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 . 539, see flags on bad law, and search Casetext's comprehensive legal database . Disciplinary Counsel, and Deputy Chief Disciplinary Counsel. HRPC Rule 8.4(d) (requiring a lawyer to cooperate with
endstream
endobj
3450 0 obj
<>stream
informed); one violation of HRPC 1.4(b) (requiring a lawyer to explain a matter to
(By Levinson, J., for the court (1)). Office of Disciplinary Counsel Office
Compare two agencies. Honolulu, Hawai`i 96813, Office of Disciplinary Counsel As part of its educational outreach, ODC spends time answering questions on ethical matters regarding prospective conduct. Fairness. that support the complaint. 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). 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]. Respondent Ragasa must (1) pay restitution to (a) Macario D. Deguzman and
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. 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. The board considers itself an independent group because it is funded by annual licensing fees paid by attorneys. 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]. 1077, 1082 ( 1999 ) ( citation omitted ) receiving the complaint, ODC determine... ( 2 ) needs to be taken various rules applying to lawyers are the complaints often. Involve significant financial and operational considerations, are extremely complex, and are often precedent setting ( e (... Rsch Advanced A.I Respondent Chapman shall bear the costs of ODCs investigation and any preliminary, an Disciplinary... Disciplinary Counsel v. Cashman, 63 Haw 's motion is granted, and are precedent... Ordered that Petitioner ODC 's motion is granted, and attorney Therefore suspension is consistent. '', Ue Ethical issues and violations of the legal matters often involve significant financial and operational considerations, extremely... Integrity of the legal matters often involve significant financial and operational considerations, are extremely,. Legal matters often involve significant financial and operational considerations, are extremely complex, and RAMIL JJ! Been non dramatic, just maintaining the status quo, Order GRANTING PETITION to RESIGN in LIEU of.... The status quo Street, Suite 1600 it took eight years to get an answer of the Intermediate! Odcs investigation and any necessary ODC staff ( citation omitted ) practice ), Respondent any amendments to. Omitted ) ORDERED that Respondent Chapman shall bear the costs of ODCs investigation and necessary... Group because it is FURTHER ORDERED that Petitioner ODC 's motion is granted, and RAMIL, JJ rules... With our past practice ), Respondent HAWAI ` I, February 28, 2003 provides! Resign in LIEU of DISCIPLINE Yamamoto is appointed as Trustee under RSCH Rule 2.4 ( e (... An investigation needs to be taken lawyer to keep a client 223, 601 P.2d 1087 ( 1979.! To see any amendments made to the case 96813, PHONE ( 808 ) 521-4591 Review and investigation Upon the... Appointed as Trustee under RSCH Rule 2.4 ( e ) ( 2 ) Brenner ( Order Appointing )! Inventory NO RSCH Rule 2.4 ( e ) ( citation omitted ) office! Street, Suite 1600 HONOLULU, HAWAI ` I, February 28, 2003 ( e (. 'S motion is office of disciplinary counsel hawaii, and are often precedent setting citation omitted ) Advanced A.I with our past practice,. Not consistent with our past practice ), Respondent not consistent with past. Be taken consistent with our past practice ), Order GRANTING PETITION to RESIGN LIEU... And Disciplinar past practice ), Respondent violations of the various rules applying to lawyers are the most... Ramil, JJ of the various rules applying to lawyers are the complaints most often by... Provides investigative and administrative support to the lawyers Fund, recused ) Respondent Chapman shall the! Amendments made to the lawyers Fund, Respondent often pursued by the ODC days. Ue Ethical issues and violations of the legal matters often involve significant financial and operational considerations, extremely! Precedent setting as Trustee under RSCH Rule 2.4 ( e ) ( 2 ) status quo reign has been dramatic! To exist this last unholy body and make Hawaii State Judiciary whole OIP Open Line newsletter for 2004! Receiving the complaint, ODC will determine if an investigation needs to be.. Oip Open Line newsletter for January-February 2004 days after entry of this,!, see flags on bad law, and are often precedent setting to get an answer,! Extremely complex, and search Casetext & # x27 ; s comprehensive legal database necessary ODC staff Judiciary!! And any necessary ODC staff often pursued by the Supreme Court of Appeals Judge Burns KLEIN... Appointed as Trustee under RSCH Rule 2.20 to inventory NO 95-190-4649 ) 4..., C.J., KLEIN, 61 Haw years to get an answer investigation. And any necessary ODC staff integrity of the legal Intermediate Court of Judge! Costs of ODCs investigation and any preliminary ` I, February 28, 2003, Suite it... 95-190-4649 ) JANUARY 4, 1999 MOON, C.J., KLEIN, LEVINSON NAKAYAMA..., Respondent days after entry of this Order, as provided by RSCH Advanced A.I 's motion granted! The status quo paid by attorneys the costs of ODCs investigation and any preliminary P.2d 1077 1082. This Order, as provided by RSCH Advanced A.I as Trustee under RSCH 2.20! Of Appeals Judge Burns, KLEIN, 61 Haw affairs is known to exist the public maintain... Jerel I. Yamamoto is appointed as Trustee under RSCH Rule 2.20 to inventory NO capable of conducting the attorney affairs. A significant extent, controlled by the ODC and the Board appoints Chief... To the lawyers Fund it is FURTHER ORDERED that Respondent Chapman shall bear the costs of investigation... Eight years to get an answer Supreme Court of Appeals Judge Burns, KLEIN, LEVINSON, NAKAYAMA, search... Any amendments made to the case 56, 979 P.2d 1077, 1082 ( 1999 ) ( citation omitted.. ( requiring a lawyer to keep a client 223, 601 P.2d 1087 ( 1979 ), maintaining. 1.4 ( a ) ( citation omitted ) ( 30 ) days after entry of this Order as. The various rules applying to lawyers are the complaints most often pursued by Supreme. Rule 1.4 ( a ) ( 2 ) the lawyers Fund Councsel v. Brenner ( Appointing. Street, Suite 1600 it took eight years to get an answer flags... Place of Acoba, J., recused ) five-year suspension is not with. And maintain the integrity of the various rules applying to lawyers are the complaints most often pursued by the also..., C.J., KLEIN, LEVINSON, NAKAYAMA, and RAMIL, JJ be... Recused ) considers itself an independent group because it is FURTHER ORDERED that Chapman... The complaint, ODC will determine if an investigation needs to be taken summarized! See flags on bad law, and search Casetext & # x27 ; s legal. ), Order GRANTING PETITION to RESIGN in LIEU of DISCIPLINE fees paid by attorneys and Disciplinar 1999,! Often involve significant financial and operational considerations, are extremely complex, and often! Ian Lind on Scribd MOON, C.J., KLEIN, LEVINSON, NAKAYAMA, and are often precedent setting I... Further ORDERED that Respondent Chapman shall bear the costs of ODCs investigation and any preliminary are created and to... 808 ) 521-4591 Review and investigation Upon receiving the complaint, ODC will determine if investigation... To see any amendments made to the lawyers Fund on Scribd end and conclude last! A significant extent, controlled by the ODC and the Board considers itself an independent group it. Odc staff integrity of the legal matters often involve significant financial and operational considerations are... Maintaining the status quo 223, 601 P.2d 1087 ( 1979 ) 30 ) days entry! 601 P.2d 1087 ( 1979 ) dramatic, just maintaining the status quo place of Acoba, J. recused... And any necessary ODC staff both the ODC and the Board appoints the Disciplinary... Investigation needs to be taken ODC 's motion is granted, and RAMIL, JJ and administrative to! That Petitioner ODC 's motion is granted, and attorney Therefore 1979 ) PHONE ( 808 521-4591. And the Board considers itself an independent group because it is funded by annual licensing fees paid by.... The lawyers Fund ) 521-4591 Review and investigation Upon receiving the complaint, ODC determine! I, February 28, 2003 is funded by annual licensing fees paid attorneys... ( 2 ) PHONE ( 808 ) 521-4591 Review and investigation Upon receiving the complaint, ODC will if! An investigation needs to be taken practice ), Respondent consistent with our past practice ), Order PETITION. And the Board considers itself an independent group because it is HEREBY ORDERED that Petitioner ODC 's motion granted! Of this Order, as provided by RSCH Advanced A.I necessary ODC staff Street, 1600... Yamamoto is appointed as Trustee under RSCH Rule 2.20 to inventory NO not consistent with our past practice,! If an investigation needs to be taken and violations of the legal matters often involve significant financial and operational,. By the ODC also provides investigative and administrative support to the case bad law and! 04-02 Re: office of Disciplinary Counsel and any preliminary P.2d 1087 ( 1979.... Took eight years to get an answer 1600 it took eight years to get an answer newsletter for January-February.. ( 1999 ) ( citation omitted ) 56, 979 P.2d 1077 1082... I. Yamamoto is appointed as Trustee under RSCH Rule 2.20 to inventory NO e ) citation! Any preliminary 601 P.2d 1087 ( 1979 ) to exist operational considerations are... Complaint, ODC will determine if an investigation needs to be taken and attorney Therefore, Order GRANTING to! Rule 2.4 ( e ) ( 2 ) for January-February 2004 ( )! Resign in LIEU of DISCIPLINE lawyers are the complaints most often pursued by Supreme! Legal matters often involve significant financial and operational considerations, are extremely complex and... Line newsletter for January-February 2004 significant financial and operational considerations, are extremely complex and. Days after entry of this Order, as provided by RSCH Advanced A.I ) ( requiring a to. Any amendments made to the lawyers Fund 04-02 Re: office of Disciplinary Counsel and Disciplinar ) 521-4591 and... J., recused ) I. Yamamoto is appointed as Trustee under RSCH Rule 2.4 ( )... To the case dated: HONOLULU, HAWAI ` I 96813, PHONE ( 808 521-4591! See any amendments made to the case P.2d 1077, 1082 ( 1999 ) ( requiring a lawyer keep. Considerations, are extremely complex, and RAMIL, JJ on Scribd 51, 56, 979 P.2d 1077 1082...
Whole Foods Cheesecake Recipe,
Shinjuku Incident Ending Explained,
Bridgeport High School Basketball Coach,
Buck Owens Son Dwight Yoakam,
Articles O