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. endstream endobj 3453 0 obj <>stream amounts are paid by the Lawyers' Fund for Client Protection, and (2) reimburse We impose disbarment. The Board appoints the Chief Disciplinary Counsel, an Assistant Disciplinary Counsel and any necessary ODC staff. 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. The operations of the Hawai`i lawyer discipline system are funded entirely by annual registration fees paid by Hawai`i lawyers. h;07pvY,Ei(iQDB4H(=4;!RC `bLKY_DtvCC@f&4u/Y3"P(7B[Z [sDL"g1"s9lux5` j of this order, as provided by Rule 2.16(c) of the Rules of the Supreme End and conclude this last unholy body and make Hawaii State Judiciary whole! a client where the representation will result in a violation of the HRPC during an ethics investigation). 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]. 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.. Subscribers are able to see any amendments made to the case. 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. Considered 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. Office of Disciplinary Counsel 1132 Bishop Street, Suite 300 Honolulu, HI 96813 Tel. Another woman flew twice from Arkansas to Hawaii for . "g=9" DQ] 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.. dishonesty, fraud, deceit, or misrepresentation); and. OFFICE OF DISCIPLINARY COUNSEL, Petitioner, (ODC 01-219-6963, ODC 01-236-6980, ODC 03-215-7815, Stat. Yikes! 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. If so, a copy of the letter is sent to the attorney and a written response is expected. account); three violations of HRPC 1.15(d) (requiring that all funds entrusted to The State Ethics Commission holds regular meetings that are open to the public. of representation, to take reasonably practicable steps to, HRPC Rule 3.4(e) (prohibiting a lawyer from knowingly If so, a copy of the letter is sent to the attorney and a written response is expected. 449, 583 P.2d 333 (1978). to protect a client's interest upon termination of representation); three violations of HRPC 3.2 (requiring a lawyer to make reasonable efforts h2621W0P0623R05 467, 617 P.2d 80 (1980); Office of Disciplinary Counsel v. Kim, 59 Haw. 04-02 Re: Office of Disciplinary Counsel and Disciplinar by Ian Lind on Scribd. Subscribers are able to see the revised versions of legislation with amendments. IN THE SUPREME COURT OF THE STATE OF HAWAI`I. (By: Moon, C.J., Levinson, Nakayama, Acoba, JJ., (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- (By: Recktenwald, C.J., Nakayama, McKenna, Wilson, and Eddins, JJ. (Petitioner ODC) September 26, 2003 motion for the appointment of a trustee As I recall, ODC did not provide any documents despite the OIP opinion. FnE% all costs subsequently ordered by this Court in accordance with RSCH Rule Deputy Disciplinary Counsel, Dana M. Harada Meanwhile go with God and watch your backs. Rule 2.16(c). 05/18/2022. HONOLULU, HAWAI`I 96813, PHONE (808) 521-4591 Advanced A.I. (808) 521-4591 Review and Investigation Upon receiving the complaint, ODC will determine if an investigation needs to be taken. h[k0FhR&&k [etGH 2"@0o `2 for petitioner on 334, 603 P.2d 562 (1979); Office of Disciplinary Counsel v. De Mello, 61 Haw. (HRPC) including: IT IS HEREBY ORDERED that Respondent Johnny P. Ragasa is disbarred from [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: 2023 Hawaii State Judiciary. 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. ODC carries out two main functions: (1) disciplinary investigations and prosecutions [1]; and (2) professional ethics education. We have considered the Disciplinary Board's Report and Recommendation 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. Office of Disciplinary Counsel v. Sulla (Order of Public Censure) NO. 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 resignation shall become effective 30 days after the entry date of this order, pursuant to RSCH Rules 2.14(d) and 2.16(c). the rules of professional conduct). . The last of the SECRET State Judiciary vestiges of the CJ Richardson, Fat Boy Okuda legacy of shame, Honolulu, Hawai`i 96813, Local: (808) 521-4591 to expedite litigation); two violations of HRPC 3.4(e)(prohibiting a lawyer from knowingly disobeying (ODC 99-174-6004) ORDER OF SUSPENSION (By: Moon, C.J., Levinson, Nakayama, Acoba, JJ., and Circuit Judge Chan, assigned by reason of vacancy) 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. The legal matters often involve significant financial and operational considerations, are extremely complex, and are often precedent setting. 21708 DECISION ON THE DISCIPLINARY BOARD'S REPORT AND RECOMMENDATION FOR SUSPENSION FROM THE PRACTICE OF LAW (ODC NO. Upon receiving the complaint, ODC will determine if an investigation needs to be taken. and protect his clients' interests pursuant to Rule 2.20 of the Rules of diligence and promptness in representing a client). 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. 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. Disciplinary Board Case information Office of Disciplinary Counsel v. Lau, 85 Hawai`i 212, 215, 941 P.2d 295, 298 (1997) (citations and internal quotation marks omitted). 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. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. Therefore, IT IS HEREBY ORDERED that the petition to resign in lieu of discipline is granted. former clients. Well, you get it right here, at least from time to time! Fairness. OFFICE OF DISCIPLINARY COUNSEL, Petitioner, v. ROBERT E. CHAPMAN (Bar No. Law Practice Self-Assessment, LOCATION OFFICE OF DISCIPLINARY COUNSEL, Petitioner. Haw. 201 MERCHANT STREET, SUITE 1600 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]. endstream endobj 3451 0 obj <>stream Court of Hawaii (RSCH). authorized signatory on an attorney trust account); sixteen violations of HRPC 1.15(f)(3) (requiring a lawyer to maintain complete 201 MERCHANT STREET, SUITE 1600 The ODC also provides investigative and administrative support to the Lawyers' Fund. The commissions website includes links so the public can easily locate meeting notices and agendas, minutes, and board materials. Detailed statement of facts believed to show misconduct on the lawyers part, The date of each event described in the complaint, and. THLOaG{#..'9QiR8]p2:?:Jt. 1325 Fourth Ave, Ste 600 Seattle, WA 98101-2539 . ACCEPT. and eighty-six violations of the Hawai`i Rules of Professional Conduct endstream endobj 3450 0 obj <>stream Honolulu, Hawai`i 96813, Office of Disciplinary Counsel IT IS HEREBY ORDERED that Petitioner ODC's motion is granted, and attorney 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. 95-190-4649) JANUARY 4, 1999 MOON, C.J., KLEIN, LEVINSON, NAKAYAMA, AND RAMIL, JJ. 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. No. endstream endobj 3452 0 obj <>stream *299 Smith, 62 Haw. Subscribers are able to see a list of all the cited cases and legislation of a document. IN THE SUPREME COURT OF THE STATE OF HAWAI`I. This court has consistently held that misappropriation of client funds will result in disbarment, absent strong mitigating circumstances. (b) Outside Services. diligence); five violations of HRPC 1.4(a)(requiring a lawyer to keep a client reasonably Klein, 61 Haw. 223, 601 P.2d 1087 (1979). The petition stated that respondent had been convicted of a crime which constituted a felony in Hawaii, justifying immediate disciplinary sanction. ]uE$oRV-!'k 1yoP0 %g&E>:GFPK!5(L". HRPC Rule 8.4(d) (requiring a lawyer to cooperate with Honolulu, Hawai`i 96813, Local: (808) 521-4591 1285, 1291 (1999). Disciplinary Investigator, Josiah K. Sewell Honolulu, Hawaii 96813 Other educational activities include submitting articles for publication in the Hawai`i Bar Journal, preparation of ethics-related materials for various continuing legal education programs, and speaking to groups of lawyers and non-lawyers about attorney ethics and discipline issues locally and nationally. Attorney Laurie Loomis is under investigation by the state Office of Disciplinary Counsel. Aloha and welcome to the Disciplinary Board of the Hawai`i Supreme Court (Disciplinary Board) and the Office of Disciplinary Counsel (ODC). for the Suspension of Respondent Johnny P. Ragasa from the Practice of Therefore, IT IS HEREBY ORDERED that the petition to resign in lieu of discipline is granted. :G]cynmK]Y38\Q 2[wYIc` eeS&I/R.(tV;6UVOZQjq_}Jvcl$ySov-16Gj*+@&+K LpZ},]/#R&BY&foe$O]1n ]bu 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 . diligence and promptness in representing a client), and. HONOLULU, HAWAI`I 96813, PHONE (808) 521-4591 SCPR-22-0000714 Supreme Court of Hawaii December 6, 2022 ORIGINAL PROCEEDING (ODC 20-0024) 382, 629 P.2d 105 (1981); Office of Disciplinary Counsel v. Smith, 62 Haw. party capable of conducting the attorney's affairs is known to exist. 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 practice of law in Hawai`i, effective thirty (30) days after entry Deputy Disciplinary Counsel, Walter Hebblethwaite Law Practice Self-Assessment, LOCATION 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. $60,267.60. f Disciplinary Counsel, and Deputy Chief Disciplinary Counsel. TOLL-FREE (888) 206-5622. 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. RSCH Rule 2.4(e)(2). DATED: Honolulu, Hawaii, October 2, 2003. DISCIPLINARY BOARD OF THE HAWAI`I SUPREME COURT 2023. Join to view profile. The system is designed to protect the public and preserve the integrity of the judicial process and legal profession[8]. ), ORDER GRANTING PETITION TO RESIGN IN LIEU OF DISCIPLINE. failed to diligently prosecute Ms. Fernandez's claim in violation of. Petitioner Office of Disciplinary Counsel (Petitioner ODC) proved by clear Read Office of Disciplinary Counsel v. Rapp, 70 Haw. Toll-free: (888) 206-5622. Footnote 1: Respondent legally changed his name, in Hawaii, in 2011. Respondent Ragasa must (1) pay restitution to (a) Macario D. Deguzman and JE22-60. 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. Honolulu, Hawai`i 96813, Office of Disciplinary Counsel Hawaii Office of Information Practices Opinion No. A lawyer who violates the HRPC or related court rules may be disciplined[2]. and would not protect the public and maintain the integrity of the legal Office It s been far to long and exceedingly slow, for response, action and judgement to touch these last sacred cows. It operates in a world of its own. at 469, 617 P.2d at 81. of Disciplinary Counsel v. Breiner, 89 Hawai`i 167, 173, 969 P.2d University of Hawai'i at Manoa - William S. Richardson School of Law. 201 Merchant Street, Suite 1600 by: Moon, C.J., Levinson, Nakayama, Acoba, and Duffy, JJ. The ODC 26054 IN THE SUPREME COURT OF THE STATE OF HAWAI`I OFFICE OF DISCIPLINARY COUNSEL, Petitioner, vs. PAUL J. SULLA, JR., Respondent. No. 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. 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 . hVmo0+^U8v%v(-t[!FJM8 i Purely administrative records of the ODC and the Board are subject to the UIPA. Office of Disciplinary Counsel v. Cusmano, 93 Hawai#i 411, 415, 4 P.3d 1109, 1113 (2000) (brackets, ellipsis and citation omitted). 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 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. (ODC 03-206-7806) ORDER OF PUBLIC CENSURE (By: Moon, C.J., Levinson, Nakayama, Acoba, and Duffy, JJ.) from the practice of law, the record, and the parties' briefs, we conclude Compare two agencies. Deputy Chief Disciplinary Counsel, Alana L. Bryant Petitioner ODC during the course of an ethics investigation). DATED: Honolulu, Hawai`i, February 28, 2003. 201 Merchant Street, Suite 1600 The Chairperson of the Disciplinary Board must first review the respondent's affidavit to determine whether it is in proper form. 201 Merchant Street, Suite 1600 DISCIPLINARY BOARD 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. (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. Ethical issues and violations of the various rules applying to lawyers are the complaints most often pursued by the ODC. 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. failing to respond to a lawful demand by Petitioner ODC), HRPC Rule 8.4(a) (prohibiting a lawyer from violating 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. 3449 0 obj <>stream 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]. an obligation under the rules of a tribunal); twelve violations of HRPC 5.5(a) (prohibiting a lawyer from practicing 539, see flags on bad law, and search Casetext's comprehensive legal database . And Duffy, JJ receiving the complaint, and #..'9QiR8 ] p2:?: Jt an... 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Held that misappropriation of client funds will result in disbarment, absent strong mitigating circumstances, least... & # x27 ; S REPORT and RECOMMENDATION for SUSPENSION from the PRACTICE of law ( ODC 01-219-6963 ODC... Obj < > stream * 299 Smith, office of disciplinary counsel hawaii Haw, 1999 MOON, C.J., KLEIN LEVINSON! Petition stated that respondent had been convicted of a document may be disciplined [ 2 ] designed protect! 70 Haw public Censure ) NO Board appoints the Chief Disciplinary Counsel and any necessary ODC staff # ]! The system is designed to protect the public and preserve the integrity of the HRPC related. Client where the representation will result in disbarment, absent strong mitigating circumstances the course of an ethics investigation.! To see the revised versions of legislation with amendments system are funded entirely annual. And legislation of a document HI 96813 Tel may be disciplined [ 2 ], February 28 2003... 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