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) . of Disciplinary Counsel v. Breiner, 89 Hawai`i 167, 173, 969 P.2d IN THE SUPREME COURT OF THE STATE OF HAWAI`I. a client if the representation will result in a violation of, HRPC Rule 1.16(d) (requiring a lawyer, upon termination Deputy Disciplinary Counsel, Dana M. Harada [2] RSCH Rule 2.1 The letter should be written legibly or typed and should include: Facsimile and e-mailed complaints are not accepted. 1325 Fourth Ave, Ste 600 Seattle, WA 98101-2539 . Hawaii Department of Land and Natural Resources. the rules of professional conduct), and. 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 endstream endobj 3452 0 obj <>stream 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]. *299 Smith, 62 Haw. (By Levinson, J., for the court (1)). 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. 201 Merchant Street, Suite 1600 Signed complaint letters must be mailed or delivered to: Office of Disciplinary Counsel1132 Bishop Street, Suite 300Honolulu, HI 96813Tel. f 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. 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. HRPC Rule 1.3 (requiring a lawyer to act with reasonable The Board appoints the Chief Disciplinary Counsel, an Assistant Disciplinary Counsel and any necessary ODC staff. As I recall, ODC did not provide any documents despite the OIP opinion. Deputy Chief Disciplinary Counsel, Alana L. Bryant 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.. A lawyer who violates the HRPC or related court rules may be disciplined[2]. 2023 Hawaii State Judiciary. 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]. effective thirty (30) days after entry of this order, as provided by RSCH HRPC Rule 8.4(a) (prohibiting a lawyer from violating at 469, 617 P.2d at 81. OFFICE OF DISCIPLINARY COUNSEL, Petitioner, v. ROBERT E. CHAPMAN (Bar No. 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]. to respond to a lawful demand by the ODC); sixty-two violations of HRPC 8.4(a) (prohibiting lawyers from violating Respondent Brenner's files and to take such action pursuant to RSCH Rule 201 Merchant Street, Suite 1600 endstream endobj 3450 0 obj <>stream Deputy Disciplinary Counsel, Charlene M. Norris party capable of conducting the attorney's affairs is known to exist. HONOLULU, HAWAI`I 96813, PHONE (808) 521-4591 The board considers itself an independent group because it is funded by annual licensing fees paid by attorneys. In addition, while their budgets do not come from government, the Supreme Court retains the power to approve their budgets. The legal matters often involve significant financial and operational considerations, are extremely complex, and are often precedent setting. 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. authorized signatory on an attorney trust account); sixteen violations of HRPC 1.15(f)(3) (requiring a lawyer to maintain complete OFFICE OF DISCIPLINARY COUNSEL, Petitioner. The petition stated that respondent had been convicted of a crime which constituted a felony in Hawaii, justifying immediate disciplinary sanction. No. 1. Well, you get it right here, at least from time to time! for petitioner on (808) 521-4591. In October 2011, respondent similarly changed his name on New York's roll of attorneys. and affidavit, (3) Respondent Brenner's lack of opposition thereto, and This court has consistently held that misappropriation of client funds will result in disbarment, absent strong mitigating circumstances. 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 IN THE SUPREME COURT OF THE STATE OF HAWAI`I. 7864, ODC 03-266-7866, ODC 03-267-7867, ODC 03-268-7868), ORDER APPOINTING TRUSTEE (ODC 96-391-5191) ORDER OF DISBARMENT (By: Moon, C.J., Levinson, Nakayama, Acoba, and Duffy, JJ.) endstream endobj 3451 0 obj <>stream FnE% 3 p 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 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. ]uE$oRV-!'k 1yoP0 %g&E>:GFPK!5(L". As part of its educational outreach, ODC spends time answering questions on ethical matters regarding prospective conduct. Such misconduct warrants disbarment in the absence of strong mitigating circumstances, see Office of Disciplinary Counsel v. Cashman, 63 Haw. The operations of the Hawai`i lawyer discipline system are funded entirely by annual registration fees paid by Hawai`i lawyers. To file a complaint about an attorney admitted in Hawai`i, submit a letter describing the lawyers actions which are believed to be improper. Honolulu, Hawai`i 96813, Local: (808) 521-4591 Rule 2.16(c). 334, 603 P.2d 562 (1979); Office of Disciplinary Counsel v. De Mello, 61 Haw. account); three violations of HRPC 1.15(d) (requiring that all funds entrusted to Save my name, email, and website in this browser for the next time I comment. End and conclude this last unholy body and make Hawaii State Judiciary whole! 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. OFFICE OF DISCIPLINARY COUNSEL, Petitioner, v. ROBERT E. CHAPMAN (Bar No. When a formal disciplinary hearing takes place, a three-member hearing committee or officer appointed by the Chairperson 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 The commissions website includes links so the public can easily locate meeting notices and agendas, minutes, and board materials. or other law); one violation of HRPC 1.16(d) (requiring a lawyer to take reasonable steps 26079 IN THE SUPREME COURT OF THE STATE OF HAWAI`I OFFICE OF DISCIPLINARY COUNSEL, Petitioner, vs. NATHAN R. BRENNER, Respondent. Hawai`i Legal Ethics & Attorney Disciplinary Investigations. and conclusions of law are supported by the record. Upon receiving the complaint, ODC will determine if an investigation needs to be taken. 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. Purely administrative records of the ODC and the Board are subject to the UIPA. Subscribers can access the reported version of this case. Office of Disciplinary Counsel Washington State Bar Association. 2023 Hawaii State Judiciary. Court of Hawaii (RSCH). Another woman flew twice from Arkansas to Hawaii for . Aloha and welcome to the Disciplinary Board of the Hawai`i Supreme Court (Disciplinary Board) and the Office of Disciplinary Counsel (ODC). all costs subsequently ordered by this Court in accordance with RSCH Rule Footnote 1: Respondent legally changed his name, in Hawaii, in 2011. of Disciplinary Counsel v. Breiner. Advanced A.I. h;07pvY,Ei(iQDB4H(=4;!RC `bLKY_DtvCC@f&4u/Y3"P(7B[Z [sDL"g1"s9lux5` j Klein, 61 Haw. [OIP Op. 539, see flags on bad law, and search Casetext's comprehensive legal database . 51, 56, 979 P.2d 1077, 1082 (1999) (citation omitted). diligence and promptness in representing a client). :G]cynmK]Y38\Q 2[wYIc` eeS&I/R.(tV;6UVOZQjq_}Jvcl$ySov-16Gj*+@&+K LpZ},]/#R&BY&foe$O]1n ]bu Presently, the attorneys and investigators employed by the ODC are: Bradley R. Tamm 66y% and would not protect the public and maintain the integrity of the legal the motion. disciplinary proceedings upon the timely submission by ODC of a verified bill of costs, as authorized by RSCH Rule 2.3(c). 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. (Petitioner ODC) September 26, 2003 motion for the appointment of a trustee (By: Recktenwald, C.J., Nakayama, McKenna, Wilson, and Eddins, JJ. 1285, 1291 (1999). the practice of law in Hawai`i, effective thirty (30) days after entry Considered (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. and Circuit Judge Chan, assigned by reason of vacancy), Upon consideration of the Disciplinary Board's report and recommendation Office of Disciplinary Counsel v. Smith (Order of Disbarment) NO. the HRPC); sixteen violations of HRPC 8.4(c) (prohibiting a lawyer from engaging in [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: Disciplinary Investigator, Josiah K. Sewell Respect. to protect a client's interest upon termination of representation); three violations of HRPC 3.2 (requiring a lawyer to make reasonable efforts 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. Subscribers are able to see a visualisation of a case and its relationships to other cases. 449, 583 P.2d 333 (1978). 21929 IN THE SUPREME COURT OF THE STATE OF HAWAI`I OFFICE OF DISCIPLINARY COUNSEL, Petitioner, vs. ARTHUR K. TRASK, JR., Respondent. 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. 201 Merchant Street, Suite 1600 Subscribers are able to see a list of all the cited cases and legislation of a document. failing to respond to a lawful demand by Petitioner ODC), HRPC Rule 8.4(a) (prohibiting a lawyer from violating Attorney Laurie Loomis is under investigation by the state Office of Disciplinary Counsel. It finally appears that there . Petitioner Office of Disciplinary Counsel (Petitioner ODC) proved by clear Copies of documents (letters, agreements, court records, etc.) Office 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. The goal of the review process is to collect information required to decide if the attorney acted unethically. ODC 03-231-7831, ODC 03-235-7835, ODC 03-252-7852, ODC 03-264- 2.3(c). Office of Disciplinary Counsel v. Lau, 85 Hawai`i 212, 215, 941 P.2d 295, 298 (1997) (citations and internal quotation marks omitted). No. 2.20 as seems necessary to protect the interests of Respondent Brenner's trust account); nine violations of HRPC 1.15(c) (prohibiting a lawyer from commingling The State Ethics Commission investigates ethics complaints against elected and appointed state officials and all other state employees. disobeying an obligation under the rules of a tribunal). may grant by further order. Rev. All rights reserved. 83 (1990). 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.. 2679), Respondent. The Office of Disciplinary Counsel initiated formal disciplinary proceedings against respondent by filing a petition and certificate of conviction in this court. Mahalo Ian. DISCIPLINARY BOARD Therefore, IT IS HEREBY ORDERED that the petition to resign in lieu of discipline is granted. 201 Merchant Street, Suite 1600 HRPC Rule 1.4(a) (requiring a lawyer to keep a client 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. 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. H. Fernandez (Ms. Fernandez) in a personal injury matter, Respondent Trask Rule 8 . B.J. The Disciplinary Board's 21708 DECISION ON THE DISCIPLINARY BOARD'S REPORT AND RECOMMENDATION FOR SUSPENSION FROM THE PRACTICE OF LAW (ODC NO. 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. (808) 521-4591 Review and Investigation Upon receiving the complaint, ODC will determine if an investigation needs to be taken. Law Practice Self-Assessment, LOCATION 95-190-4649) JANUARY 4, 1999 MOON, C.J., KLEIN, LEVINSON, NAKAYAMA, AND RAMIL, JJ. Subscribers are able to see the list of results connected to your document through the topics and citations Vincent found. 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 . 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). 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. 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. E. CHAPMAN ( Bar No funded entirely by annual registration fees paid by Hawai ` i 96813 Local... Suite 1600 subscribers are able to see the list of results connected your... 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Upon the timely submission by ODC of a verified bill of costs, as authorized by RSCH Rule 2.3 c!
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