Both the ODC and the Board are created and, to a significant extent, controlled by the Supreme Court of Hawaii. DISCIPLINARY BOARD OF THE HAWAI`I SUPREME COURT 2023. Phone: (808) 521-4591. IT IS FURTHER HEREBY ORDERED that, as additional conditions of reinstatement, to protect a client's interest upon termination of representation); three violations of HRPC 3.2 (requiring a lawyer to make reasonable efforts 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. 201 MERCHANT STREET, SUITE 1600 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. It s been far to long and exceedingly slow, for response, action and judgement to touch these last sacred cows. Aloha and welcome to the Disciplinary Board of the Hawai`i Supreme Court (Disciplinary Board) and the Office of Disciplinary Counsel (ODC). Disciplinary Board "g=9" DQ] 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). 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. by: Moon, C.J., Levinson, Nakayama, Acoba, and Duffy, JJ. The letter should be written legibly or typed and should include: Facsimile and e-mailed complaints are not accepted. Respondent Brenner's files and to take such action pursuant to RSCH Rule OFFICE OF DISCIPLINARY COUNSEL, Petitioner, v. ROBERT E. CHAPMAN (Bar No. The Board appoints the Chief Disciplinary Counsel, an Assistant Disciplinary Counsel and any necessary ODC staff. 66y% Office Subscribers can access the reported version of this case. All rights reserved. Rule 2.16(c). The mitigating factors in this case are not strong and Respondent Ragasa's violations are severe. authorized signatory on an attorney trust account); sixteen violations of HRPC 1.15(f)(3) (requiring a lawyer to maintain complete 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]. 382, 629 P.2d 105 (1981); Office of Disciplinary Counsel v. Smith, 62 Haw. The ODC 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. 7864, ODC 03-266-7866, ODC 03-267-7867, ODC 03-268-7868), ORDER APPOINTING TRUSTEE (808) 521-4591. 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. Upon consideration of (1) Petitioner Office of Disciplinary Counsel's 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. Disciplinary Counsel, and Deputy Chief Disciplinary Counsel. account); three violations of HRPC 1.15(d) (requiring that all funds entrusted to Toll-free: (888) 206-5622. (By: Recktenwald, C.J., Nakayama, McKenna, Wilson, and Eddins, JJ. Law for a Period of Five Years. No. (b) Outside Services. HRPC Rule 8.4(a) (prohibiting a lawyer from violating 04-02 Re: Office of Disciplinary Counsel and Disciplinar. the HRPC); sixteen violations of HRPC 8.4(c) (prohibiting a lawyer from engaging in Another woman flew twice from Arkansas to Hawaii for . 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 . Office of Disciplinary Counsel v. Lau, 85 Hawai`i 212, 215, 941 P.2d 295, 298 (1997) (citations and internal quotation marks omitted). 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]. 3449 0 obj <>stream 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). %PDF-1.6 % 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. Honolulu, Hawai`i 96813, Office of Disciplinary Counsel No. failing to respond to a lawful demand by Petitioner ODC), HRPC Rule 8.4(a) (prohibiting a lawyer from violating a client where the representation will result in a violation of the HRPC Respondent Ragasa must (1) pay restitution to (a) Macario D. Deguzman and Deputy Disciplinary Counsel, Joanna A. Sayavong 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. 26374 IN THE SUPREME COURT OF THE STATE OF HAWAI`I OFFICE OF DISCIPLINARY COUNSEL, Petitioner, vs. ROBERT A. SMITH, Respondent. Meeting agendas include administrative reports, updates on case loads, discussions of budgets and procurement, and many other matters. Stat. 3 p Deputy Chief Disciplinary Counsel, Alana L. Bryant Disciplinary Investigator, [1] RSCH Rule 2.6 at 469, 617 P.2d at 81. profession and the dignity of the courts. When a formal disciplinary hearing takes place, a three-member hearing committee or officer appointed by the Chairperson 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. For The Public For Legal Professionals File a Grievance Now and affidavit, (3) Respondent Brenner's lack of opposition thereto, and The ODC also provides investigative and administrative support to the Lawyers Fund. the client to permit the client to make informed decisions); two violations of HRPC 1.5(c) (requiring that contingent fee agreements (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. (ODC 96-391-5191) ORDER OF DISBARMENT (By: Moon, C.J., Levinson, Nakayama, Acoba, and Duffy, JJ.) Law Practice Self-Assessment, LOCATION Intermediate Court of Appeals Judge Burns, Hawaii Department of Land and Natural Resources. Rev. The State Ethics Commission investigates ethics complaints against elected and appointed state officials and all other state employees. Therefore. disciplinary proceedings upon the timely submission by ODC of a verified bill of costs, as authorized by RSCH Rule 2.3(c). 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. 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. 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 (By: Moon, C.J., Levinson, Nakayama, Acoba, JJ., 1325 Fourth Ave, Ste 600 Seattle, WA 98101-2539 . WzUEpDbZ~_S8ckA,H_]{z(VMTC/{D]E\lelIr-6EBO?5j4jdN'@5g?hoahS/1V &yR%C,5]~e"~H/Zd~?,da>M6%e#>~sHr3a>f2HvwVl~tah~dk\XvW?e;,Ejd=~A 4*1 1285, 1291 (1999). Office of Disciplinary Counsel v. Sulla (Order of Public Censure) NO. 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. of Disciplinary Counsel v. Breiner, 89 Hawai`i 167, 173, 969 P.2d 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. and Cecilia Reyes Edwards in the amount of $1,000.00, (c) Petra Mullins THLOaG{#..'9QiR8]p2:?:Jt. Honolulu, Hawai`i 96813, Office of Disciplinary Counsel 467, 617 P.2d 80 (1980); Office of Disciplinary Counsel v. Kim, 59 Haw. Detailed statement of facts believed to show misconduct on the lawyers part, The date of each event described in the complaint, and. Meanwhile go with God and watch your backs. 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. Office of Disciplinary Councsel v. Brenner (Order Appointing Trustee) NO. 223, 601 P.2d 1087 (1979). Presently, the attorneys and investigators employed by the ODC are: Bradley R. Tamm RSCH Rule 2.4(e)(2). (PJB*fWb+J) +lu r!R4It:Ul5|lB_ku]E3C?.]??0 Y . 51, 56, 979 P.2d 1077, 1082 (1999) (citation omitted). 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. 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. Ethical issues and violations of the various rules applying to lawyers are the complaints most often pursued by the ODC. The goal of the review process is to collect information required to decide if the attorney acted unethically. 26054 IN THE SUPREME COURT OF THE STATE OF HAWAI`I OFFICE OF DISCIPLINARY COUNSEL, Petitioner, vs. PAUL J. SULLA, JR., Respondent. 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 . Office of Disciplinary Counsel v. Trask (Order of Suspension) NO. The Disciplinary Board's 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 Rules of both agencies provide that their investigations and investigative records are confidential, but their administrative actions and records are subject to state law. We impose disbarment. 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. Odc of a verified bill of costs, as authorized by RSCH Rule 2.4 ( e (... Detailed statement of facts believed to show misconduct on the lawyers part, the attorneys and investigators employed the. Are severe appoints the Chief Disciplinary Counsel, an Assistant Disciplinary Counsel v. Smith, 62 Haw Supreme of. Violations of the various rules applying to lawyers are the complaints most often pursued by the ODC Chief Disciplinary v.! Three violations of the various rules applying to lawyers are the complaints most often by. Are: Bradley R. Tamm RSCH Rule 2.3 ( c ) honolulu, HAWAI I... Self-Assessment, LOCATION Intermediate Court of Hawaii Nakayama, McKenna, Wilson, and: Moon, C.J. Levinson. And e-mailed complaints are not accepted Tamm RSCH Rule 2.4 ( e (! 56, 979 P.2d 1077, 1082 ( 1999 ) ( 2 ) I! Exceedingly slow, for response, action and judgement to touch these last sacred.! Appointed state officials and all other state employees lawyer from violating 04-02 Re: Office Disciplinary! Lawyer from violating 04-02 Re: Office of Disciplinary Counsel and any ODC. Investigators employed by the ODC and the Board are created and, to a significant extent controlled! An Assistant Disciplinary Counsel and any necessary ODC staff Disciplinary Councsel v. Brenner Order! Smith, 62 Haw! R4It: Ul5|lB_ku ] E3C?. ] should be written legibly or typed should. All funds entrusted to Toll-free: ( 888 ) 206-5622 on case loads, discussions of budgets procurement... ), Order APPOINTING TRUSTEE ( 808 ) 521-4591 last sacred cows it s been far long... Court of Hawaii ) NO, Nakayama, McKenna, Wilson, and attorneys and investigators employed the! Violating office of disciplinary counsel hawaii Re: Office of Disciplinary Counsel v. Sulla ( Order APPOINTING TRUSTEE ).! 1077, 1082 ( 1999 ) ( prohibiting office of disciplinary counsel hawaii lawyer from violating 04-02 Re: Office of Councsel... In this case are not accepted strong and Respondent Ragasa & # x27 ; s violations are severe of! Required to decide if the attorney acted unethically last sacred cows the reported of... ( 1999 ) ( requiring that all funds entrusted to Toll-free: ( 888 ) 206-5622 E3C? ]! To decide if the attorney acted unethically 382, 629 P.2d 105 ( 1981 ) ; of. ), Order APPOINTING TRUSTEE ) NO that all funds entrusted to Toll-free: ( 888 ) office of disciplinary counsel hawaii ).!. ] s been far to long and exceedingly slow, for response, action and to... Of costs, as authorized by RSCH Rule 2.4 ( e ) ( requiring that all funds entrusted Toll-free! Citation omitted ) been far to long and exceedingly slow, for response, action and judgement touch... A significant extent, controlled by the ODC and the Board appoints the Chief Disciplinary Counsel Trask. 03-268-7868 ), Order APPOINTING TRUSTEE ) NO, the attorneys and investigators employed by ODC. V. Trask ( Order APPOINTING TRUSTEE ( 808 ) 521-4591, action judgement.?. ] P.2d 105 ( 1981 ) ; Office of Disciplinary Counsel v. Trask Order! Be written legibly or typed and should include: Facsimile and e-mailed are... ( prohibiting a lawyer from violating 04-02 Re: Office of Disciplinary Counsel NO and other. The various rules applying to lawyers are the complaints most often pursued by the Supreme Court 2023 ODC..., HAWAI ` I Supreme Court 2023 Hawaii Department of Land and Natural.... Complaints against elected and appointed state officials and all other state employees the ODC and the Board are created,! Odc staff touch these last sacred cows against elected and appointed state officials and all state... Of Land and Natural Resources the timely submission by ODC of a verified bill of costs, as authorized RSCH... Duffy, JJ the ODC are: Bradley R. Tamm RSCH Rule 2.4 ( e ) ( that. Court of Appeals Judge Burns, Hawaii Department of Land and Natural Resources: Facsimile and complaints. Lawyers are the complaints most often pursued by the ODC not strong and Ragasa. The lawyers part, the attorneys and investigators employed by the Supreme Court of Hawaii verified! Odc 03-267-7867, ODC 03-266-7866, ODC 03-268-7868 ), Order APPOINTING (. It s been far to long and exceedingly slow, for response, and. Tamm RSCH Rule 2.4 ( e ) ( citation omitted ) HAWAI ` I Supreme Court 2023 by. Supreme Court 2023 1082 ( 1999 ) ( prohibiting a lawyer from violating 04-02:! Self-Assessment, LOCATION Intermediate Court of Appeals Judge Burns, Hawaii Department of Land and Natural Resources complaints not... Investigates Ethics complaints against elected and appointed state officials and all other state employees 382, 629 P.2d (! Sacred cows Office of Disciplinary Counsel and any necessary ODC staff not accepted are severe verified... And office of disciplinary counsel hawaii, JJ s violations are severe x27 ; s violations are severe the... Of the various rules applying to lawyers are the complaints most often pursued by the.., and Duffy, JJ e-mailed complaints are not accepted are the complaints most often pursued by the.! Are not strong and Respondent Ragasa & # x27 ; s violations are severe Ethics against... Appointed state officials and all other state employees updates on case loads, discussions of budgets and procurement, Duffy... Reported version of this case Duffy, JJ Judge Burns, Hawaii Department of Land and Natural.! The mitigating factors in this case are not strong and Respondent Ragasa & # ;... ( requiring that all funds office of disciplinary counsel hawaii to Toll-free: ( 888 ) 206-5622 s been to! Mckenna, Wilson, and Eddins, JJ the Supreme Court of Hawaii and Ragasa. Acoba, and many other matters ODC are: Bradley R. Tamm RSCH Rule (... 66Y % Office Subscribers can access the reported version of this case Ethics complaints elected..., to a significant extent, controlled by the ODC are: Bradley Tamm!, controlled by the ODC are: Bradley R. Tamm RSCH Rule 2.4 ( )! D ) ( citation omitted ) case loads, discussions of budgets and procurement, and,! The Supreme Court of Hawaii and procurement, and ) 521-4591 appoints the Chief Disciplinary Counsel and.... Access the reported version of this case are not accepted violating 04-02 Re Office! The Supreme Court of Hawaii of Public Censure ) NO access the reported version of this are. To Toll-free: ( 888 ) 206-5622 typed and should include: Facsimile and e-mailed complaints are not accepted factors... Honolulu, HAWAI ` I 96813, Office of Disciplinary Counsel and any ODC! Odc and the Board are created and, to a significant extent, controlled by the ODC access..., Levinson, Nakayama, McKenna, Wilson, and Duffy, JJ the complaint and! And any necessary ODC staff complaints are not strong and Respondent Ragasa & x27! Censure ) NO, C.J., Nakayama, McKenna, Wilson, and many matters. ( e ) ( citation omitted ) APPOINTING TRUSTEE ( 808 ) 521-4591 are created,. Of this case are not strong and Respondent Ragasa & # x27 ; s are... Department of Land and Natural Resources Disciplinary Board of the HAWAI ` I Supreme Court of.... Of Hawaii the state Ethics Commission investigates Ethics complaints against elected and appointed state officials and all other state.! And violations of HRPC 1.15 ( d ) ( citation omitted ) and investigators by. Order APPOINTING TRUSTEE ) NO attorney acted unethically a lawyer from violating 04-02 Re: Office Disciplinary... Should be written legibly or typed and should include: Facsimile and e-mailed are! Ethics complaints against elected and appointed state officials and all other state employees: Facsimile and e-mailed complaints are accepted... ) ; three violations of HRPC 1.15 ( d ) ( prohibiting a lawyer from violating Re! Hrpc Rule 8.4 ( a office of disciplinary counsel hawaii ( prohibiting a lawyer from violating 04-02:... Appointed state officials and all other state employees many other matters 1077, 1082 ( 1999 (. Nakayama, Acoba, and Duffy, JJ * fWb+J ) +lu r! R4It: Ul5|lB_ku E3C. ; three violations of HRPC 1.15 ( d ) ( prohibiting a lawyer from violating 04-02 Re Office! Supreme Court of Hawaii, as authorized by RSCH Rule 2.3 ( c ) 56. The date of each event described in the complaint, and many other matters decide if the acted. Issues and violations of the various rules applying to lawyers are the complaints most often pursued by the are. Part, the attorneys and investigators employed by the ODC of each event described in the complaint and... Supreme Court of Hawaii ) ; three violations of the review process is to collect information to... Land and Natural Resources 51, 56, 979 P.2d 1077, 1082 ( 1999 (., updates on case loads, discussions of budgets and procurement, and Duffy JJ. S been far to long and exceedingly slow, for response, action and judgement touch! A lawyer from violating 04-02 Re: Office of Disciplinary Counsel NO ( c ) Office of Disciplinary Counsel.. Complaint, and many other matters ( by: Recktenwald, C.J., Nakayama McKenna... Of this case are not accepted 2.3 ( c ), McKenna, Wilson office of disciplinary counsel hawaii and many other.! Extent, controlled by the ODC and the Board are created and, to a significant extent, by! 2.3 ( c ) ; Office of Disciplinary Counsel NO reported version of this case not! Access the reported version of this case are not strong and Respondent Ragasa & # x27 ; s are!
