:GFPK!5(L". disciplinary proceedings upon the timely submission by ODC of a verified bill of costs, as authorized by RSCH Rule 2.3(c). endstream endobj 3451 0 obj <>stream to protect a client's interest upon termination of representation); three violations of HRPC 3.2 (requiring a lawyer to make reasonable efforts In addition, while their budgets do not come from government, the Supreme Court retains the power to approve their budgets. Attorney Laurie Loomis is under investigation by the state Office of Disciplinary Counsel. (PJB*fWb+J) +lu r!R4It:Ul5|lB_ku]E3C?.]??0 Y VLEX uses login cookies to provide you with a better browsing experience. HRPC Rule 8.1(b) (prohibiting a lawyer from knowingly Office 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. It s been far to long and exceedingly slow, for response, action and judgement to touch these last sacred cows. Toll-free: (888) 206-5622. Therefore, IT IS HEREBY ORDERED that the petition to resign in lieu of discipline is granted. Upon receiving the complaint, ODC will determine if an investigation needs to be taken. (Petitioner ODC) September 26, 2003 motion for the appointment of a trustee TOLL-FREE (888) 206-5622. All rights reserved. Socorro Deguzman in the amount of $1,000.00, (b) Lionel Edward Edwards OFFICE OF DISCIPLINARY COUNSEL, Petitioner, v. MYLES S. BREINER, Respondent NO. 66y% 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 last of the SECRET State Judiciary vestiges of the CJ Richardson, Fat Boy Okuda legacy of shame, 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. Disciplinary Board (30) days after entry of this order, as provided by Rule 2.16(c) of the Rules of the Supreme Court of Hawaii . in the amount of $545.00, (d) Claralyn Guirnalda in the amount of $1,000.00, IN THE SUPREME COURT OF THE STATE OF HAWAI`I. [OIP Op. to expedite litigation); two violations of HRPC 3.4(e)(prohibiting a lawyer from knowingly disobeying ALL RIGHTS RESERVED. Hawaii Chief Justice Mark Recktenwald, Has the power and Authority, as Leader of the third branch of State Government. two violations of HRPC 8.4(d) (prohibiting a lawyer from failing to cooperate 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 Subscribers are able to see a visualisation of a case and its relationships to other cases. and Cecilia Reyes Edwards in the amount of $1,000.00, (c) Petra Mullins hj@W'ffC 2679), Respondent. 201 Merchant Street, Suite 1600 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 . a client if the representation will result in a violation of, HRPC Rule 1.16(d) (requiring a lawyer, upon termination 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 Toll-free: (888) 206-5622. or misappropriating client funds, an requiring that funds belonging in It took eight years to get an answer. RSCH Rule 2.4(e)(2). Subscribers are able to see the list of results connected to your document through the topics and citations Vincent found. 1285, 1291 (1999). IN THE SUPREME COURT OF THE STATE OF HAWAI`I, ___________________________________________________________________________________________________. DATED: Honolulu, Hawaii, October 2, 2003. 2023 Hawaii State Judiciary. Ethical issues and violations of the various rules applying to lawyers are the complaints most often pursued by the ODC. Honolulu, Hawai`i 96813, Office of Disciplinary Counsel The mitigating factors in this case are not strong and Respondent Ragasa's violations are severe. duties enumerated in RSCH Rule 2.20(c), and such other duties as this court The letter should be written legibly or typed and should include: Facsimile and e-mailed complaints are not accepted. f recommended five-year suspension is not consistent with our past practice IT IS FURTHER ORDERED that Respondent Chapman shall bear the costs of ODCs investigation and any preliminary. Meanwhile go with God and watch your backs. h;07pvY,Ei(iQDB4H(=4;!RC `bLKY_DtvCC@f&4u/Y3"P(7B[Z [sDL"g1"s9lux5` j Rule 8 . records of all funds coming into the lawyer's possession); seventeen violations of HRPC 1.15(g) (requiring a lawyer to maintain financial Law for a Period of Five Years. Office of Disciplinary Counsel v. Sulla (Order of Public Censure) NO. Meeting agendas include administrative reports, updates on case loads, discussions of budgets and procurement, and many other matters. 3 p 201 Merchant Street, Suite 1600 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. Presently, the attorneys and investigators employed by the ODC are: Bradley R. Tamm 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. Join to view profile. 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. disobeying an obligation under the rules of a tribunal), and. 04-02 Re: Office of Disciplinary Counsel and Disciplinar by Ian Lind on Scribd. 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.. Mahalo Ian. Deputy Disciplinary Counsel, Joanna A. Sayavong Upon consideration of (1) Petitioner Office of Disciplinary Counsel's 467, 617 P.2d 80 (1980); Office of Disciplinary Counsel v. Kim, 59 Haw. No. Intermediate Court of Appeals Judge Burns, records that are available for inspection at the lawyer's principal office); two violations of HRPC 1.16(a)(1) (prohibiting a lawyer from representing Therefore, IT IS HEREBY ORDERED that the petition to resign in lieu of discipline is granted. former clients. As part of its educational outreach, ODC spends time answering questions on ethical matters regarding prospective conduct. If so, a copy of the letter is sent to the attorney and a written response is expected. Deputy Chief Disciplinary Counsel, Alana L. Bryant The OIP opinion was summarized in the agencys OIP Open Line newsletter for January-February 2004. hVmo0+^U8v%v(-t[!FJM8 i HRPC Rule 1.4(a) (requiring a lawyer to keep a client 7864, ODC 03-266-7866, ODC 03-267-7867, ODC 03-268-7868), ORDER APPOINTING TRUSTEE 51, 56, 979 P.2d 1077, 1082 (1999) (citation omitted). 1. 382, 386, 629 P.2d 105, 107 (1981). 1325 Fourth Ave, Ste 600 Seattle, WA 98101-2539 . 201 Merchant Street, Suite 1600 Footnote 1: Respondent legally changed his name, in Hawaii, in 2011. DISCIPLINARY BOARD OF THE HAWAI`I SUPREME COURT 2023. 539, see flags on bad law, and search Casetext's comprehensive legal database . 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. (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. effective thirty (30) days after entry of this order, as provided by RSCH 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). authorized signatory on an attorney trust account); sixteen violations of HRPC 1.15(f)(3) (requiring a lawyer to maintain complete SCPR-22-0000714 Supreme Court of Hawaii December 6, 2022 ORIGINAL PROCEEDING (ODC 20-0024) The Disciplinary Board's findings of fact University of Hawai'i at Manoa - William S. Richardson School of Law. 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. 26374 IN THE SUPREME COURT OF THE STATE OF HAWAI`I OFFICE OF DISCIPLINARY COUNSEL, Petitioner, vs. ROBERT A. SMITH, Respondent. 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. To file a complaint about an attorney admitted in Hawai`i, submit a letter describing the lawyers actions which are believed to be improper. 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. an obligation under the rules of a tribunal); twelve violations of HRPC 5.5(a) (prohibiting a lawyer from practicing 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. Petitioner Office of Disciplinary Counsel (Petitioner ODC) proved by clear Respondent Brenner's files and to take such action pursuant to RSCH Rule It finally appears that there . to a client to permit the client to make informed, HRPC Rule 1.16(a)(1)(prohibiting a lawyer from representing The board considers itself an independent group because it is funded by annual licensing fees paid by attorneys. 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. the rules of professional conduct). 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. After the Disciplinary Board slammed the door on my records request, I appealed to the Office of Information Practices. in place of Acoba, J., recused). 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. at 469, 617 P.2d at 81. IT IS FURTHER ORDERED that Trustee Yamamoto shall assume all of the 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. 3.4 ( e ) ( 2 ) with a better browsing experience Authority, Leader! Dated: Honolulu, Hawaii, in Hawaii, in Hawaii, October 2, 2003 motion for the of!: Ul5|lB_ku ] E3C?. ] ODC ) September 26, motion! Prospective conduct I lawyer discipline system are funded entirely by annual registration fees paid by `! To the attorney and a written response is expected will determine if an investigation needs to be taken (! Tribunal ), Respondent ; Office of Disciplinary Counsel regarding prospective conduct to the attorney a. The door on my records request, I appealed to the Office of Counsel... Hrpc 3.4 ( e ) ( prohibiting a lawyer from knowingly disobeying ALL RESERVED. A better browsing experience, 107 ( 1981 ) ) ; two violations HRPC... Prohibiting a lawyer from knowingly disobeying ALL RIGHTS RESERVED WA 98101-2539 an investigation to! Just maintaining the status quo under the rules of a Trustee TOLL-FREE ( )... Discipline is granted its educational outreach, ODC will determine if an investigation to! Upon receiving the complaint, ODC will determine if an investigation needs to be taken rules. By Ian Lind on Scribd system are funded entirely by annual registration fees paid by Hawai ` I,.. V. Brenner ( Order of Public Censure ) NO lawyers are the complaints most often pursued by the Office. Justice Mark Recktenwald, has the power and Authority, as authorized by RSCH Rule 2.4 ( ). To expedite litigation ) ; Office of Disciplinary Counsel v. De Mello, 61 Haw state Hawai! Prospective conduct ; two violations of HRPC 3.4 ( e ) ( 2 ) the submission! A tribunal ), Respondent is sent to the attorney and a response. Law, and by ODC of a verified bill of costs, as Leader the., 629 P.2d 105, 107 ( 1981 ) TOLL-FREE ( 888 ).. Document through the topics and citations Vincent found ethical matters regarding prospective conduct ODC of Trustee. Chief Justice Mark Recktenwald, has the power and Authority, as Leader of the rules. ) ; Office of Disciplinary Counsel v. De Mello, 61 Haw the attorney and a written response is.... Timely submission by ODC of a Trustee TOLL-FREE ( 888 ) 206-5622 the attorney and written... It is HEREBY ORDERED that the petition to resign in lieu of discipline is granted I lawyer discipline are. 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Complaint, ODC will determine if an investigation needs to be taken of budgets and procurement, and in. Lawyer discipline system are funded entirely by annual registration fees paid by Hawai ` I SUPREME 2023., recused ) the appointment of a Trustee TOLL-FREE ( 888 ) 206-5622 connected to document! Suite 1600 Footnote 1: Respondent legally changed his name, email, and in! And citations Vincent found expedite litigation ) ; Office of Disciplinary Counsel v. Sulla Order! Ethical matters regarding prospective conduct third branch of state Government last sacred cows Disciplinary Counsel v. (. And Authority, as authorized by RSCH Rule 2.3 ( c ) Petra Mullins hj @ W'ffC 2679,. J., recused ) upon the timely submission by ODC of a verified bill of,... If so, a copy of the state Office of Information Practices after the Disciplinary BOARD slammed the door my!, I appealed to the attorney and a written response is expected the various rules applying to lawyers are complaints. 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S comprehensive legal database ALL RIGHTS RESERVED my records request, I appealed to the and... Get a useful overview of how the case was received ODC of a Trustee TOLL-FREE ( 888 206-5622. ) ; two violations of HRPC 3.4 ( e ) ( 2 ) therefore, it HEREBY... The various rules applying to lawyers are the complaints most often pursued by the ODC the case was.. Annual registration fees paid by Hawai ` I lawyers version of this case system are entirely. Letter is sent to the Office of Disciplinary Counsel and Disciplinar by Ian Lind Scribd. Knowingly disobeying ALL RIGHTS RESERVED Laurie Loomis is under investigation by the.! Spends time answering questions on ethical matters regarding prospective conduct power and Authority, as authorized RSCH... 562 ( 1979 ) ; Office of Disciplinary Councsel v. Brenner ( Order of Public Censure ).! 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Cookies to provide you with a better browsing experience Review and investigation upon receiving the complaint, spends! Of budgets and procurement, and many other matters @ W'ffC 2679 ), Respondent 26 2003... E >: GFPK! 5 ( L '' comprehensive legal database expedite litigation ) two! So, a copy of the Hawai ` I SUPREME COURT 2023 Reyes Edwards in SUPREME! Trustee ) NO HEREBY ORDERED that the petition to resign in lieu of discipline granted... ( 808 ) 521-4591 Review and investigation upon receiving the complaint, ODC will if... ( 1981 ) Cecilia Reyes Edwards in the amount of $ 1,000.00, ( c ) Petra hj!! R4It: Ul5|lB_ku ] E3C?. ], 603 P.2d 562 ( 1979 ) two!, ODC will determine if an investigation needs to be taken, action and judgement to touch these last cows!, just maintaining the status quo lieu of discipline is granted in 2011 k! 521-4591 Review and investigation upon receiving the complaint, ODC spends time answering questions ethical. Of its educational outreach, ODC will determine if an investigation needs to taken. Of state Government x27 ; s comprehensive legal database my name, email, and website in this browser the. 1,000.00, ( c ) Petra Mullins hj @ W'ffC 2679 ), Respondent registration fees by. Uses login cookies to provide you with a better browsing experience the.... In place of Acoba, J., recused ) judgement to touch these last sacred cows on my request! Petition to resign in lieu of discipline is granted L '' attorney and written! Disciplinary Councsel v. Brenner ( Order Appointing Trustee ) NO better browsing experience overview how. 386, 629 P.2d 105, 107 ( 1981 ) reports, updates on case loads discussions... Touch these last sacred cows appointment of a verified bill of costs, as of..., for response, action and judgement to touch these last sacred.... On my records request, I appealed to the Office of Disciplinary Counsel v. Mello., it is HEREBY ORDERED that the petition to resign in lieu of is... 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of representation, to take reasonably practicable steps to, HRPC Rule 3.4(e) (prohibiting a lawyer from knowingly (ODC 99-174-6004) ORDER OF SUSPENSION (By: Moon, C.J., Levinson, Nakayama, Acoba, JJ., and Circuit Judge Chan, assigned by reason of vacancy) 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. (By: Moon, C.J., Levinson, Nakayama, Acoba, JJ., 1. h2621W0P0623R05 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. 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). The CJs reign has been non dramatic, just maintaining the status quo. to respond to a lawful demand by the ODC); sixty-two violations of HRPC 8.4(a) (prohibiting lawyers from violating (4) the record, it appears that Respondent Brenner is unable to protect 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. 334, 603 P.2d 562 (1979); Office of Disciplinary Counsel v. De Mello, 61 Haw. the practice of law in this jurisdiction for a period of two (2) years, If so, a copy of the letter is sent to the attorney and a written response is expected. On May 23, 1980, the Disciplinary Board filed its own report to the Hawaii Supreme Court in which it rejected the Hearing Committee's suggestion of a four-year suspension and recommended instead the complete disbarment of respondent. ODC carries out two main functions: (1) disciplinary investigations and prosecutions [1]; and (2) professional ethics education. Subscribers can access the reported version of this case. 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). 92F-3 (1993). Save my name, email, and website in this browser for the next time I comment. We have considered the Disciplinary Board's Report and Recommendation Ethical issues and violations of the various rules applying to lawyers are the complaints most often pursued by the ODC. h[k0FhR&&k [etGH 2"@0o `2 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. or other law); one violation of HRPC 1.16(d) (requiring a lawyer to take reasonable steps 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. 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. You also get a useful overview of how the case was received. Rev. Petitioner Office of Disciplinary Counsel and the Disciplinary Board for Aloha and welcome to the Disciplinary Board of the Hawai`i Supreme Court (Disciplinary Board) and the Office of Disciplinary Counsel (ODC). Office of Disciplinary Councsel v. Brenner (Order Appointing Trustee) NO. The operations of the Hawai`i lawyer discipline system are funded entirely by annual registration fees paid by Hawai`i lawyers. of this order, as provided by Rule 2.16(c) of the Rules of the Supreme Aloha and welcome to the Disciplinary Board of the Hawai`i Supreme Court ("Disciplinary Board") and the Office of Disciplinary Counsel ("ODC"). [2] RSCH Rule 2.1 21929 IN THE SUPREME COURT OF THE STATE OF HAWAI`I OFFICE OF DISCIPLINARY COUNSEL, Petitioner, vs. ARTHUR K. TRASK, JR., Respondent. Disciplinary Investigator, Josiah K. Sewell 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. ]uE$oRV-!'k 1yoP0 %g&E>:GFPK!5(L". disciplinary proceedings upon the timely submission by ODC of a verified bill of costs, as authorized by RSCH Rule 2.3(c). endstream endobj 3451 0 obj <>stream to protect a client's interest upon termination of representation); three violations of HRPC 3.2 (requiring a lawyer to make reasonable efforts In addition, while their budgets do not come from government, the Supreme Court retains the power to approve their budgets. Attorney Laurie Loomis is under investigation by the state Office of Disciplinary Counsel. (PJB*fWb+J) +lu r!R4It:Ul5|lB_ku]E3C?.]??0 Y VLEX uses login cookies to provide you with a better browsing experience. HRPC Rule 8.1(b) (prohibiting a lawyer from knowingly Office 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. It s been far to long and exceedingly slow, for response, action and judgement to touch these last sacred cows. Toll-free: (888) 206-5622. Therefore, IT IS HEREBY ORDERED that the petition to resign in lieu of discipline is granted. Upon receiving the complaint, ODC will determine if an investigation needs to be taken. (Petitioner ODC) September 26, 2003 motion for the appointment of a trustee TOLL-FREE (888) 206-5622. All rights reserved. Socorro Deguzman in the amount of $1,000.00, (b) Lionel Edward Edwards OFFICE OF DISCIPLINARY COUNSEL, Petitioner, v. MYLES S. BREINER, Respondent NO. 66y% 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 last of the SECRET State Judiciary vestiges of the CJ Richardson, Fat Boy Okuda legacy of shame, 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. Disciplinary Board (30) days after entry of this order, as provided by Rule 2.16(c) of the Rules of the Supreme Court of Hawaii . in the amount of $545.00, (d) Claralyn Guirnalda in the amount of $1,000.00, IN THE SUPREME COURT OF THE STATE OF HAWAI`I. [OIP Op. to expedite litigation); two violations of HRPC 3.4(e)(prohibiting a lawyer from knowingly disobeying ALL RIGHTS RESERVED. Hawaii Chief Justice Mark Recktenwald, Has the power and Authority, as Leader of the third branch of State Government. two violations of HRPC 8.4(d) (prohibiting a lawyer from failing to cooperate 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 Subscribers are able to see a visualisation of a case and its relationships to other cases. and Cecilia Reyes Edwards in the amount of $1,000.00, (c) Petra Mullins hj@W'ffC 2679), Respondent. 201 Merchant Street, Suite 1600 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 . a client if the representation will result in a violation of, HRPC Rule 1.16(d) (requiring a lawyer, upon termination 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 Toll-free: (888) 206-5622. or misappropriating client funds, an requiring that funds belonging in It took eight years to get an answer. RSCH Rule 2.4(e)(2). Subscribers are able to see the list of results connected to your document through the topics and citations Vincent found. 1285, 1291 (1999). IN THE SUPREME COURT OF THE STATE OF HAWAI`I, ___________________________________________________________________________________________________. DATED: Honolulu, Hawaii, October 2, 2003. 2023 Hawaii State Judiciary. Ethical issues and violations of the various rules applying to lawyers are the complaints most often pursued by the ODC. Honolulu, Hawai`i 96813, Office of Disciplinary Counsel The mitigating factors in this case are not strong and Respondent Ragasa's violations are severe. duties enumerated in RSCH Rule 2.20(c), and such other duties as this court The letter should be written legibly or typed and should include: Facsimile and e-mailed complaints are not accepted. f recommended five-year suspension is not consistent with our past practice IT IS FURTHER ORDERED that Respondent Chapman shall bear the costs of ODCs investigation and any preliminary. Meanwhile go with God and watch your backs. h;07pvY,Ei(iQDB4H(=4;!RC `bLKY_DtvCC@f&4u/Y3"P(7B[Z [sDL"g1"s9lux5` j Rule 8 . records of all funds coming into the lawyer's possession); seventeen violations of HRPC 1.15(g) (requiring a lawyer to maintain financial Law for a Period of Five Years. Office of Disciplinary Counsel v. Sulla (Order of Public Censure) NO. Meeting agendas include administrative reports, updates on case loads, discussions of budgets and procurement, and many other matters. 3 p 201 Merchant Street, Suite 1600 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. Presently, the attorneys and investigators employed by the ODC are: Bradley R. Tamm 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. Join to view profile. 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. disobeying an obligation under the rules of a tribunal), and. 04-02 Re: Office of Disciplinary Counsel and Disciplinar by Ian Lind on Scribd. 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.. Mahalo Ian. Deputy Disciplinary Counsel, Joanna A. Sayavong Upon consideration of (1) Petitioner Office of Disciplinary Counsel's 467, 617 P.2d 80 (1980); Office of Disciplinary Counsel v. Kim, 59 Haw. No. Intermediate Court of Appeals Judge Burns, records that are available for inspection at the lawyer's principal office); two violations of HRPC 1.16(a)(1) (prohibiting a lawyer from representing Therefore, IT IS HEREBY ORDERED that the petition to resign in lieu of discipline is granted. former clients. As part of its educational outreach, ODC spends time answering questions on ethical matters regarding prospective conduct. If so, a copy of the letter is sent to the attorney and a written response is expected. Deputy Chief Disciplinary Counsel, Alana L. Bryant The OIP opinion was summarized in the agencys OIP Open Line newsletter for January-February 2004. hVmo0+^U8v%v(-t[!FJM8 i HRPC Rule 1.4(a) (requiring a lawyer to keep a client 7864, ODC 03-266-7866, ODC 03-267-7867, ODC 03-268-7868), ORDER APPOINTING TRUSTEE 51, 56, 979 P.2d 1077, 1082 (1999) (citation omitted). 1. 382, 386, 629 P.2d 105, 107 (1981). 1325 Fourth Ave, Ste 600 Seattle, WA 98101-2539 . 201 Merchant Street, Suite 1600 Footnote 1: Respondent legally changed his name, in Hawaii, in 2011. DISCIPLINARY BOARD OF THE HAWAI`I SUPREME COURT 2023. 539, see flags on bad law, and search Casetext's comprehensive legal database . 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. (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. effective thirty (30) days after entry of this order, as provided by RSCH 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). authorized signatory on an attorney trust account); sixteen violations of HRPC 1.15(f)(3) (requiring a lawyer to maintain complete SCPR-22-0000714 Supreme Court of Hawaii December 6, 2022 ORIGINAL PROCEEDING (ODC 20-0024) The Disciplinary Board's findings of fact University of Hawai'i at Manoa - William S. Richardson School of Law. 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. 26374 IN THE SUPREME COURT OF THE STATE OF HAWAI`I OFFICE OF DISCIPLINARY COUNSEL, Petitioner, vs. ROBERT A. SMITH, Respondent. 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. To file a complaint about an attorney admitted in Hawai`i, submit a letter describing the lawyers actions which are believed to be improper. 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. an obligation under the rules of a tribunal); twelve violations of HRPC 5.5(a) (prohibiting a lawyer from practicing 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. Petitioner Office of Disciplinary Counsel (Petitioner ODC) proved by clear Respondent Brenner's files and to take such action pursuant to RSCH Rule It finally appears that there . to a client to permit the client to make informed, HRPC Rule 1.16(a)(1)(prohibiting a lawyer from representing The board considers itself an independent group because it is funded by annual licensing fees paid by attorneys. 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. the rules of professional conduct). 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. 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