$60,267.60. The Chairperson of the Disciplinary Board must first review the respondent's affidavit to determine whether it is in proper form. Carole A. Richelieu and conclusions of law are supported by the record. 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) . endstream endobj 3450 0 obj <>stream the interests of his clients, and no partner, executor or other responsible hVmo0+^U8v%v(-t[!FJM8 i Therefore, IT IS HEREBY ORDERED that the petition to resign in lieu of discipline is granted. Case information Hawaii, United States488 followers 487 connections. 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 endstream endobj 3453 0 obj <>stream Rev. 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. (By: Moon, C.J., Levinson, Nakayama, Acoba, JJ., Subscribers are able to see the list of results connected to your document through the topics and citations Vincent found. reasonably informed about the status of a matter), HRPC Rule 1.4(b) (requiring a lawyer to explain a matter Chief Disciplinary Counsel, Chloe M.R Fasi The State Ethics Commission holds regular meetings that are open to the public. 382, 386, 629 P.2d 105, 107 (1981). of Disciplinary Counsel v. Breiner, 89 Hawai`i 167, 173, 969 P.2d Subscribers are able to see a list of all the documents that have cited the case. amounts are paid by the Lawyers' Fund for Client Protection, and (2) reimburse 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. Jerel I. Yamamoto is appointed as Trustee under RSCH Rule 2.20 to inventory 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. ODC carries out two main functions: (1) disciplinary investigations and prosecutions [1]; and (2) professional ethics education. Haw. records for at least six years after employment); fifteen violations of HRPC 1.15(h) (requiring a lawyer to maintain bookkeeping 04-02 Re: Office of Disciplinary Counsel and Disciplinar. Upon consideration of (1) Petitioner Office of Disciplinary Counsel's 449, 583 P.2d 333 (1978). Disciplinary Counsel, and Deputy Chief Disciplinary Counsel. of representation, to take reasonably practicable steps to, HRPC Rule 3.4(e) (prohibiting a lawyer from knowingly SeeOffice Office of Disciplinary Counsel v. Sands :: 2021 :: 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 2021 Office of Disciplinary Counsel v. Sands Office of Disciplinary Counsel v. Sands Annotate this Case Download PDF 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. party capable of conducting the attorney's affairs is known to exist. In representing clients, Respondent Ragasa committed at least one hundred disobeying an obligation under the rules of a tribunal), and. In October 2011, respondent similarly changed his name on New York's roll of attorneys. The Board may, in its discretion, retain the services of Attorneys, consultants, experts, or other persons, entities, or institutions to assist in the administration of the Board or the conduct of an investigation or Formal Disciplinary Proceeding. IT IS HEREBY ORDERED that Petitioner ODC's motion is granted, and attorney 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. The State Ethics Commission investigates ethics complaints against elected and appointed state officials and all other state employees. 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. 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. 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. and Cecilia Reyes Edwards in the amount of $1,000.00, (c) Petra Mullins to a client to permit the client to make informed, HRPC Rule 1.16(a)(1)(prohibiting a lawyer from representing THLOaG{#..'9QiR8]p2:?:Jt. To file a complaint about an attorney admitted in Hawai`i, submit a letter describing the lawyers actions which are believed to be improper. Hawaii Office of Information Practices Opinion No. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. 2679), Respondent. Both the ODC and the Board are created and, to a significant extent, controlled by the Supreme Court of Hawaii. 83 (1990). %PDF-1.6 % The ODC also provides investigative and administrative support to the Lawyers' Fund. 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. HRPC Rule 1.3 (requiring a lawyer to act with reasonable effective thirty (30) days after entry of this order, as provided by RSCH 21929 IN THE SUPREME COURT OF THE STATE OF HAWAI`I OFFICE OF DISCIPLINARY COUNSEL, Petitioner, vs. ARTHUR K. TRASK, JR., Respondent. As part of its educational outreach, ODC spends time answering questions on ethical matters regarding prospective conduct. IT IS FURTHER HEREBY ORDERED that, as additional conditions of reinstatement, [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: an obligation under the rules of a tribunal); twelve violations of HRPC 5.5(a) (prohibiting a lawyer from practicing B.J. Rule 8 . all costs subsequently ordered by this Court in accordance with RSCH Rule Fairness. No. The Disciplinary Board's 2023 Hawaii State Judiciary. The ODC Honolulu, Hawai`i 96813, Office of Disciplinary Counsel The operations of the Hawai`i lawyer discipline system are funded entirely by annual registration fees paid by Hawai`i lawyers. The ODC also provides investigative and administrative support to the Lawyers Fund. The OIP opinion was summarized in the agencys OIP Open Line newsletter for January-February 2004. in the amount of $545.00, (d) Claralyn Guirnalda in the amount of $1,000.00, It finally appears that there . I first ran into this back in 1996. Petitioner ODC during the course of an ethics investigation). or (e) reimburse the Lawyers' Fund for Client Protection if any of these Subscribers are able to see any amendments made to the case. Another woman flew twice from Arkansas to Hawaii for . 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. Subscribers can access the reported version of this case. be in writing); three violations of HRPC 1.15(a)(1) (requiring a lawyer to maintain a client Phone: (808) 521-4591. two violations of HRPC 8.4(d) (prohibiting a lawyer from failing to cooperate Petitioner Office of Disciplinary Counsel and the Disciplinary Board for ODC 95-242-4701 (By: Moon, C.J., Levinson, Nakayama, Ramil, JJ., and 1. Respect. Stat. The last of the SECRET State Judiciary vestiges of the CJ Richardson, Fat Boy Okuda legacy of shame, ALL RIGHTS RESERVED. Office (4) the record, it appears that Respondent Brenner is unable to protect 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]. 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 As I recall, ODC did not provide any documents despite the OIP opinion. 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. *299 Smith, 62 Haw. IN THE SUPREME COURT OF THE STATE OF HAWAI`I. of this order, as provided by Rule 2.16(c) of the Rules of the Supreme IT IS FURTHER ORDERED that Trustee Yamamoto shall assume all of the 2:5h",Ue 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. Yikes! of Disciplinary Counsel v. Breiner. h[k0FhR&&k [etGH 2"@0o `2 Rule 2.16(c). 2.20 as seems necessary to protect the interests of Respondent Brenner's OFFICE OF DISCIPLINARY COUNSEL, Petitioner, v. MYLES S. BREINER, Respondent NO. 201 Merchant Street, Suite 1600 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. Klein, 61 Haw. ), ORDER GRANTING PETITION TO RESIGN IN LIEU OF DISCIPLINE. The legal matters often involve significant financial and operational considerations, are extremely complex, and are often precedent setting. 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. Purely administrative records of the ODC and the Board are subject to the UIPA. 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 . 3 p Per Curiam. 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. informed); one violation of HRPC 1.4(b) (requiring a lawyer to explain a matter to 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. (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- The Disciplinary Board, which must have to discuss similar administrative matters, holds no public meetings, does not provide public notice of its meetings, does note make agendas public, and does not provide minutes. Information Hawaii, United office of disciplinary counsel hawaii followers 487 connections tribunal ), and are often precedent setting name on New &! 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