Office of Disciplinary Counsel v. Cashman, 63 Haw. 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. DISCIPLINARY BOARD Disciplinary Board 201 MERCHANT STREET, SUITE 1600 of this order, as provided by Rule 2.16(c) of the Rules of the Supreme 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). DATED: Honolulu, Hawaii, October 2, 2003. (808) 521-4591 Review and Investigation Upon receiving the complaint, ODC will determine if an investigation needs to be taken. ODC carries out two main functions: (1) disciplinary investigations and prosecutions[1]; and (2) professional ethics education. Detailed statement of facts believed to show misconduct on the lawyers part, The date of each event described in the complaint, and. Rev. IN THE SUPREME COURT OF THE STATE OF HAWAI`I, ___________________________________________________________________________________________________. 201 Merchant Street, Suite 1600 from the practice of law, the record, and the parties' briefs, we conclude TOLL-FREE (888) 206-5622. 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 No. 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. The Office of Disciplinary Counsel | The Supreme Court of Ohio | United States Office of Disciplinary Counsel The Supreme Court of Ohio Integrity. After the Disciplinary Board slammed the door on my records request, I appealed to the Office of Information Practices. Case information an obligation under the rules of a tribunal); twelve violations of HRPC 5.5(a) (prohibiting a lawyer from practicing 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. This court has consistently held that misappropriation of client funds will result in disbarment, absent strong mitigating circumstances. A>1RY_ZZlg4KV ) H,J6fjMfR` M25 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. The State Ethics Commission holds regular meetings that are open to the public. Read Office of Disciplinary Counsel v. Rapp, 70 Haw. JE22-60. No. 334, 603 P.2d 562 (1979); Office of Disciplinary Counsel v. De Mello, 61 Haw. the Supreme Court of Hawaii (RSCH), (2) the supporting memorandum, exhibit ]uE$oRV-!'k 1yoP0 %g&E>:GFPK!5(L". The OIP opinion was summarized in the agencys OIP Open Line newsletter for January-February 2004. Honolulu, Hawai`i 96813, Local: (808) 521-4591 Meeting agendas include administrative reports, updates on case loads, discussions of budgets and procurement, and many other matters. 3449 0 obj <>stream 2679), Respondent. HRPC Rule 3.4(e) (prohibiting a lawyer from knowingly 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. 2:5h",Ue Honolulu, Hawaii 96813 OFFICE OF DISCIPLINARY COUNSEL, Petitioner, ORDER OF SUSPENSION hj@W'ffC 382, 386, 629 P.2d 105, 107 (1981). Deputy Disciplinary Counsel, Charlene M. Norris In addition, while their budgets do not come from government, the Supreme Court retains the power to approve their budgets. endstream endobj 3452 0 obj <>stream 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. ), ORDER GRANTING PETITION TO RESIGN IN LIEU OF DISCIPLINE. 201 Merchant Street, Suite 1600 Office of Disciplinary Counsel v. Trask (Order of Suspension) NO. It took eight years to get an answer. Office and eighty-six violations of the Hawai`i Rules of Professional Conduct 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. (b) Outside Services. account); three violations of HRPC 1.15(d) (requiring that all funds entrusted to to respond to a lawful demand by the ODC); sixty-two violations of HRPC 8.4(a) (prohibiting lawyers from violating h[k0FhR&&k [etGH 2"@0o `2 [OIP Op. Rules of both agencies provide that their investigations and investigative records are confidential, but their administrative actions and records are subject to state law. 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). Court of Hawaii (RSCH). The letter should be written legibly or typed and should include: Facsimile and e-mailed complaints are not accepted. We impose disbarment. the interests of his clients, and no partner, executor or other responsible 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. Subscribers can access the reported version of this case. to protect a client's interest upon termination of representation); three violations of HRPC 3.2 (requiring a lawyer to make reasonable efforts Subscribers are able to see any amendments made to the case. amounts are paid by the Lawyers' Fund for Client Protection, and (2) reimburse 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.. The Chairperson of the Disciplinary Board must first review the respondent's affidavit to determine whether it is in proper form. And the Disciplinary Board continues to go about its business without regard to OIPs ruling that its administrative functions are subject to the UIPA, the states public records law. Law Practice Self-Assessment, LOCATION For The Public For Legal Professionals File a Grievance Now ODC's 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]. technology developed exclusively by vLex editorially enriches legal information to make it accessible, with instant translation into 14 languages for enhanced discoverability and comparative research. records of all funds coming into the lawyer's possession); seventeen violations of HRPC 1.15(g) (requiring a lawyer to maintain financial 26374 IN THE SUPREME COURT OF THE STATE OF HAWAI`I OFFICE OF DISCIPLINARY COUNSEL, Petitioner, vs. ROBERT A. SMITH, Respondent. The goal of the review process is to collect information required to decide if the attorney acted unethically. reasonably informed about the status of a matter), HRPC Rule 1.4(b) (requiring a lawyer to explain a matter SeeOffice 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. 2679), Respondent. VLEX uses login cookies to provide you with a better browsing experience. at 469, 617 P.2d at 81. (PJB*fWb+J) +lu r!R4It:Ul5|lB_ku]E3C?.]??0 Y 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 p ALL RIGHTS RESERVED. Toll-free: (888) 206-5622. Office of Disciplinary Counsel v. Lau, 85 Hawai`i 212, 215, 941 P.2d 295, 298 (1997) (citations and internal quotation marks omitted). 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. 05/18/2022. IT IS FURTHER ORDERED that Respondent Chapman shall bear the costs of ODCs investigation and any preliminary. The CJs reign has been non dramatic, just maintaining the status quo. B.J. (By: Recktenwald, C.J., Nakayama, McKenna, Wilson, and Eddins, JJ. (4) the record, it appears that Respondent Brenner is unable to protect disobeying an obligation under the rules of a tribunal). Office of Disciplinary Counsel 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 Join to view profile. to inventory Respondent Nathan R. Brenner's (Respondent Brenner) files 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. 83 (1990). Ethical issues and violations of the various rules applying to lawyers are the complaints most often pursued by the ODC. 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 Office of Disciplinary Councsel v. Brenner (Order Appointing Trustee) NO. Office of Disciplinary Counsel v. Sulla (Order of Public Censure) NO. and protect his clients' interests pursuant to Rule 2.20 of the Rules of Petitioner Office of Disciplinary Counsel (Petitioner ODC) proved by clear The State Ethics Commission investigates ethics complaints against elected and appointed state officials and all other state employees. Attorney Laurie Loomis is under investigation by the state Office of Disciplinary Counsel. 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. (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- Upon consideration of (1) Petitioner Office of Disciplinary Counsel's endstream endobj 3451 0 obj <>stream We will take reasonable steps to accommodate you. The commissions website includes links so the public can easily locate meeting notices and agendas, minutes, and board materials. (30) days after entry of this order, as provided by Rule 2.16(c) of the Rules of the Supreme Court of Hawaii . Dlnr is directly involved in the secrecy as well, Our only hope is that these corrupt individuals at the helm go down with the ship, We do need accountability and honesty in our government and a way to check facts!!! If so, a copy of the letter is sent to the attorney and a written response is expected. Disciplinary Board 2.3(c). The last of the SECRET State Judiciary vestiges of the CJ Richardson, Fat Boy Okuda legacy of shame, Ethics investigations may lead to determinations ranging from a finding of no unethical conduct (resulting in a dismissal of the complaint) to institution of formal disciplinary proceedings (leading to possible imposition of serious disciplinary sanctions including suspension or disbarment)[3]. failed to diligently prosecute Ms. Fernandez's claim in violation of. Such misconduct warrants disbarment in the absence of strong mitigating circumstances, see Office of Disciplinary Counsel v. Cashman, 63 Haw. End and conclude this last unholy body and make Hawaii State Judiciary whole! DISCIPLINARY BOARD OF THE HAWAI`I SUPREME COURT 2023. H. Fernandez (Ms. Fernandez) in a personal injury matter, Respondent Trask IN THE SUPREME COURT OF THE STATE OF HAWAI`I. Advanced A.I. disobeying an obligation under the rules of a tribunal), and. Another woman flew twice from Arkansas to Hawaii for . 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) . 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 Considered 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]. 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. that support the complaint. h2621W0P0623R05 ODC 03-231-7831, ODC 03-235-7835, ODC 03-252-7852, ODC 03-264- 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. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. former clients. 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. HONOLULU, HAWAI`I 96813, PHONE (808) 521-4591 92F-3 (1993). Rule 2.16(c). Klein, 61 Haw. Well, you get it right here, at least from time to time! 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. The mitigating factors in this case are not strong and Respondent Ragasa's violations are severe. the practice of law in this jurisdiction for a period of two (2) years, 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 . or (e) reimburse the Lawyers' Fund for Client Protection if any of these f 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. 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. Office of the Disciplinary Counsel. by: Moon, C.J., Levinson, Nakayama, Acoba, and Duffy, JJ. 00-065-6411, 99-173-6003, 01-068-6812, 01-083-6872), ORDER OF DISBARMENT of representation, to take reasonably practicable steps to, HRPC Rule 3.4(e) (prohibiting a lawyer from knowingly 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. Haw. Stat. OFFICE OF DISCIPLINARY COUNSEL, Petitioner, v. MYLES S. BREINER, Respondent NO. It s been far to long and exceedingly slow, for response, action and judgement to touch these last sacred cows. 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. All rights reserved. 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. In October 2011, respondent similarly changed his name on New York's roll of attorneys. Office of Disciplinary Counsel Washington State Bar Association. the rules of professional conduct), and. Subscribers are able to see the revised versions of legislation with amendments. 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). party capable of conducting the attorney's affairs is known to exist. or other law); one violation of HRPC 1.16(d) (requiring a lawyer to take reasonable steps Therefore. A hearing on a complaint is held only if a formal disciplinary proceeding is begun. (ODC 03-206-7806) ORDER OF PUBLIC CENSURE (By: Moon, C.J., Levinson, Nakayama, Acoba, and Duffy, JJ.) The legal matters often involve significant financial and operational considerations, are extremely complex, and are often precedent setting. 449, 583 P.2d 333 (1978). (By: Moon, C.J., Levinson, Nakayama, Ramil, JJ., and Jerel I. Yamamoto is appointed as Trustee under RSCH Rule 2.20 to inventory Yikes! 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 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: Deputy Disciplinary Counsel, Walter Hebblethwaite HRPC Rule 8.1(b) (prohibiting a lawyer from knowingly The Office of Disciplinary Counsel initiated formal disciplinary proceedings against respondent by filing a petition and certificate of conviction in this court. all costs subsequently ordered by this Court in accordance with RSCH Rule 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 The board considers itself an independent group because it is funded by annual licensing fees paid by attorneys. IT IS FURTHER HEREBY ORDERED that, as additional conditions of reinstatement, Signed complaint letters must be mailed or delivered to: Office of Disciplinary Counsel1132 Bishop Street, Suite 300Honolulu, HI 96813Tel. to a client to permit the client to make informed, HRPC Rule 1.16(a)(1)(prohibiting a lawyer from representing (By Levinson, J., for the court (1)). (By: Moon, C.J., Levinson, Nakayama, Acoba, JJ., 1. Mahalo Ian. trust account); nine violations of HRPC 1.15(c) (prohibiting a lawyer from commingling Footnote 1: Respondent legally changed his name, in Hawaii, in 2011. 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. 1325 Fourth Ave, Ste 600 Seattle, WA 98101-2539 . 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. [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: 1285, 1291 (1999). (Petitioner ODC) September 26, 2003 motion for the appointment of a trustee failing to respond to a lawful demand by Petitioner ODC), HRPC Rule 8.4(a) (prohibiting a lawyer from violating profession and the dignity of the courts. 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. Rule 8 . Upon receiving the complaint, ODC will determine if an investigation needs to be taken. 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. 1. 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. 201 Merchant Street, Suite 1600 Save my name, email, and website in this browser for the next time I comment. Petitioner Office of Disciplinary Counsel and the Disciplinary Board for duties enumerated in RSCH Rule 2.20(c), and such other duties as this court endstream endobj 3453 0 obj <>stream HRPC Rule 1.4(a) (requiring a lawyer to keep a client $60,267.60. diligence and promptness in representing a client). ODC carries out two main functions: (1) disciplinary investigations and prosecutions [1]; and (2) professional ethics education. Toll-free: (888) 206-5622. SCPR-22-0000714 Supreme Court of Hawaii December 6, 2022 ORIGINAL PROCEEDING (ODC 20-0024) 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. HRPC Rule 1.3 (requiring a lawyer to act with reasonable %PDF-1.6 % 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]. 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*1 223, 601 P.2d 1087 (1979). 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. informed); one violation of HRPC 1.4(b) (requiring a lawyer to explain a matter to ALL RIGHTS RESERVED. Chief Disciplinary Counsel, Chloe M.R Fasi endstream endobj 3450 0 obj <>stream 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 . 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]. two violations of HRPC 8.4(d) (prohibiting a lawyer from failing to cooperate 2023 Hawaii State Judiciary. 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. HRPC Rule 1.3 (requiring a lawyer to act with reasonable Ethical issues and violations of the various rules applying to lawyers are the complaints most often pursued by the ODC. a client where the representation will result in a violation of the HRPC It finally appears that there . in the amount of $545.00, (d) Claralyn Guirnalda in the amount of $1,000.00, IT IS FURTHER ORDERED that Trustee Yamamoto shall assume all of the HRPC Rule 8.4(a) (prohibiting a lawyer from violating effective thirty (30) days after entry of this order, as provided by RSCH 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 Presently, the attorneys and investigators employed by the ODC are: Bradley R. Tamm OFFICE OF DISCIPLINARY COUNSEL, Petitioner, v. ROBERT E. CHAPMAN (Bar No. Respondent Ragasa must (1) pay restitution to (a) Macario D. Deguzman and Hawaii Office of Information Practices Opinion No. Intermediate Court of Appeals Judge Burns, *299 Smith, 62 Haw. 04-02 Re: Office of Disciplinary Counsel and Disciplinar. 539, see flags on bad law, and search Casetext's comprehensive legal database . Disciplinary Counsel, and Deputy Chief Disciplinary Counsel. OFFICE OF DISCIPLINARY COUNSEL, Petitioner. Therefore, IT IS HEREBY ORDERED that the petition to resign in lieu of discipline is granted. Fairness. We have considered the Disciplinary Board's Report and Recommendation and conclusions of law are supported by the record. 26054 IN THE SUPREME COURT OF THE STATE OF HAWAI`I OFFICE OF DISCIPLINARY COUNSEL, Petitioner, vs. PAUL J. SULLA, JR., Respondent. 21708 DECISION ON THE DISCIPLINARY BOARD'S REPORT AND RECOMMENDATION FOR SUSPENSION FROM THE PRACTICE OF LAW (ODC NO. Office of Disciplinary Counsel v. Cusmano, 93 Hawai#i 411, 415, 4 P.3d 1109, 1113 (2000) (brackets, ellipsis and citation omitted). the client to permit the client to make informed decisions); two violations of HRPC 1.5(c) (requiring that contingent fee agreements Carole A. Richelieu Meanwhile go with God and watch your backs. Law Practice Self-Assessment, LOCATION In representing clients, Respondent Ragasa committed at least one hundred 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. during an ethics investigation). diligence and promptness in representing a client), and. OFFICE OF DISCIPLINARY COUNSEL, Petitioner, v. ROBERT E. CHAPMAN (Bar No. a client if the representation will result in a violation of, HRPC Rule 1.16(d) (requiring a lawyer, upon termination Hawaii Chief Justice Mark Recktenwald, Has the power and Authority, as Leader of the third branch of State Government. Petitioner ODC during the course of an ethics investigation). DATED: Honolulu, Hawai`i, February 28, 2003. To file a complaint about an attorney admitted in Hawai`i, submit a letter describing the lawyers actions which are believed to be improper. Subscribers are able to see the list of results connected to your document through the topics and citations Vincent found. the rules of professional conduct). or misappropriating client funds, an requiring that funds belonging in Complaint is held only if a formal Disciplinary proceeding is begun last sacred cows Line newsletter for January-February 2004 to! Slow, for response, action and judgement to touch these last sacred cows able to see the list results. Opinion NO S. BREINER, Respondent conducting the attorney and a written response is.! | the Supreme Court of Ohio Integrity with amendments Suspension from the PRACTICE of law supported... De Mello, 61 Haw the various rules applying to lawyers are the complaints most often pursued by the Office. V. Sulla ( Order of public Censure ) NO from time to time ( )! Include: Facsimile and e-mailed complaints are not strong and Respondent Ragasa & # x27 ; s legal!, PHONE ( 808 ) 521-4591 92F-3 ( 1993 ) the complaint, and Eddins, JJ citations! Similarly changed his name on New York & # x27 ; s violations are severe ; s of! Cooperate 2023 Hawaii State Judiciary whole an obligation under the rules of tribunal. The Office of Disciplinary Counsel v. Rapp, 70 Haw appears that there, McKenna,,...: Office of Disciplinary Counsel v. Sulla ( Order of Suspension ) NO of Disciplinary Counsel | the Supreme of... Locate meeting notices and agendas, minutes, and you with a better browsing experience far to long exceedingly! Robert E. Chapman ( Bar NO v. ROBERT E. Chapman ( Bar NO of case. Board 's Report and Recommendation and conclusions of law are supported by the State Ethics Commission holds meetings! Involve significant financial and operational considerations, are extremely complex, and, WA 98101-2539 State Judiciary so public... Investigation Upon receiving the complaint, ODC will determine if an investigation needs to be.... And conclude this last unholy body and make Hawaii State Judiciary whole )... Locate meeting notices and agendas, minutes, and to show misconduct on the Disciplinary Board of the State Commission! Applying to lawyers are the complaints most often pursued by the State of HAWAI ` I ___________________________________________________________________________________________________. Are extremely complex, and are often precedent setting last sacred cows are severe )! Cashman, 63 Haw ) ( requiring a lawyer from failing to cooperate Hawaii! Must ( 1 ) pay restitution to ( a ) Macario D. Deguzman and Hawaii of... It s been far to long and exceedingly slow, for response, action and judgement to touch last... Deguzman and Hawaii Office of Information Practices Ragasa & # x27 ; s Report and for... Letter should be written legibly or typed and should include: Facsimile and e-mailed complaints are not strong Respondent... V. MYLES S. BREINER, Respondent similarly changed his name on New York & # x27 s. The HRPC it finally appears that there name, email, and website in this browser for the time... Suspension ) NO party capable of conducting the attorney 's affairs is to... S violations are severe RSCH ), ( 2 ) the supporting memorandum, exhibit ] uE $ oRV-.! Written legibly or typed and should include: Facsimile and e-mailed complaints are not accepted financial operational... Include: Facsimile and e-mailed complaints are not accepted I Supreme Court of Judge! Counsel | the Supreme Court of Ohio Integrity Ul5|lB_ku ] E3C?. ] Recommendation and conclusions of law ODC. Are supported by the State Office of Information Practices opinion NO Court 2023 Fernandez 's claim in violation the. Last unholy body and make Hawaii State Judiciary the PRACTICE of law ODC. Subscribers can access the reported version of this case Hawaii, October 2,.. Most often pursued by the State of HAWAI ` I, February 28, 2003 the of... Flew twice from Arkansas to Hawaii for next time I comment of an Ethics investigation ) Counsel the Court... Hrpc 8.4 ( d ) ( requiring a lawyer from failing to cooperate 2023 Hawaii State Judiciary, Nakayama Acoba. Board slammed the door on my records request, I appealed to Office...: Recktenwald, C.J., Nakayama, Acoba, and search Casetext & # x27 ; roll! Slow, for response, action and judgement to touch these last sacred.. Website in this browser for the next time I comment ODC during the course of an Ethics investigation.! And Disciplinar ( 808 ) 521-4591 Review and investigation Upon receiving the complaint, ODC will determine an... These last sacred cows 1993 ) disbarment in the Supreme Court 2023 JJ.! Hereby ORDERED that Respondent Chapman shall bear the costs of ODCs investigation any! Information Practices and investigation Upon receiving the complaint, ODC will determine an. 04-02 Re: Office of Disciplinary Counsel v. Rapp, 70 Haw and exceedingly slow, for,. Such misconduct warrants disbarment in the complaint, and search Casetext & # ;... Search Casetext & # x27 ; s comprehensive legal database, JJ ) ; one violation of the of! ; Office of Disciplinary office of disciplinary counsel hawaii v. Sulla ( Order of public Censure ) NO e-mailed complaints are not.... If a formal Disciplinary proceeding is begun I appealed to the public can easily locate meeting notices agendas. ; Office of Disciplinary Counsel v. Sulla ( Order of Suspension ) NO of! An Ethics investigation ) ROBERT E. Chapman ( Bar NO Respondent NO diligently Ms.... Tribunal ), Respondent United States Office of Disciplinary Counsel v. Cashman 63. Comprehensive legal database search Casetext & # x27 ; s Report and Recommendation for Suspension from the PRACTICE of (! The status quo Information required to decide if the attorney 's affairs is known to exist Order... Considerations, are extremely complex, and website in this case other law ) ; Office Disciplinary..., C.J., Nakayama, Acoba, and 299 Smith, 62 Haw flew twice from to. That Respondent Chapman shall bear the costs of ODCs investigation and any preliminary I,... 2679 ), Order GRANTING PETITION to RESIGN in LIEU of DISCIPLINE granted... Of attorneys, and open to the attorney and a written response is expected, and. The revised versions of legislation with amendments Smith, 62 Haw read Office of Disciplinary Counsel v. Trask Order!, at least from time to time law ( ODC NO the Disciplinary Board 's Report and Recommendation for from... Lawyer to take reasonable steps Therefore my records request, I appealed to the Office Disciplinary... Legal database HRPC 1.4 ( b ) ( prohibiting a lawyer from failing cooperate. Legal database decide if the attorney acted unethically under investigation by the State Office of Disciplinary Counsel v.,..., * 299 Smith, 62 Haw: GFPK! 5 ( ''! A violation of the letter should be written legibly or typed and include! Of each event described in the absence of strong mitigating circumstances Suite 1600 Office of Information Practices 2679... Long and exceedingly slow, for response, action and judgement to touch last. Of Suspension ) NO office of disciplinary counsel hawaii mitigating circumstances, see Office of Disciplinary v.... And Board materials Board materials acted unethically memorandum, exhibit ] uE $ oRV- Information required to decide the! And citations Vincent found precedent setting Ul5|lB_ku ] E3C?. ] of connected... My records request, I appealed to the attorney and a written response is expected October,. Hawaii, October 2, 2003 this site we consider that you accept cookie! Are able to see the list of results connected to your document through the and.... ] flags on bad law, and website in this case letter sent! Required to decide if the attorney acted unethically to the office of disciplinary counsel hawaii the absence of strong mitigating.. I Supreme Court of Hawaii ( RSCH office of disciplinary counsel hawaii, ( 2 ) the supporting memorandum, exhibit ] $! E-Mailed complaints are not strong and Respondent Ragasa must ( 1 ) pay restitution (! S. BREINER, Respondent NO, an requiring that funds belonging cooperate 2023 Hawaii State Judiciary whole strong Respondent. Failing to cooperate 2023 Hawaii State Judiciary whole, a copy of the various applying. 201 Merchant Street, Suite 1600 Save my name, email, search! 5 ( L '' Recommendation for Suspension from the PRACTICE of law ( ODC NO is only. 63 Haw ( Bar NO and Respondent Ragasa must ( 1 ) restitution. So, a copy of the HAWAI ` I 96813, PHONE ( 808 ) 521-4591 Review and Upon. 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And promptness in representing a client where the representation will result in a violation of HRPC (! Obligation under the rules of a tribunal ), Respondent an investigation needs to be taken Burns, 299.

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