[32] RSCH Rule 2.1 Applicants from all islands are invited to apply. When a formal disciplinary hearing takes place, a Formal Hearing Officer (FHO) is appointed by the Chairperson of the Disciplinary Board[12]. HONOLULU, HAWAI`I 96813, PHONE (808) 521-4591 [26] Unethical conduct does not include every instance of inadequate representation or poor performance by an attorney. [19] No suspended or disbarred attorney is eligible for reinstatement unless he or she has reimbursed the Disciplinary Board for all costs ordered and the Lawyers Fund for claims, if any, plus interest and fulfilled all requirements of the Supreme Courts suspension or disbarment order. [4] DBR Rule 13(a) [30] DBR Rule 12(b), RSCH Rule 2.7(a) [22] The petition for reinstatement must show that the petitioner has complied with all requirements of the order of disbarment or suspension, complied with all rules, that he or she is qualified to practice law in this State and is worthy of the Courts trust and confidence. [36], Fee disputes are not usually handled by the lawyer discipline system, unless a fee appears on its face to be clearly unreasonable.[37] Instead, fee disputes are referred to the Hawai`i State Bar Association, which operates a fee mediation/arbitration service.[38]. Honolulu, Hawai`i 96813, Office of Disciplinary Counsel [4] RSCH Rule 2.3 Hawai`i Supreme Court Order of Suspension of M. Cora Avinante (June 12, 2014) PDF RULES OF THE SUPREME COURT OF THE STATE OF HAWAI I - courts.state.hi.us [21], [18] See RSCH Rule 2.17(b)(1); see also DBR Rule 30(a) 01/11/2021: Hawaii Attorney General Joins Bipartisan Push for FDA to Examine Progress in Opioid Fight. Responding to disciplinary complaints Preparing pre-trial motions Representing professionals in court We are adept at negotiating settlements of formal disciplinary actions with state and federal agencies as well as self-regulatory organizations. Disciplinary Board: Lawyer Gary V Dubin Billed Client for 30 Hours in DISCIPLINARY COUNSEL'S REPORT A second generation Hawaii lawyer, Cal earned his law degree from the University of Hawaii, William S. Richardson School of Law, where he was the class valedictorian and a member of the Hawaii Law Review Editorial Board. Hawai`i Supreme Court Order of Suspension of Chris P. Bertelmann(February 15, 2013) 01/13/2021: Hawaii Attorney General Joins 50 State Attorneys General in Condemning Attack on the U.S. Capitol. 2011 Judiciary | Attorneys - courts.state.hi.us Hawai`i Supreme Court Order of Suspension of Carolyn S. Kiyota(October 31, 2012) If you believe an attorney has violated the HRPC and acted unethically, you can file a complaint with the ODC. 1993 (April 1994) Hawai`i Supreme Court Order of Disbarment of Gary N. Morikawa(July 19, 2010) The California State Bar is a regulatory agency and the only court system in the U.S. that is dedicated to attorney discipline. 2009 [1] If it does, and no further details are needed from the complaining party, a copy of the complaint letter is sent to the lawyer against whom the complaint was filed, and he/she is asked to submit a written response. Since ODC may investigate any matter brought to its attention, a complaint is not required before an investigation is initiated. [6], [1] RSCH Rule 2.22 Eastman is expected to testify later Tuesday. Honolulu, HI Lawyer with 42 years of experience Jim Bickerton is an experienced and accomplished Hawaii Attorney. 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. TOLL-FREE (888) 206-5622, [Superseded by April 21, 2022 Amended Order of Interim Suspension], Hawaii Supreme Court Order of Reciprocal Suspension of George M. Allen, Hawaii Supreme Court Order of Suspension of Erik W. Kvam, Hawaii Supreme Court Order of Suspension of Dexter K. Kaiama, Hawaii Supreme Court Order of Suspension of Moanikeala Ruth Crowell, Hawaii Supreme Court Order Granting Petition to Resign in Lieu of Discipline of Robert E. Chapman, Disciplinary Board of the Hawaii Supreme Court Imposition of Public Reprimand on Scot S. Brower, Disciplinary Board of the Hawaii Supreme Court Imposition of Public Reprimand on Myles S. Breiner, Hawaii Supreme Court Order of Reciprocal Suspension of Gary Lee Nelson, Hawaii Supreme Court Order of Transfer to Inactive Status of Michael Henry Garbarino, Hawaii Supreme Court Order of Suspension of Craig K. Furusho, Hawaii Supreme Court Order of Disbarment of Nathan W.S. The FHO may elect to proceed singly or convene a three-person Formal Hearing Committee (FHO) which may include one non-lawyer[13]. [19] ODC may transmit the evidence to the Supreme Court. 01/21/2021: Hawaii Attorney General Joins Coalition Defending Key Provision of the Voting Rights Act. The Chairperson of the Disciplinary Board will then review the respondents affidavit to determine whether it is in proper form[7]. [7] HRPC Rule 1.2 and 1.4 201 Merchant Street, Suite 1600 Akinaka v. Disciplinary Board of the Hawai'i Supreme Court [25] RSCH Rule 2.6(b) Hawaii Lawyers - Compare Top Attorneys in Hawaii - Justia If required, we aggressively defend professionals in court. Hawai'i Supreme Court Order of Public Censure of Lawrence E. Condit (January 14, 2013) [20] See RSCH Rules 2.3(d) and 2.17(b)(4)-(5) Hawai'i Supreme Court Order of Disbarment of Mark L. Weber (April 13, 2015) [10]However, if the problem cannot be resolved, an investigation may still be undertaken, and may lead to formal disciplinary process.[11]. A separate complaint form or letter must be submitted for each attorney complained against. Dont let this happen to you. [34] RSCH Rule 2.3 The Hawai`i Rules of Professional Conduct applies to post-1993 conduct. Overview of the Hawaii Attorney Discipline System. The affidavit must include a factual description of the grounds for discipline. Complaints may be filed by any individual who feels that an attorney has acted improperly. Disciplinary board 2.5 . If the CDC determines a potential violation has been articulated, the complaint is then assigned to an ODC Investigator under the supervision of the assigned Disciplinary Counsel (i.e. The NCLDB is a national organization providing exchange of information and ideas relating to the administration, conduct and improvement of formal disciplinary proceedings among its 27 members which include the District of Columbia and the Virgin Islands. If ODC determines the imposition of discipline is unlikely, it will make a recommendation to the Disciplinary Board to dismiss the matter. [10], Once public discipline is imposed, the entire record in the disciplinary case is available for public inspection. 201 Merchant Street, Suite 1600 Hawai`i Supreme Court Order of Public Censure of Emmanuel G. Guerrero(June 22, 2012) Wong, Hawai`i Supreme Court Order of Suspension of Wevley William Shea, Disciplinary Board of the Hawai`i Supreme Court Public Order of Discipline for Everett Walton, Hawai`i Supreme Court Order Allowing Resignation in Lieu of Discipline of Ronald D.S. [7] The summaries provide guidance regarding the type of unprofessional conduct which may result in a private informal admonition. Attorneys subject to a pending disciplinary investigation or formal proceeding may resign in lieu of discipline or consent to disbarment by delivering to the Board an affidavit complying with RSCH 2.14(a). Decision Not to Investigate [24] DBR Rule 12(a), RSCH Rule 2.6(b)(1) [8] In these cases, ODC may contact the attorney and client to determine whether the problem can be resolved. 449, 452 (1978). Lau, Hawai`i Supreme Court Order of Public Discipline for Steve H. Cedillos, Hawai`i Supreme Court Order of Reinstatement of Gary A. Modafferi, Hawai`i Supreme Court Order of Reinstatement of Thomas R. LePage, Hawai`i Supreme Court Order Allowing Resignation In Lieu of Discipline for Nathan R. Brenner, Hawai`i Supreme Court Order Allowing Resignation In Lieu of Discipline for Curtis T. Narimatsu, Hawai`i Supreme Court Order of Disbarment of Gary N. Morikawa, Hawai`i Supreme Court Orders Immediate Suspension from the Practice Of Law for Steven B. Songstad, Hawai`i Supreme Court Order Allowing Resignation In Lieu of Discipline for Barbara Lee Melvin. Hawai'i Supreme Court Order re Derwin Hayashi Completed Condisions of Suspension Order (September 9, 2014) http://www.courts.state.hi.us/docs/court_rules/pdf/2013/2013_hrpc_ada.pdf, Hawai'i Supreme Court Order of Suspension of Kendal A. Luke (February 17, 2017), Hawai'i Supreme Court Order of Suspension of Robert Sibilia (February 17, 2017), Hawaii Supreme Court Order of Reinstatement of William T. Martinez (January 5, 2017), Hawaii Supreme Court Order of Reinstatement of Thomas Alfred Landry (January 23, 2017). [20], Attorneys who resigned with disciplinary charges pending are deemed disbarred for all purposes, including reinstatement. [6] For example, a client may complain that his or her attorney has not provided sufficient information regarding a pending legal matter. At the conclusion of the investigation ODC may recommend to the Board member assigned to review the investigation that the matter be: (1) dismissed with a finding of no unethical conduct or that a finding of unethical conduct is not supported by clear and convincing evidence; (2) dismissed for any other reason; (3) private informal admonition; or (4) that formal charges be commenced. The professional may be asked to submit a copy of their records in the said matter. All rights reserved. James Stone. Hawai`i Supreme Court Order Allowing Resignation in Lieu of Discipline of Dennis D. Nishimura(January 17, 2012) Hawai`i Supreme Court Order of Disbarment of Steven B. Songstad(April 17, 2013) Hawai`i Supreme Court Order of Public Censure of B. Ladd M. Ueoka(September 14, 2011) To find out an attorneys status, visit Hawai`i State Bar Association and search that particular attorney by name. 417 S. King Street, Room 206A, Honolulu, HI 96813-2943. Legal Ethics Advice for Hawai`i Lawyers - DISCIPLINARY BOARD [27] RSCH Rule 2.24 (d) For a full list of license status explanations,click here. Please refer to our sample complaint form and instructions for submitting a complaint. Judge Hayashi is in her third three year term on Hawai`is Disciplinary Board and has served as Secretary and Vice-Chair. [15], An attorney suspended for one year or less may seek reinstatement by filing an affidavit with the Supreme Court. [4], An investigation will normally commence where well-stated facts (and not conclusory accusations) raised in the complaint,if assumed to be true, are sufficient to raise the potential for a finding of ethical misconduct. Hawai`i Supreme Court Order of Suspension for Carrie M. Yonemori(December 23, 2010) DISCIPLINARY BOARD OF THE HAWAI`I SUPREME COURT 2023. Upon completion of a formal disciplinary hearing, a written report[16] is prepared by the FHO/FHC for review by the Disciplinary Board. The ODC was created in 1974 by the Hawai`i Supreme Court to conduct investigations and prosecute complaints where a Hawai`i lawyer is alleged to have violated the Hawai`i ethics rules then in effect and as subsequently enacted. Hawai`i Supreme Court Order Allowing Resignation in Lieu of Discipline of Eadean M. Buffington (July 7, 2014) 2023 Hawaii State Judiciary. [4], The identity of a privately-disciplined attorney cannot be revealed by the Disciplinary Board or the ODC. In addition to completing the complaint form or your own written complaint, you should provide copies (not originals) of as many of the following items listed below as possible: DO NOT PROVIDE ORIGINAL DOCUMENTS. Limited admission of United States Uniformed Services spouse-attorneys (a) Eligibility (b) Practice requirements (c) Term Limitation; Extensions (d) Duties upon termination of the license (e) Discipline; Dues Rule 2. 2014 Annual Report The Hawai`i Supreme Court has amended the Hawai`i Rules of Professional Conduct effective January 1, 2014. Read More Contact Now View Website View Profile Email Lawyer PREMIUM James Stone For more search options, including the ability to search for certified specialists or other practice characteristics, try Advanced Search . Hawai`i Supreme Court Order of Public Reprimand of Graham D. Mottola(December 11, 2012) 9.3 for a list of mitigating factors, In addition to its authority to impose a private reprimand, the Disciplinary Board may, in more serious cases, sanction an attorney with a public reprimand with the consent of ODC and the respondent. Disciplinary Board and costs assessed against disciplined Respondents[2]. [15] RSCH Rule 2.17(a) Disciplinary Board of the Hawai`i Supreme Court Order of Public Reprimand of Gerald T. Johnson(June 28, 2012) [3] Where sanctions are imposed by the full Disciplinary Board, it is considered a more serious sanction than a private informal admonition imposed by the ODC; thus early settlement is encouraged. ODC will generally send a copy of the complaint to the lawyer (even though no response is required) to inform the lawyer of the complainants concerns. HONOLULU, HAWAI`I 96813, PHONE (808) 521-4591 [12] DBR Rule 13 Disciplinary Board Hawaii Attorney Disciplinary Process | Hawaii Office of Disciplinary [33] See RSCH Rule 2.3(c) Types of discipline 2.4. 51 | Casetext Search + Citator Opinion Summaries Case details Case Details Full title: KENZO AKINAKA, Plaintiff-Appellant, vs. DISCIPLINARY BOARD OF THE HAWAI`I Court: Supreme Court of Hawaii Date published: Jun 30, 1999 Citations Copy Citations 91 Haw. Experience in applying the Hawai'i Rules of Professional Conduct or other attorney ethics rules is desired, but not required. 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. Number 47: Cost to Client for Use of a Contract Attorney Number 48: Public Defender Imputed Disqualification Number 49: Deleted, superseded by HRPC 1.2 (d) [amended 10/20/2015] [1] RSCH Rule 2.4 (e) (7); DBR Rule 3 (c); DBR Rule 8 (b) INFORMAL OPINIONS Informal oral opinions may be rendered by ODC. Please note that ignoring the concerned agencys or organizations request for information, documents or records will attract a hefty penalty. Contact a reputed attorney for Professional Disciplinary Actions in Hawaii today. Law Practice Self-Assessment, LOCATION The complaint form or letter must be signed and the original must be mailed or delivered to: Office of Disciplinary Counsel The attorneys who have the "License Status" of "Suspended-Discipline", "Disbarred", or "Resign-Discipline" after their name were publicly disciplined and are not authorized to practice law until such time as they are restored to active status. Finding an affordable attorney seems impossible. Akinaka v. Disciplinary Board :: 1999 :: Supreme Court of Hawaii The number of attorneys in the law firm involved in your complaint. Hawai`i Supreme Court Amended Order of Transfer to Inactive Status of James H. Fosbinder (September 12, 2014) [43] RSCH Rule 2.7(b); DBR Rule 31(b) An Equal Employment Opportunity Employer. Lawyer Serving Aiea, HI. The Office of Disciplinary Counsel is an administrative arm of the Disciplinary Board of the Hawai'i Supreme Court. Honolulu, Hawai`i 96813, Office of Disciplinary Counsel Under the Supreme Court Rules, ODC cannot reveal an attorneys non-public disciplinary history. Attorneys who have the License Status of Suspended-Discipline, Disbarred, or Resign-Discipline after their name are NOT authorized to practice law for disciplinary reasons, and may not practice law until such time as they are restored to active status[1]. ODC may only reveal whether an attorney has a record of public discipline. [14], [9] RSCH Rules 2.3(a)(4), 2.7(d); see also DBR Rules 3(c), 3(aa), 3(bb) and 27 Hawai'i Supreme Court Order of Suspension of Robert Sibilia (February 17, 2017) Dominique Tansley. HONOLULU - The Nominating Committee of the Hawaii Supreme Court is seeking to fill four attorney and two non-attorney positions on the Disciplinary Board of the Hawaii Supreme Court. Because a Board-imposed private informal admonition or private reprimand are imposed by the full Disciplinary Board, these sanctions are considered a more serious sanction than a private informal admonition imposed by the ODC. NOTE: Due to technical limitations, this search cannot handle extended characters. [12]In such situations, with the concession of the Board, the complainant is informed of the determination in writing and the matter is closed. Kailua, HI 96734. [28] Established procedures are followed in the review of every complaint received. [47], If ODC determines the imposition of discipline is unlikely, it will make a recommendation to the Disciplinary Board to dismiss the matter.[48]. [18], In addition, at any time during an ethics investigation or formal disciplinary proceeding, ODC may pursue an interim suspension of the respondent if ODC receives sufficient evidence demonstrating that an attorney is committing ongoing violations of the HRPC and poses a substantial threat of serious harm to the public.