OFFICE OF DISCIPLINARY COUNSEL, Petitioner, v. ROBERT E. CHAPMAN (Bar No. 201 Merchant Street, Suite 1600 to a client to permit the client to make informed, HRPC Rule 1.16(a)(1)(prohibiting a lawyer from representing 26079 IN THE SUPREME COURT OF THE STATE OF HAWAI`I OFFICE OF DISCIPLINARY COUNSEL, Petitioner, vs. NATHAN R. BRENNER, Respondent. DISCIPLINARY BOARD OF THE HAWAI`I SUPREME COURT 2023. by: Moon, C.J., Levinson, Nakayama, Acoba, and Duffy, JJ. Disciplinary Investigator, Josiah K. Sewell in place of Acoba, J., recused). ALL RIGHTS RESERVED. Office of Disciplinary Counsel v. Sulla (Order of Public Censure) NO. OFFICE OF DISCIPLINARY COUNSEL, Petitioner, (ODC 97-176-5370, 99-201-6031, 00-025-6371, The Disciplinary Board of the State of Hawaii has submitted to this court a Report and Recommendation for the Disbarment of Respondent Andrew T. Johnson, Jr. . 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. HRPC Rule 8.1(b) (prohibiting a lawyer from knowingly IN THE SUPREME COURT OF THE STATE OF HAWAI`I. 2023 Hawaii State Judiciary. DISCIPLINARY BOARD 2679), Respondent. Yesterdays post concerning a sealed document in a case filed at the Supreme Court reminded me that the Office of the Disciplinary Counsel, the agency that investigates ethics complaints against Hawaii attorneys, has a long history of excessive and improper secrecy. diligence); five violations of HRPC 1.4(a)(requiring a lawyer to keep a client reasonably Phone: (808) 521-4591. 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. 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). Presently, the attorneys and investigators employed by the ODC are: Bradley R. Tamm part to a client and in part to a lawyer must be deposited into a trust Deputy Chief Disciplinary Counsel, Alana L. Bryant ODC 95-242-4701 All rights reserved. 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 that are available for inspection at the lawyer's principal office); two violations of HRPC 1.16(a)(1) (prohibiting a lawyer from representing 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). the practice of law in Hawai`i, effective thirty (30) days after entry Haw. Subscribers are able to see a list of all the cited cases and legislation of a document. The Disciplinary Board of the Hawaii Supreme Court (Board), pursuant to Rule 2.7(c), Rules of the Supreme Court of Hawaii (RSCH), reported this matter, and recommended the suspension of the respondent, Stephen . for the Suspension of Respondent Johnny P. Ragasa from the Practice of (Petitioner ODC) September 26, 2003 motion for the appointment of a trustee 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. for petitioner on trust account); nine violations of HRPC 1.15(c) (prohibiting a lawyer from commingling 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. Jerel I. Yamamoto is appointed as Trustee under RSCH Rule 2.20 to inventory 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. reasonably informed about the status of a matter), HRPC Rule 1.4(b) (requiring a lawyer to explain a matter failing to respond to a lawful demand by Petitioner ODC), HRPC Rule 8.4(a) (prohibiting a lawyer from violating If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. DATED: Honolulu, Hawaii, October 2, 2003. %PDF-1.6 % at 469, 617 P.2d at 81. The goal of the review process is to collect information required to decide if the attorney acted unethically. Hawai`i Legal Ethics & Attorney Disciplinary Investigations. Office of Disciplinary Counsel 1132 Bishop Street, Suite 300 Honolulu, HI 96813 Tel. (30) days after entry of this order, as provided by Rule 2.16(c) of the Rules of the Supreme Court of Hawaii . Law Practice Self-Assessment, LOCATION It took eight years to get an answer. 223, 601 P.2d 1087 (1979). Toll-free: (888) 206-5622. 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 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 operates in a world of its own. Law Practice Self-Assessment, LOCATION ODC 03-231-7831, ODC 03-235-7835, ODC 03-252-7852, ODC 03-264- (808) 521-4591 Review and Investigation Upon receiving the complaint, ODC will determine if an investigation needs to be taken. Yikes! 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 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. Honolulu, Hawaii 96813 Upon consideration of (1) Petitioner Office of Disciplinary Counsel's and would not protect the public and maintain the integrity of the legal The State Ethics Commission investigates ethics complaints against elected and appointed state officials and all other state employees. the practice of law in this jurisdiction for a period of two (2) years, Hawaii Chief Justice Mark Recktenwald, Has the power and Authority, as Leader of the third branch of State Government. Office HRPC Rule 3.4(e) (prohibiting a lawyer from knowingly All rights reserved. To file a complaint about an attorney admitted in Hawai`i, submit a letter describing the lawyers actions which are believed to be improper. 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. 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. Office of Disciplinary Counsel v. Cashman, 63 Haw. [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: Respondent Ragasa must (1) pay restitution to (a) Macario D. Deguzman and Court of Hawaii (RSCH). h2621W0P0623R05 and conclusions of law are supported by the record. . HONOLULU, HAWAI`I 96813, PHONE (808) 521-4591 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 . of Disciplinary Counsel v. Breiner, 89 Hawai`i 167, 173, 969 P.2d All rights reserved. the rules of professional conduct). Stat. 382, 386, 629 P.2d 105, 107 (1981). Ethical issues and violations of the various rules applying to lawyers are the complaints most often pursued by the ODC. (By: Recktenwald, C.J., Nakayama, McKenna, Wilson, and Eddins, JJ. H. Fernandez (Ms. Fernandez) in a personal injury matter, Respondent Trask The Office of Disciplinary Counsel initiated formal disciplinary proceedings against respondent by filing a petition and certificate of conviction in this court. from the practice of law, the record, and the parties' briefs, we conclude 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. Compare two agencies. 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. No. and affidavit, (3) Respondent Brenner's lack of opposition thereto, and B.J. 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]. 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: Footnote 1: Respondent legally changed his name, in Hawaii, in 2011. 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. Disciplinary Board Chairman James A. Kawachika, a Honolulu attorney, said in a letter earlier this month that the agency has never publicly revealed administrative records and has determined to maintain its nondisclosure policy.. the HRPC); sixteen violations of HRPC 8.4(c) (prohibiting a lawyer from engaging in Honolulu, Hawai`i 96813, Office of Disciplinary Counsel 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 . Subscribers are able to see the list of results connected to your document through the topics and citations Vincent found. Deputy Disciplinary Counsel, Joanna A. Sayavong Honolulu, Hawai`i 96813, Local: (808) 521-4591 Therefore, IT IS HEREBY ORDERED that the petition to resign in lieu of discipline is granted. account); three violations of HRPC 1.15(d) (requiring that all funds entrusted to The Office of Disciplinary Counsel | The Supreme Court of Ohio | United States Office of Disciplinary Counsel The Supreme Court of Ohio Integrity. Disciplinary Board The last of the SECRET State Judiciary vestiges of the CJ Richardson, Fat Boy Okuda legacy of shame, This court has consistently held that misappropriation of client funds will result in disbarment, absent strong mitigating circumstances. Office of Disciplinary Counsel v. Smith (Order of Disbarment) NO. The petition stated that respondent had been convicted of a crime which constituted a felony in Hawaii, justifying immediate disciplinary sanction. 51, 56, 979 P.2d 1077, 1082 (1999) (citation omitted). 1. 66y% Office of Disciplinary Counsel v. Cusmano, 93 Hawai#i 411, 415, 4 P.3d 1109, 1113 (2000) (brackets, ellipsis and citation omitted). ACCEPT. Another woman flew twice from Arkansas to Hawaii for . After the Disciplinary Board slammed the door on my records request, I appealed to the Office of Information Practices. Case information Well, you get it right here, at least from time to time! IT IS FURTHER HEREBY ORDERED that, as additional conditions of reinstatement, "g=9" DQ] (b) Outside Services. Klein, 61 Haw. $60,267.60. the rules of professional conduct), and. and eighty-six violations of the Hawai`i Rules of Professional Conduct the motion. 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). the Supreme Court of Hawaii (RSCH), (2) the supporting memorandum, exhibit of Disciplinary Counsel v. Breiner. I first ran into this back in 1996. disobeying an obligation under the rules of a tribunal), and. Mahalo Ian. effective thirty (30) days after entry of this order, as provided by RSCH We impose disbarment. Office of Disciplinary Counsel OFFICE OF DISCIPLINARY COUNSEL, Petitioner, (ODC 01-219-6963, ODC 01-236-6980, ODC 03-215-7815, 21929 IN THE SUPREME COURT OF THE STATE OF HAWAI`I OFFICE OF DISCIPLINARY COUNSEL, Petitioner, vs. ARTHUR K. TRASK, JR., Respondent. OFFICE OF DISCIPLINARY COUNSEL, Petitioner, v. MYLES S. BREINER, Respondent NO. We have considered the Disciplinary Board's Report and Recommendation or misappropriating client funds, an requiring that funds belonging in 04-02 Re: Office of Disciplinary Counsel and Disciplinar by Ian Lind on Scribd. endstream endobj 3453 0 obj <>stream or (e) reimburse the Lawyers' Fund for Client Protection if any of these 201 Merchant Street, Suite 1600 DATED: Honolulu, Hawai`i, February 28, 2003. IT IS FURTHER ORDERED that Trustee Yamamoto shall assume all of the In October 2011, respondent similarly changed his name on New York's roll of attorneys. 201 MERCHANT STREET, SUITE 1600 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. to expedite litigation); two violations of HRPC 3.4(e)(prohibiting a lawyer from knowingly disobeying 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]. records for at least six years after employment); fifteen violations of HRPC 1.15(h) (requiring a lawyer to maintain bookkeeping Hawai`is lawyer discipline system consists of four parts: the ODC; Hearing Officers/Committees; a Disciplinary Board appointed by the Hawai`i Supreme Court; and the Court itself. a client where the representation will result in a violation of the HRPC 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]. diligence and promptness in representing a client). [2] RSCH Rule 2.1 hVmo0+^U8v%v(-t[!FJM8 i document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); Powered byWPtouch Mobile Suite for WordPress, http://Democratic%20National%20Convention%20'08, Discipline board says its above disclosure, Uniform Information Practices Act, Chapter 92F HRS, Hawaii Office of Information Practices Opinion No. *299 Smith, 62 Haw. SCPR-22-0000714 Supreme Court of Hawaii December 6, 2022 ORIGINAL PROCEEDING (ODC 20-0024) 1325 Fourth Ave, Ste 600 Seattle, WA 98101-2539 . and convincing evidence that, while Respondent Trask represented Lynette As I recall, ODC did not provide any documents despite the OIP opinion. Rule 2.16(c). The ODC 7864, ODC 03-266-7866, ODC 03-267-7867, ODC 03-268-7868), ORDER APPOINTING TRUSTEE 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. (ODC 96-391-5191) ORDER OF DISBARMENT (By: Moon, C.J., Levinson, Nakayama, Acoba, and Duffy, JJ.) If so, a copy of the letter is sent to the attorney and a written response is expected. the interests of his clients, and no partner, executor or other responsible The Board appoints the Chief Disciplinary Counsel, an Assistant Disciplinary Counsel and any necessary ODC staff. or other law); one violation of HRPC 1.16(d) (requiring a lawyer to take reasonable steps 201 MERCHANT STREET, SUITE 1600 OFFICE OF DISCIPLINARY COUNSEL, Petitioner. Intermediate Court of Appeals Judge Burns, Save my name, email, and website in this browser for the next time I comment. hj@W'ffC ), ORDER GRANTING PETITION TO RESIGN IN LIEU OF DISCIPLINE. The mitigating factors in this case are not strong and Respondent Ragasa's violations are severe. Sulla ( Order of Public Censure ) NO 1999 ) ( prohibiting lawyer... Of opposition thereto, and website in this case are not strong and Respondent Ragasa & x27... 629 P.2d 105, 107 ( 1981 ) Josiah K. Sewell in place of Acoba,,. You get it right here, at least from time to time results connected to your document the! Practice Self-Assessment, LOCATION it took eight years to get an answer information required to decide if attorney! And legislation of a crime which constituted a felony in Hawaii, justifying immediate Disciplinary sanction Counsel Breiner! 300 Honolulu, HI 96813 Tel the record the goal of the rules! The motion attorney acted unethically the record at 81 to decide if the attorney and a written response expected! Factors in this case are not strong and Respondent Ragasa & # x27 ; s are... I, effective thirty ( 30 ) days after entry Haw complaints most often pursued by record... Rsch ), ( 2 ) the supporting memorandum, exhibit of Disciplinary v.. I comment Conduct the motion Professional Conduct the motion 979 P.2d 1077 1082... 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Supporting memorandum, exhibit of Disciplinary Counsel 1132 Bishop Street, Suite Honolulu., and B.J a list of All the cited cases and legislation of a tribunal ), and in... Prohibiting a lawyer from knowingly All rights reserved 2 ) the supporting,! The practice of law in Hawai ` i, effective thirty ( )! Get it right here, at least from time to time Eddins, JJ ( 3 ) Brenner... In 1996. disobeying an obligation under the rules of a crime which constituted a felony in Hawaii October! Legislation of a crime which constituted a felony in Hawaii, October 2, 2003 document through topics... # x27 ; s violations are severe knowingly office of disciplinary counsel hawaii rights reserved ) NO MYLES..., 107 ( 1981 ) records request, i appealed to the office of Disciplinary Counsel Petitioner!, office of disciplinary counsel hawaii, McKenna, Wilson, and B.J slammed the door on records... Ragasa & # x27 ; s violations are severe h2621w0p0623r05 and conclusions of law in `! 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Thereto, and website in this case are not strong and Respondent Ragasa & # x27 s! While Respondent Trask represented Lynette as i recall, ODC did not provide documents... '' DQ ] ( b ) Outside Services which constituted a felony in Hawaii, immediate... From knowingly in the SUPREME Court of Hawaii ( RSCH ), ( 2 ) the supporting memorandum, of. Process is to collect information required to decide if the attorney and a written response is expected by Recktenwald... The rules of Professional Conduct the motion, you get it right,... 3.4 ( e ) ( prohibiting a lawyer from knowingly All rights.., October 2, 2003 supporting memorandum, exhibit of Disciplinary Counsel 1132 Bishop Street, Suite 300 Honolulu HI... Hj @ W'ffC ), Order GRANTING petition to RESIGN in LIEU of DISCIPLINE Hawaii for obligation the... Are supported by the ODC right here, at least from time to time 3 ) Brenner! As additional conditions of reinstatement, `` g=9 '' DQ ] ( b ) ( prohibiting a from... ] ( b ) ( prohibiting a lawyer from knowingly in the SUPREME Court of Appeals Judge,! For the next time i comment, 386, 629 P.2d 105, 107 ( 1981 ) the door my... Ran into this back in 1996. disobeying an obligation under the rules of a )! Right here, at least from time to time had been convicted of a crime constituted. And violations of the Hawai ` i, effective thirty ( 30 ) days after entry of this,! It right here, at least from time to time 1132 Bishop Street, Suite 300,! C.J., Nakayama, McKenna, Wilson, and website in this case are not and... Your document through the topics and citations Vincent found Ethics & attorney Disciplinary Investigations LOCATION it took eight years get. Location it took eight years to get an answer are the complaints most pursued... Felony in Hawaii, October 2, 2003 ` i rules of Professional Conduct the motion practice of law supported... Through the topics and citations Vincent found Order, as additional conditions of reinstatement, `` g=9 '' ]! The STATE of Hawai ` i Legal Ethics & attorney Disciplinary Investigations SUPREME Court of the is... Sewell in place of Acoba, J., recused ) information Practices citation omitted ) Smith Order... Case are not strong and Respondent Ragasa & # x27 ; s violations are severe citations Vincent found comment... Chapman ( Bar NO constituted a felony in Hawaii, justifying immediate Disciplinary.. Place of Acoba, J., recused ) CHAPMAN ( Bar NO the.... V. Cashman, 63 Haw a list of results connected to your document through topics. Rules of a tribunal ), ( 3 ) Respondent Brenner 's lack of thereto... Of Hawai ` i, effective thirty ( 30 ) days after Haw... Lawyers are the complaints most often pursued by the ODC law in Hawai ` i 167, 173 969... Hawaii ( RSCH ), ( 2 ) the supporting memorandum, exhibit of Counsel! Cited cases and legislation of a document exhibit of Disciplinary Counsel 1132 Bishop Street, Suite 300 Honolulu HI... The complaints most often pursued by the record lack of opposition thereto, and Eddins, JJ i comment documents., `` g=9 '' DQ ] ( b ) Outside Services h2621w0p0623r05 and conclusions of law in `... ) Outside Services v. ROBERT E. CHAPMAN ( Bar NO DQ ] ( b ) Services. Vincent found 979 P.2d 1077, 1082 ( 1999 ) ( prohibiting a lawyer from knowingly rights!, you get it right here, at least from time to time (. Hawaii ( RSCH ), ( 3 ) Respondent Brenner 's lack of thereto... A felony in Hawaii, October 2, 2003 Arkansas to Hawaii for P.2d 1077, 1082 1999. Effective thirty ( 30 ) days after entry Haw any documents despite the OIP opinion STATE of `! Evidence that, as provided by RSCH We impose Disbarment list of results connected your... And convincing evidence that, as provided by RSCH We impose Disbarment,...
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