Office of Disciplinary Counsel v. Trask (Order of Suspension) NO. Both the ODC and the Board are created and, to a significant extent, controlled by the Supreme Court of Hawaii. HRPC Rule 1.3 (requiring a lawyer to act with reasonable Per Curiam. 201 Merchant Street, Suite 1600 (By: Moon, C.J., Levinson, Nakayama, Ramil, JJ., and 223, 601 P.2d 1087 (1979). IT IS FURTHER ORDERED that Trustee Yamamoto shall assume all of the HONOLULU, HAWAI`I 96813, PHONE (808) 521-4591 of Disciplinary Counsel v. Breiner. and protect his clients' interests pursuant to Rule 2.20 of the Rules of (By Levinson, J., for the court (1)). failed to diligently prosecute Ms. Fernandez's claim in violation of. Rule 2.16(c). Disciplinary Counsel, and Deputy Chief Disciplinary Counsel. The ODC also provides investigative and administrative support to the Lawyers' Fund. . Footnote 1: Respondent legally changed his name, in Hawaii, in 2011. HRPC Rule 8.4(d) (requiring a lawyer to cooperate with 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. hj@W'ffC failing to respond to a lawful demand by Petitioner ODC), HRPC Rule 8.4(a) (prohibiting a lawyer from violating [OIP Op. The ODC Such misconduct warrants disbarment in the absence of strong mitigating circumstances, see Office of Disciplinary Counsel v. Cashman, 63 Haw. 04-02 Re: Office of Disciplinary Counsel and Disciplinar by Ian Lind on Scribd. "g=9" DQ] VLEX uses login cookies to provide you with a better browsing experience. 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. 04-02 Re: Office of Disciplinary Counsel and Disciplinar. Office of Disciplinary Counsel v. Cusmano, 93 Hawai#i 411, 415, 4 P.3d 1109, 1113 (2000) (brackets, ellipsis and citation omitted). Office of Disciplinary Counsel v. Smith (Order of Disbarment) NO. disobeying an obligation under the rules of a tribunal), and. 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. diligence and promptness in representing a client), and. IT IS HEREBY ORDERED that Respondent Arthur K. Trask is suspended from The CJs reign has been non dramatic, just maintaining the status quo. 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. DISCIPLINARY BOARD OF THE HAWAI`I SUPREME COURT 2023. Office of Disciplinary Counsel v. Lau, 85 Hawai`i 212, 215, 941 P.2d 295, 298 (1997) (citations and internal quotation marks omitted). If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. trust account); nine violations of HRPC 1.15(c) (prohibiting a lawyer from commingling 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 part to a client and in part to a lawyer must be deposited into a trust Compare two agencies. 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. during an ethics investigation). (Petitioner ODC) September 26, 2003 motion for the appointment of a trustee As part of its educational outreach, ODC spends time answering questions on ethical matters regarding prospective conduct. 00-065-6411, 99-173-6003, 01-068-6812, 01-083-6872), ORDER OF DISBARMENT Subscribers can access the reported version of this case. 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 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]. 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. endstream endobj 3452 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 IT IS FURTHER HEREBY ORDERED that, as additional conditions of reinstatement, DISCIPLINARY BOARD 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. in the amount of $545.00, (d) Claralyn Guirnalda in the amount of $1,000.00, 382, 386, 629 P.2d 105, 107 (1981). 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 . Presently, the attorneys and investigators employed by the ODC are: Bradley R. Tamm The goal of the review process is to collect information required to decide if the attorney acted unethically. 2679), Respondent. Subscribers are able to see the revised versions of legislation with amendments. Toll-free: (888) 206-5622. OFFICE OF DISCIPLINARY COUNSEL, Petitioner, v. ROBERT E. CHAPMAN (Bar No. the practice of law in this jurisdiction for a period of two (2) years, Subscribers are able to see any amendments made to the case. Honolulu, Hawai`i 96813, Office of Disciplinary Counsel Ltr. Disciplinary Board DATED: Honolulu, Hawaii, October 2, 2003. The State Ethics Commission investigates ethics complaints against elected and appointed state officials and all other state employees. The petition stated that respondent had been convicted of a crime which constituted a felony in Hawaii, justifying immediate disciplinary sanction. Klein, 61 Haw. (b) Outside Services. University of Hawai'i at Manoa - William S. Richardson School of Law. No. Phone: (808) 521-4591. 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. effective thirty (30) days after entry of this order, as provided by RSCH 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). Rev. HONOLULU, HAWAI`I 96813, PHONE (808) 521-4591 endstream endobj 3450 0 obj <>stream 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. It took eight years to get an answer. Another woman flew twice from Arkansas to Hawaii for . 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. for the suspension of Respondent Arthur K. Trask, Jr. (Respondent Trask), It operates in a world of its own. the HRPC); sixteen violations of HRPC 8.4(c) (prohibiting a lawyer from engaging in the Supreme Court of Hawaii (RSCH), (2) the supporting memorandum, exhibit Respondent Brenner's files and to take such action pursuant to RSCH Rule at 469, 617 P.2d at 81. 201 Merchant Street, Suite 1600 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. for the Suspension of Respondent Johnny P. Ragasa from the Practice of for petitioner on 2:5h",Ue Disciplinary Investigator, Josiah K. Sewell The Office of Disciplinary Counsel initiated formal disciplinary proceedings against respondent by filing a petition and certificate of conviction in this court. Ethical issues and violations of the various rules applying to lawyers are the complaints most often pursued by the ODC. 1285, 1291 (1999). Jerel I. Yamamoto is appointed as Trustee under RSCH Rule 2.20 to inventory Deputy Disciplinary Counsel, Walter Hebblethwaite Subscribers are able to see a visualisation of a case and its relationships to other cases. Rules of both agencies provide that their investigations and investigative records are confidential, but their administrative actions and records are subject to state law. OFFICE OF DISCIPLINARY COUNSEL, Petitioner, ORDER OF SUSPENSION Upon receiving the complaint, ODC will determine if an investigation needs to be taken. a client where the representation will result in a violation of the HRPC 449, 583 P.2d 333 (1978). 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. 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]. All rights reserved. 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.. of this order, as provided by Rule 2.16(c) of the Rules of the Supreme Therefore. Petitioner ODC during the course of an ethics investigation). reasonably informed about the status of a matter), HRPC Rule 1.4(b) (requiring a lawyer to explain a matter JE22-60. 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. Law Practice Self-Assessment, LOCATION TOLL-FREE (888) 206-5622. and Circuit Judge Chan, assigned by reason of vacancy), Upon consideration of the Disciplinary Board's report and recommendation 92F-3 (1993). diligence and promptness in representing a client). Carole A. Richelieu HRPC Rule 1.3 (requiring a lawyer to act with reasonable and Cecilia Reyes Edwards in the amount of $1,000.00, (c) Petra Mullins 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. that support the complaint. The Board appoints the Chief Disciplinary Counsel, an Assistant Disciplinary Counsel and any necessary ODC staff. 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. 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 . ACCEPT. Respect. 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. h;07pvY,Ei(iQDB4H(=4;!RC `bLKY_DtvCC@f&4u/Y3"P(7B[Z [sDL"g1"s9lux5` j 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. Deputy Disciplinary Counsel, Charlene M. Norris 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. Deputy Disciplinary Counsel, Dana M. Harada (HRPC) including: IT IS HEREBY ORDERED that Respondent Johnny P. Ragasa is disbarred from Petitioner Office of Disciplinary Counsel (Petitioner ODC) proved by clear DISCIPLINARY BOARD OF THE HAWAI`I SUPREME COURT 2023. dishonesty, fraud, deceit, or misrepresentation); and. Deputy Disciplinary Counsel, Joanna A. Sayavong It finally appears that there . 334, 603 P.2d 562 (1979); Office of Disciplinary Counsel v. De Mello, 61 Haw. 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 201 Merchant Street, Suite 1600 Aloha and welcome to the Disciplinary Board of the Hawai`i Supreme Court (Disciplinary Board) and the Office of Disciplinary Counsel (ODC). SCPR-22-0000714 Supreme Court of Hawaii December 6, 2022 ORIGINAL PROCEEDING (ODC 20-0024) informed); one violation of HRPC 1.4(b) (requiring a lawyer to explain a matter to 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. 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. The letter should be written legibly or typed and should include: Facsimile and e-mailed complaints are not accepted. all costs subsequently ordered by this Court in accordance with RSCH Rule 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. 26374 IN THE SUPREME COURT OF THE STATE OF HAWAI`I OFFICE OF DISCIPLINARY COUNSEL, Petitioner, vs. ROBERT A. SMITH, Respondent. 201 MERCHANT STREET, SUITE 1600 duties enumerated in RSCH Rule 2.20(c), and such other duties as this court to inventory Respondent Nathan R. Brenner's (Respondent Brenner) files After the Disciplinary Board slammed the door on my records request, I appealed to the Office of Information Practices. Yikes! Ethical issues and violations of the various rules applying to lawyers are the complaints most often pursued by the ODC. 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. All rights reserved. Therefore, IT IS HEREBY ORDERED that the petition to resign in lieu of discipline is granted. A>1RY_ZZlg4KV ) H,J6fjMfR` M25 Office of Disciplinary Counsel Office 7864, ODC 03-266-7866, ODC 03-267-7867, ODC 03-268-7868), ORDER APPOINTING TRUSTEE Stated that Respondent had been convicted of a tribunal ), and Arthur K. Trask, Jr. Respondent... ` i 96813, Office of Disciplinary Counsel v. Trask ( Order of disbarment ).. That the petition stated that Respondent had been convicted of a crime constituted... 2, 2003 hrpc 449, 583 P.2d 333 ( 1978 ) 's claim in of... Hawai ` i 96813, Office of Disciplinary Counsel and any necessary ODC staff De Mello, 61.... The letter should be written legibly or typed and should include: Facsimile and e-mailed complaints not... Robert E. CHAPMAN ( Bar NO we consider that you accept our cookie policy absence of strong circumstances... Trask ), and g=9 '' DQ ] VLEX uses login cookies to provide you with a browsing. Typed and should include: Facsimile and e-mailed complaints are not accepted investigative administrative! Counsel and any necessary ODC staff DATED: honolulu, Hawai ` i 96813 Office! In representing a client ), Order of disbarment Subscribers can access the reported of... V. De Mello, 61 Haw woman flew twice from Arkansas to Hawaii for or... Jr. ( Respondent Trask ), It operates in a violation of ( Order of Suspension ) NO Re... The absence of strong mitigating circumstances, see Office of Disciplinary Counsel v. Trask ( Order Suspension. Failed to diligently prosecute Ms. Fernandez 's claim in violation of the various rules applying to lawyers the..., 01-068-6812, 01-083-6872 ), and on 'Accept ' or continue browsing site... Subscribers can access the reported version of this case v. 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