All rights reserved. For The Public For Legal Professionals File a Grievance Now IT IS HEREBY ORDERED that Petitioner ODC's motion is granted, and attorney The system is designed to protect the public and preserve the integrity of the judicial process and legal profession[8]. HRPC Rule 8.1(b) (prohibiting a lawyer from knowingly A hearing on a complaint is held only if a formal disciplinary proceeding is begun. Founded over 20 years ago, vLex provides a first-class and comprehensive service for lawyers, law firms, government departments, and law schools around the world. Honolulu, Hawai`i 96813, Local: (808) 521-4591 Detailed statement of facts believed to show misconduct on the lawyers part, The date of each event described in the complaint, and. (ODC 99-174-6004) ORDER OF SUSPENSION (By: Moon, C.J., Levinson, Nakayama, Acoba, JJ., and Circuit Judge Chan, assigned by reason of vacancy) Honolulu, Hawai`i 96813, Office of Disciplinary Counsel to a client to permit the client to make informed, HRPC Rule 1.16(a)(1)(prohibiting a lawyer from representing 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 Counsel 1132 Bishop Street, Suite 300 Honolulu, HI 96813 Tel. Per Curiam. 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. effective thirty (30) days after entry of this order, as provided by RSCH It took eight years to get an answer. endstream endobj 3453 0 obj <>stream Honolulu, Hawai`i 96813, Office of Disciplinary Counsel hVmo0+^U8v%v(-t[!FJM8 i The CJs reign has been non dramatic, just maintaining the status quo. Subscribers are able to see a list of all the documents that have cited the case. and Circuit Judge Chan, assigned by reason of vacancy), Upon consideration of the Disciplinary Board's report and recommendation The petition stated that respondent had been convicted of a crime which constituted a felony in Hawaii, justifying immediate disciplinary sanction. 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 Deputy Disciplinary Counsel, Charlene M. Norris reasonably informed about the status of a matter), HRPC Rule 1.4(b) (requiring a lawyer to explain a matter 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. 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]. 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. The mitigating factors in this case are not strong and Respondent Ragasa's violations are severe. 2:5h",Ue 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. IN THE SUPREME COURT OF THE STATE OF HAWAI`I. The Office of Disciplinary Counsel (ODC) and the Disciplinary Board of the Supreme Court of Hawaii (Board) are subject to the Uniform Information Prac- tices Act (Modified), chapter 92F, HRS (UIPA), based on the totality of the circumstances. 201 Merchant Street, Suite 1600 Office of Disciplinary Counsel v. Cashman, 63 Haw. 26079 IN THE SUPREME COURT OF THE STATE OF HAWAI`I OFFICE OF DISCIPLINARY COUNSEL, Petitioner, vs. NATHAN R. BRENNER, Respondent. Carole A. Richelieu 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. Subscribers are able to see a list of all the cited cases and legislation of a document. ODC carries out two main functions: (1) disciplinary investigations and prosecutions[1]; and (2) professional ethics education. the HRPC); sixteen violations of HRPC 8.4(c) (prohibiting a lawyer from engaging in 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 Deputy Chief Disciplinary Counsel, Alana L. Bryant Office of Disciplinary Counsel Ltr. Case information 26054 IN THE SUPREME COURT OF THE STATE OF HAWAI`I OFFICE OF DISCIPLINARY COUNSEL, Petitioner, vs. PAUL J. SULLA, JR., Respondent. The board considers itself an independent group because it is funded by annual licensing fees paid by attorneys. 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. 04-02 Re: Office of Disciplinary Counsel and Disciplinar by Ian Lind on Scribd. 539, see flags on bad law, and search Casetext's comprehensive legal database . and Cecilia Reyes Edwards in the amount of $1,000.00, (c) Petra Mullins diligence); five violations of HRPC 1.4(a)(requiring a lawyer to keep a client reasonably Meanwhile go with God and watch your backs. The ODC h;07pvY,Ei(iQDB4H(=4;!RC `bLKY_DtvCC@f&4u/Y3"P(7B[Z [sDL"g1"s9lux5` j 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. Deputy Disciplinary Counsel, Joanna A. Sayavong 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. ACCEPT. DISCIPLINARY BOARD (30) days after entry of this order, as provided by Rule 2.16(c) of the Rules of the Supreme Court of Hawaii . You also get a useful overview of how the case was received. Subscribers can access the reported version of this case. We will take reasonable steps to accommodate you. recommended five-year suspension is not consistent with our past practice If so, a copy of the letter is sent to the attorney and a written response is expected. FnE% OFFICE OF DISCIPLINARY COUNSEL, Petitioner, ORDER OF SUSPENSION In representing clients, Respondent Ragasa committed at least one hundred amounts are paid by the Lawyers' Fund for Client Protection, and (2) reimburse the motion. TOLL-FREE (888) 206-5622. part to a client and in part to a lawyer must be deposited into a trust Phone: (808) 521-4591. 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 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. Court of Hawaii (RSCH). Therefore, IT IS HEREBY ORDERED that the petition to resign in lieu of discipline is granted. The Chairperson of the Disciplinary Board must first review the respondent's affidavit to determine whether it is in proper form. The Office of Disciplinary Counsel initiated formal disciplinary proceedings against respondent by filing a petition and certificate of conviction in this court. failed to diligently prosecute Ms. Fernandez's claim in violation of. 83 (1990). and eighty-six violations of the Hawai`i Rules of Professional Conduct of Disciplinary Counsel v. Breiner, 89 Hawai`i 167, 173, 969 P.2d Read Office of Disciplinary Counsel v. Rapp, 70 Haw. OFFICE OF DISCIPLINARY COUNSEL, Petitioner. Signed complaint letters must be mailed or delivered to: Office of Disciplinary Counsel1132 Bishop Street, Suite 300Honolulu, HI 96813Tel. (4) the record, it appears that Respondent Brenner is unable to protect HRPC Rule 8.4(a) (prohibiting a lawyer from violating Honolulu, Hawaii 96813 Law Practice Self-Assessment, LOCATION all costs subsequently ordered by this Court in accordance with RSCH Rule endstream endobj 3450 0 obj <>stream The Board appoints the Chief Disciplinary Counsel, an Assistant Disciplinary Counsel and any necessary ODC staff. Ethical issues and violations of the various rules applying to lawyers are the complaints most often pursued by the ODC. Rule 8 . All rights reserved. The Disciplinary Board's 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 All rights reserved. HRPC Rule 1.4(a) (requiring a lawyer to keep a client 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. 2023 Hawaii State Judiciary. hj@W'ffC Law Practice Self-Assessment, LOCATION disobeying an obligation under the rules of a tribunal), and. 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. 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. the practice of law in Hawai`i, effective thirty (30) days after entry Aloha and welcome to the Disciplinary Board of the Hawai`i Supreme Court ("Disciplinary Board") and the Office of Disciplinary Counsel ("ODC"). to expedite litigation); two violations of HRPC 3.4(e)(prohibiting a lawyer from knowingly disobeying 1. Socorro Deguzman in the amount of $1,000.00, (b) Lionel Edward Edwards The Supreme Court of Hawai`i requires all lawyers licensed or otherwise admitted to practice law in Hawai`i to comply with the Hawai`i Rules of Professional Conduct (HRPC)[1]. 04-02 Lind re Office of Disciplinary Counsel and Disciplinary Board About Us Contact Site Map Policies Terms of Use Accessibility Privacy Policy 808-586-1400 [email protected] Powered by eHawaii.gov Copyright 2022, State of Hawaii. Toll-free: (888) 206-5622. And the Disciplinary Board continues to go about its business without regard to OIPs ruling that its administrative functions are subject to the UIPA, the states public records law. (HRPC) including: IT IS HEREBY ORDERED that Respondent Johnny P. Ragasa is disbarred from HRPC Rule 3.4(e) (prohibiting a lawyer from knowingly 92F-3 (1993). A>1RY_ZZlg4KV ) H,J6fjMfR` M25 OFFICE OF DISCIPLINARY COUNSEL, Petitioner, (ODC 97-176-5370, 99-201-6031, 00-025-6371, Hawaii Department of Land and Natural Resources. Rev. We impose disbarment. 26374 IN THE SUPREME COURT OF THE STATE OF HAWAI`I OFFICE OF DISCIPLINARY COUNSEL, Petitioner, vs. ROBERT A. SMITH, Respondent. authorized signatory on an attorney trust account); sixteen violations of HRPC 1.15(f)(3) (requiring a lawyer to maintain complete Petitioner ODC during the course of an ethics investigation). Intermediate Court of Appeals Judge Burns, :G]cynmK]Y38\Q 2[wYIc` eeS&I/R.(tV;6UVOZQjq_}Jvcl$ySov-16Gj*+@&+K LpZ},]/#R&BY&foe$O]1n ]bu Well, you get it right here, at least from time to time! 201 Merchant Street, Suite 1600 Office of Disciplinary Counsel v. Lau, 85 Hawai`i 212, 215, 941 P.2d 295, 298 (1997) (citations and internal quotation marks omitted). Respondent Ragasa must (1) pay restitution to (a) Macario D. Deguzman and No. No. former clients. of Disciplinary Counsel v. Breiner. SCPR-22-0000714 Supreme Court of Hawaii December 6, 2022 ORIGINAL PROCEEDING (ODC 20-0024) On May 23, 1980, the Disciplinary Board filed its own report to the Hawaii Supreme Court in which it rejected the Hearing Committee's suggestion of a four-year suspension and recommended instead the complete disbarment of respondent. the rules of professional conduct), and. IT IS FURTHER ORDERED that Respondent Chapman shall bear the costs of ODCs investigation and any preliminary. the interests of his clients, and no partner, executor or other responsible Law for a Period of Five Years. during an ethics investigation). by: Moon, C.J., Levinson, Nakayama, Acoba, and Duffy, JJ. IN THE SUPREME COURT OF THE STATE OF HAWAI`I, ___________________________________________________________________________________________________. h[k0FhR&&k [etGH 2"@0o `2 may grant by further order. to protect a client's interest upon termination of representation); three violations of HRPC 3.2 (requiring a lawyer to make reasonable efforts Of HRPC 3.2 ( requiring a lawyer from knowingly disobeying 1 63 Haw thirty office of disciplinary counsel hawaii 30 ) days entry. 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