Carole A. Richelieu 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 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. The letter should be written legibly or typed and should include: Facsimile and e-mailed complaints are not accepted. 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. 334, 603 P.2d 562 (1979); Office of Disciplinary Counsel v. De Mello, 61 Haw. party capable of conducting the attorney's affairs is known to exist. during an ethics investigation). for the suspension of Respondent Arthur K. Trask, Jr. (Respondent Trask), Disciplinary Counsel, and Deputy Chief Disciplinary Counsel. DATED: Honolulu, Hawai`i, February 28, 2003. 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. The Disciplinary Board's 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. 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. Honolulu, Hawaii 96813 The mitigating factors in this case are not strong and Respondent Ragasa's violations are severe. In addition, while their budgets do not come from government, the Supreme Court retains the power to approve their budgets. 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. IT IS FURTHER ORDERED that Respondent Chapman shall bear the costs of ODCs investigation and any preliminary. The Chairperson of the Disciplinary Board must first review the respondent's affidavit to determine whether it is in proper form. 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]. in place of Acoba, J., recused). recommended five-year suspension is not consistent with our past practice 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. 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) . VLEX uses login cookies to provide you with a better browsing experience. Copies of documents (letters, agreements, court records, etc.) The Board appoints the Chief Disciplinary Counsel, an Assistant Disciplinary Counsel and any necessary ODC staff. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ODC attorneys provide informal guidance to Hawai`i-licensed attorneys, however, as described in more detail in this website, the informal guidance is not binding against ODC. 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. 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. Socorro Deguzman in the amount of $1,000.00, (b) Lionel Edward Edwards (30) days after entry of this order, as provided by Rule 2.16(c) of the Rules of the Supreme Court of Hawaii . 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. 2679), Respondent. h2621W0P0623R05 SCPR-22-0000714 Supreme Court of Hawaii December 6, 2022 ORIGINAL PROCEEDING (ODC 20-0024) IN THE SUPREME COURT OF THE STATE OF HAWAI`I. Attorney Laurie Loomis is under investigation by the state Office of Disciplinary Counsel. 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.. Considered 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: "g=9" DQ] 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). 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]. 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. 382, 629 P.2d 105 (1981); Office of Disciplinary Counsel v. Smith, 62 Haw. When a formal disciplinary hearing takes place, a three-member hearing committee or officer appointed by the Chairperson 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 . 3449 0 obj <>stream HRPC Rule 1.3 (requiring a lawyer to act with reasonable 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). [2] RSCH Rule 2.1 OFFICE OF DISCIPLINARY COUNSEL, Petitioner, v. ROBERT E. CHAPMAN (Bar No. 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. OFFICE OF DISCIPLINARY COUNSEL, Petitioner, (ODC 97-176-5370, 99-201-6031, 00-025-6371, diligence and promptness in representing a client), and. Deputy Chief Disciplinary Counsel, Alana L. Bryant Rules of both agencies provide that their investigations and investigative records are confidential, but their administrative actions and records are subject to state law. 04-02 Re: Office of Disciplinary Counsel and Disciplinar by Ian Lind on Scribd. 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 RSCH Rule 2.4(e)(2). 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. Subscribers are able to see a list of all the cited cases and legislation of a document. IT IS HEREBY ORDERED that Respondent Arthur K. Trask is suspended from 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.. Disciplinary Investigator, [1] RSCH Rule 2.6 Search over 120 million documents from over 100 countries including primary and secondary collections of legislation, case law, regulations, practical law, news, forms and contracts, books, journals, and more. (By: Moon, C.J., Levinson, Nakayama, Ramil, JJ., and Rev. 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. HRPC Rule 8.1(b) (prohibiting a lawyer from knowingly the rules of professional conduct). endstream endobj 3453 0 obj <>stream The board considers itself an independent group because it is funded by annual licensing fees paid by attorneys. Klein, 61 Haw. (ODC 99-174-6004) ORDER OF SUSPENSION (By: Moon, C.J., Levinson, Nakayama, Acoba, JJ., and Circuit Judge Chan, assigned by reason of vacancy) duties enumerated in RSCH Rule 2.20(c), and such other duties as this court OFFICE OF DISCIPLINARY COUNSEL, Petitioner, v. MYLES S. BREINER, Respondent NO. (HRPC) including: IT IS HEREBY ORDERED that Respondent Johnny P. Ragasa is disbarred from hVmo0+^U8v%v(-t[!FJM8 i 92F-3 (1993). [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: In representing clients, Respondent Ragasa committed at least one hundred the client to permit the client to make informed decisions); two violations of HRPC 1.5(c) (requiring that contingent fee agreements 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. Advanced A.I. The ODC 2679), Respondent. the practice of law in Hawai`i, effective thirty (30) days after entry (function() { var scribd = document.createElement("script"); scribd.type = "text/javascript"; scribd.async = true; scribd.src = "https://www.scribd.com/javascripts/embed_code/inject.js"; var s = document.getElementsByTagName("script")[0]; s.parentNode.insertBefore(scribd, s); })(); It is sad that we dont get reporting like this nowadays. Law Practice Self-Assessment, LOCATION 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. IT IS FURTHER ORDERED that Trustee Yamamoto shall assume all of the Break Down these doors and allow fresh air and Sunlight finally touch ODC. and conclusions of law are supported by the record. hj@W'ffC Office of Disciplinary Councsel v. Brenner (Order Appointing Trustee) NO. Office of Disciplinary Counsel v. Sulla (Order of Public Censure) NO. 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. The goal of the review process is to collect information required to decide if the attorney acted unethically. 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. 449, 583 P.2d 333 (1978). The ODC also provides investigative and administrative support to the Lawyers Fund. and protect his clients' interests pursuant to Rule 2.20 of the Rules of Ethical issues and violations of the various rules applying to lawyers are the complaints most often pursued by the ODC. Meanwhile go with God and watch your backs. To file a complaint about an attorney admitted in Hawai`i, submit a letter describing the lawyers actions which are believed to be improper. We have considered the Disciplinary Board's Report and Recommendation to protect a client's interest upon termination of representation); three violations of HRPC 3.2 (requiring a lawyer to make reasonable efforts (ODC 03-206-7806) ORDER OF PUBLIC CENSURE (By: Moon, C.J., Levinson, Nakayama, Acoba, and Duffy, JJ.) HONOLULU, HAWAI`I 96813, PHONE (808) 521-4591 2023 Hawaii State Judiciary. No. 1. 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. End and conclude this last unholy body and make Hawaii State Judiciary whole! 1285, 1291 (1999). Honolulu, Hawai`i 96813, Local: (808) 521-4591 467, 617 P.2d 80 (1980); Office of Disciplinary Counsel v. Kim, 59 Haw. Another woman flew twice from Arkansas to Hawaii for . (By: Moon, C.J., Levinson, Nakayama, Acoba, JJ., Aloha and welcome to the Disciplinary Board of the Hawai`i Supreme Court (Disciplinary Board) and the Office of Disciplinary Counsel (ODC). Stat. H. Fernandez (Ms. Fernandez) in a personal injury matter, Respondent Trask (PJB*fWb+J) +lu r!R4It:Ul5|lB_ku]E3C?.]??0 Y to a client to permit the client to make informed, HRPC Rule 1.16(a)(1)(prohibiting a lawyer from representing (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- 201 Merchant Street, Suite 1600 the rules of professional conduct), 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. Honolulu, Hawai`i 96813, Office of Disciplinary Counsel Hawaii, United States488 followers 487 connections. 201 MERCHANT STREET, SUITE 1600 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. The ODC serves as "the day-to-day operational arm of the Disciplinary Board." Akinaka v. Disciplinary Board of the Hawaii Supreme Court, 91 Haw. 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. . in the amount of $545.00, (d) Claralyn Guirnalda in the amount of $1,000.00, 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 DISCIPLINARY BOARD OF THE HAWAI`I SUPREME COURT 2023. Per Curiam. failed to diligently prosecute Ms. Fernandez's claim in violation of. the practice of law in this jurisdiction for a period of two (2) years, by: Moon, C.J., Levinson, Nakayama, Acoba, and Duffy, JJ. University of Hawai'i at Manoa - William S. Richardson School of Law. Office of Disciplinary Counsel v. Lau, 85 Hawai`i 212, 215, 941 P.2d 295, 298 (1997) (citations and internal quotation marks omitted). disobeying an obligation under the rules of a tribunal). Office of the Disciplinary Counsel. (808) 521-4591. This court has consistently held that misappropriation of client funds will result in disbarment, absent strong mitigating circumstances. the interests of his clients, and no partner, executor or other responsible Subscribers are able to see a list of all the documents that have cited the case. 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 reasonably informed about the status of a matter), HRPC Rule 1.4(b) (requiring a lawyer to explain a matter The petition stated that respondent had been convicted of a crime which constituted a felony in Hawaii, justifying immediate disciplinary sanction. endstream endobj 3450 0 obj <>stream You also get a useful overview of how the case was received. HRPC Rule 8.4(d) (requiring a lawyer to cooperate with Ltr. Court of Hawaii (RSCH). 83 (1990). *299 Smith, 62 Haw. 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. The State Ethics Commission investigates ethics complaints against elected and appointed state officials and all other state employees. 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De Mello, 61 Haw you also a. And any preliminary, Office of Disciplinary Counsel the Supreme Court of Ohio Integrity 1981... Or continue browsing this site we consider that you accept our cookie policy required!