OFFICE OF DISCIPLINARY COUNSEL, Petitioner, v. ROBERT E. CHAPMAN (Bar No. 83 (1990). DISCIPLINARY BOARD 05/18/2022. All rights reserved. Hawaii Office of Information Practices Opinion No. 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. of Disciplinary Counsel v. Breiner, 89 Hawai`i 167, 173, 969 P.2d A lawyer who violates the HRPC or related court rules may be disciplined[2]. 26054 IN THE SUPREME COURT OF THE STATE OF HAWAI`I OFFICE OF DISCIPLINARY COUNSEL, Petitioner, vs. PAUL J. SULLA, JR., Respondent. 3 p Disciplinary Board Ethical issues and violations of the various rules applying to lawyers are the complaints most often pursued by the ODC. I first ran into this back in 1996. The CJs reign has been non dramatic, just maintaining the status quo. two violations of HRPC 8.4(d) (prohibiting a lawyer from failing to cooperate ALL RIGHTS RESERVED. (HRPC) including: IT IS HEREBY ORDERED that Respondent Johnny P. Ragasa is disbarred from ACCEPT. 201 Merchant Street, Suite 1600 Petitioner Office of Disciplinary Counsel (Petitioner ODC) proved by clear by: Moon, C.J., Levinson, Nakayama, Acoba, and Duffy, JJ. All rights reserved. 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 Aloha and welcome to the Disciplinary Board of the Hawai`i Supreme Court ("Disciplinary Board") and the Office of Disciplinary Counsel ("ODC"). Office 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. Case information HRPC Rule 8.1(b) (prohibiting a lawyer from knowingly 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. The goal of the review process is to collect information required to decide if the attorney acted unethically. 449, 583 P.2d 333 (1978). Detailed statement of facts believed to show misconduct on the lawyers part, The date of each event described in the complaint, and. Subscribers are able to see any amendments made to the case. (By: Moon, C.J., Levinson, Nakayama, Acoba, JJ., On November 14, 2000, Petitioner Office of Disciplinary Counsel (the ODC) petitioned the Board to recommend sanctions against Au based on alleged violations of the Hawai'i Rules of Professional Conduct (HRPC) in three separate disciplinary matters. Upon receiving the complaint, ODC will determine if an investigation needs to be taken. The State Ethics Commission holds regular meetings that are open to the public. Mahalo Ian. Office of Disciplinary Counsel v. Cashman, 63 Haw. :G]cynmK]Y38\Q 2[wYIc` eeS&I/R.(tV;6UVOZQjq_}Jvcl$ySov-16Gj*+@&+K LpZ},]/#R&BY&foe$O]1n ]bu ODC 03-231-7831, ODC 03-235-7835, ODC 03-252-7852, ODC 03-264- recommended five-year suspension is not consistent with our past practice 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: At the time, I was a reporter for the Honolulu Star-Bulletin, and tried to get some administrative records from the office in the wake of the unexplained resignation of the disciplinary counsel, the agencys top lawyer. 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). 1285, 1291 (1999). 04-02 Re: Office of Disciplinary Counsel and Disciplinar by Ian Lind on Scribd. (30) days after entry of this order, as provided by Rule 2.16(c) of the Rules of the Supreme Court of Hawaii . and Circuit Judge Chan, assigned by reason of vacancy), Upon consideration of the Disciplinary Board's report and recommendation 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 . You also get a useful overview of how the case was received. 21929 IN THE SUPREME COURT OF THE STATE OF HAWAI`I OFFICE OF DISCIPLINARY COUNSEL, Petitioner, vs. ARTHUR K. TRASK, JR., Respondent. Ethical issues and violations of the various rules applying to lawyers are the complaints most often pursued by the ODC. 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 at 469, 617 P.2d at 81. (By: Recktenwald, C.J., Nakayama, McKenna, Wilson, and Eddins, JJ. 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. Therefore, IT IS HEREBY ORDERED that the petition to resign in lieu of discipline is granted. disobeying an obligation under the rules of a tribunal). 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. Hawaii, United States488 followers 487 connections. the rules of professional conduct). 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. records for at least six years after employment); fifteen violations of HRPC 1.15(h) (requiring a lawyer to maintain bookkeeping an obligation under the rules of a tribunal); twelve violations of HRPC 5.5(a) (prohibiting a lawyer from practicing (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. 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. For The Public For Legal Professionals File a Grievance Now Hawaii Department of Land and Natural Resources. Office of Disciplinary Counsel v. Trask (Order of Suspension) NO. Court of Hawaii (RSCH). reasonably informed about the status of a matter), HRPC Rule 1.4(b) (requiring a lawyer to explain a matter 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. It finally appears that there . Haw. A>1RY_ZZlg4KV ) H,J6fjMfR` M25 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. $60,267.60. dishonesty, fraud, deceit, or misrepresentation); and. 26079 IN THE SUPREME COURT OF THE STATE OF HAWAI`I OFFICE OF DISCIPLINARY COUNSEL, Petitioner, vs. NATHAN R. BRENNER, Respondent. 2679), Respondent. 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]. The commissions website includes links so the public can easily locate meeting notices and agendas, minutes, and board materials. 1. ODC carries out two main functions: (1) disciplinary investigations and prosecutions [1]; and (2) professional ethics education. (b) Outside Services. Copies of documents (letters, agreements, court records, etc.) Footnote 1: Respondent legally changed his name, in Hawaii, in 2011. Subscribers are able to see a list of all the cited cases and legislation of a document. all costs subsequently ordered by this Court in accordance with RSCH Rule Yikes! End and conclude this last unholy body and make Hawaii State Judiciary whole! of this order, as provided by Rule 2.16(c) of the Rules of the Supreme THLOaG{#..'9QiR8]p2:?:Jt. Phone: (808) 521-4591. 2023 Hawaii State Judiciary. Respondent Brenner's files and to take such action pursuant to RSCH Rule hVmo0+^U8v%v(-t[!FJM8 i and eighty-six violations of the Hawai`i Rules of Professional Conduct the client to permit the client to make informed decisions); two violations of HRPC 1.5(c) (requiring that contingent fee agreements Presently, the attorneys and investigators employed by the ODC are: Bradley R. Tamm diligence and promptness in representing a client), and. and conclusions of law are supported by the record. IT IS HEREBY ORDERED that Respondent Arthur K. Trask is suspended from Disciplinary Investigator, Josiah K. Sewell HRPC Rule 8.4(d) (requiring a lawyer to cooperate with Deputy Disciplinary Counsel, Charlene M. Norris 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]. 201 Merchant Street, Suite 1600 (808) 521-4591 Review and Investigation Upon receiving the complaint, ODC will determine if an investigation needs to be taken. 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. 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. failing to respond to a lawful demand by Petitioner ODC), HRPC Rule 8.4(a) (prohibiting a lawyer from violating Office of Disciplinary Counsel v. Lau, 85 Hawai`i 212, 215, 941 P.2d 295, 298 (1997) (citations and internal quotation marks omitted). 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 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 proceedings upon the timely submission by ODC of a verified bill of costs, as authorized by RSCH Rule 2.3(c). duties enumerated in RSCH Rule 2.20(c), and such other duties as this court Rule 8 . All rights reserved. Upon consideration of (1) Petitioner Office of Disciplinary Counsel's We have considered the Disciplinary Board's Report and Recommendation Jerel I. Yamamoto is appointed as Trustee under RSCH Rule 2.20 to inventory authorized signatory on an attorney trust account); sixteen violations of HRPC 1.15(f)(3) (requiring a lawyer to maintain complete DATED: Honolulu, Hawaii, October 2, 2003. We will take reasonable steps to accommodate you. 201 Merchant Street, Suite 1600 account); three violations of HRPC 1.15(d) (requiring that all funds entrusted to [2] RSCH Rule 2.1 DATED: Honolulu, Hawai`i, February 28, 2003. The Board appoints the Chief Disciplinary Counsel, an Assistant Disciplinary Counsel and any necessary ODC staff. The Disciplinary Board's findings of fact Subscribers are able to see a list of all the documents that have cited the case. 1. hj@W'ffC Law for a Period of Five Years. The petition stated that respondent had been convicted of a crime which constituted a felony in Hawaii, justifying immediate disciplinary sanction. The Office of Disciplinary Counsel initiated formal disciplinary proceedings against respondent by filing a petition and certificate of conviction in this court. h;07pvY,Ei(iQDB4H(=4;!RC `bLKY_DtvCC@f&4u/Y3"P(7B[Z [sDL"g1"s9lux5` j 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. IN THE SUPREME COURT OF THE STATE OF HAWAI`I, ___________________________________________________________________________________________________. 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. Deputy Disciplinary Counsel, Dana M. Harada and would not protect the public and maintain the integrity of the legal for the Suspension of Respondent Johnny P. Ragasa from the Practice of 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. Office of Disciplinary Counsel v. 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