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ATTORNEY MISCONDUCT COMPLAINT INVESTIGATIONS

The ODC was created in 1974 by the Hawai`i Supreme Court to conduct investigations and prosecute complaints where a Hawai`i lawyer is alleged to have violated the Hawai`i ethics rules then in effect and as subsequently enacted. [1] In addition, the ODC provides general guidance and education to Hawai`i licensed attorneys.

PUBLIC DISCIPLINE

In addition to its authority to impose a private reprimand, the Disciplinary Board may, in more serious cases, sanction an attorney with a public reprimand — with the consent of ODC and the respondent [4].

RESIGNATION

Attorneys subject to a pending disciplinary investigation or formal proceeding may resign in lieu of discipline or consent to disbarment by delivering to the Board an affidavit complying with applicable rules [6]. The affidavit must include a factual description of the grounds for discipline.

FORMAL HEARINGS

A hearing on a complaint is held only if a formal disciplinary proceeding has commenced.

REVIEW BY DISCIPLINARY BOARD

Upon completion of a formal disciplinary hearing, a written report [16] is prepared by the FHO/FHC for review by the Disciplinary Board. [17] The FHO/FHC cannot impose discipline but rather, can make disciplinary sanction recommendations to the Disciplinary Board [18].

REVIEW BY SUPREME COURT

Where the Disciplinary Board recommends public discipline beyond a public reprimand, such as public censure, suspension or disbarment, the case must be submitted to the Supreme Court for final determination (an attorney or ODC can also seek Supreme Court review if the party disagrees with the imposition of a private or public reprimand; however, a complaining party has no standing to appeal).

LANGUAGE ID CARDS

Language ID Cards in 13 languages are now available on the Hawaii State Judiciary website. Persons with limited English proficiency (LEP) will be able to print the Language ID Card and show it to ODC staff when they come to the ODC.