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DISCIPLINARY BOARD OF THE HAWAI`I SUPREME COURT AND THE OFFICE OF DISCIPLINARY COUNSEL

Aloha and welcome to the Disciplinary Board of the Hawai`i Supreme Court (“Disciplinary Board”) and the Office of Disciplinary Counsel (“ODC”).  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].  A lawyer who violates the HRPC or related court rules may be disciplined[2].

THE PURPOSE OF LAWYER DISCIPLINE

Hawai`i’s 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.[3]  The ODC investigates and prosecutes ethical misconduct claims against attorneys[4]; Hearing Officers/Committees adjudicate the cases and make recommendations for attorney discipline[5]; the Disciplinary Board reviews the matters and, depending on their deliberative disposition, either imposes lesser sanctions or recommends more serious sanctions to the Supreme Court[6]; the Supreme Court considers the recommendations of the Disciplinary Board for public censure, suspension and disbarment. The system is designed to protect the public and preserve the integrity of the judicial process and legal profession[8]. 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].  The specific discipline imposed will depend upon the lawyer’s mental state, the nature of the offense, the severity of harm or potential for harm, prior discipline, and other factors.

[1] RSCH Rules 2.1, 2.2
[2] RSCH Rule 2.2
[3] RSCH Rules 2.4, 2.5, 2.6
[4] RSCH Rules 2.6, 2.7(a)
[5] RSCH Rules 2.5, 2.7(c)
[6] RSCH Rule 2.7(d)
[7] RSCH Rules 2.3
[8] Gerald H. Kibe, Overview of the Hawaiʻi Attorney Discipline System, 22 Haw. B.J. 83 (1990)

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