Haw. R. Sup. Ct. 2.14

As amended through September 30, 2024
Rule 2.14 - Resignation in lieu of discipline or disbarment by consent of attorneys under disciplinary investigation or prosecution
(a) An attorney who is the subject of an investigation into, or a pending proceeding involving, allegations of grounds for the attorney's discipline may resign in lieu of discipline or consent to disbarment, but only by delivering to the Board Chairperson an affidavit stating that the attorney desires to resign in lieu of discipline or consent to disbarment and that:
(1) the attorney's resignation in lieu of discipline or consent is freely and voluntarily rendered; the attorney is not being subjected to coercion or duress; the attorney is fully aware of the implications of submitting the attorney's resignation or consent;
(2) the attorney is aware that there is a presently pending investigation into, or proceeding involving, allegations that there exist grounds for the attorney's discipline, the nature of which the attorney shall specifically set forth;
(3) the attorney acknowledges that the material facts so alleged are true; and
(4) the attorney resigns or submits the attorney's consent because the attorney knows that if charges were predicated upon the matters under investigation, or if the proceeding were prosecuted, the attorney could not successfully defend themselves.
(b) Upon receipt of the required affidavit, the Board shall file with the supreme court and the supreme court shall enter an order granting the request to resign in lieu of discipline or disbarring the attorney on consent.
(c) The order granting the request to resign in lieu of discipline or disbarring the attorney on consent shall be a matter of public record. The affidavit required under the provisions of (a) above shall be a matter of public record but shall not be used in any other proceeding except upon order of the supreme court or as otherwise allowed by these rules.
(d) Resignation in lieu of discipline is a disbarment for all purposes under these rules, including reinstatement.

Haw. R. Sup. Ct. 2.14

Renumbered September 1984; amended February 7, 1992, effective 2/7/1992; further amended May 14, 1993, effective 5/14/1993; further amended November 23, 2007, effective 1/1/2008; further amended June 25, 2013, effective 7/1/2013; amended November 10, 2020, effective 1/1/2021.