Haw. R. Sup. Ct. 22
Comment:
Continuing professional and legal education contributes to lawyer competence and benefits the public and the legal profession by assuring that attorneys remain current regarding the law, the obligations and standards of the profession, and the management of their practices. Continuing legal education is valuable to lawyers and attendance at courses beyond the amount required by this Rule is encouraged. The new requirements of continuing legal education are expected to result in the improvement of the profession and an enhancement of lawyer services to clients.
The state and federal judicial systems sponsor programs of judicial education for federal and state judges and, accordingly, full-time state and federal judges are excluded from the provisions applicable to active members of the Bar.
Rules 17, 22, and other Rules of the Supreme Court of the State of Hawai'i (RSCH) refer to the Bar, the Hawai'i State Bar, the Bar Administrator, the Hawai'i State Bar Association, and the Executive Director of the Bar. References to the Bar or the Hawai'i State Bar are to the unified Bar established by the Hawai'i Supreme Court upon adoption of RSCH Rule 17. Historically, the unorganized bar consisted of all attorneys admitted to the practice of law in the State of Hawai'i, and the Hawai'i State Bar Association was a voluntary organization. In 1989, the supreme court "unified" the bar by requiring all members of the bar to be part of "an organization to be known as the Hawai'i State Bar." RSCH Rule 17 also defined the unified Bar organizational structure. The supreme court ordered the Committee on Integration of the Bar to seek nominations for the "initial officers and Board of Directors of the Hawai'i State Bar." See Unification of the Hawai'i State Bar Implementation Order No. 1. Subsequently, the Hawai'i State Bar Association amended its rules and bylaws to conform to RSCH Rule 17 "to permit [the Association] to become the administrative body of the unified bar of this State . . . if this Court should appoint it to such capacity[.]" See Unification of the Hawai'i State Bar Implementation Order No. 2. The supreme court appointed the Hawai'i State Bar Association "as the administrative entity of the Hawai'i State Bar, to carry out the purposes and to have the powers set forth in Rule 17(b). . . and other rules of this court, according to the terms of said rules." Id. Implementation Order Number 2 rescinded Implementation Order Number 1's search for candidates. The Hawai'i State Bar Association assumed its role as administrator of the Hawai'i State Bar. By operation of Implementation Order No. 2, the Hawai'i State Bar Association is the Bar Administrator. Consequently, the Executive Director of the Hawai'i State Bar Association is the Executive Director referred to by the rules for as long as the Hawai'i State Bar Association remains the Bar Administrator.