Rule 24 - BOARD DISPOSITION OF FORMAL DISCIPLINARY PROCEEDING(a)Briefs; Oral Argument. If briefs or oral arguments are requested by the Board or any Party, the Chairperson shall issue an order setting forth the dates by which briefs are due and oral argument is scheduled. The Filing Clerk shall notify the Parties of the order.(i) If no briefs are submitted or no oral argument is requested, then the Board Chairperson shall issue an order setting the deliberation date. The Filing Clerk shall notify the Parties of the order.(ii) If neither Party timely requests submission of briefs or oral argument, the Board may order submission of briefs or oral argument by a majority vote pursuant to RSCH 2.7(d).(iii) Oral arguments shall be recorded and preserved in writing, on tape, or by the use of such other device as appropriate. Oral arguments shall be transcribed, and the original of each transcript shall be filed as part of the Record of Formal Disciplinary Proceeding.(iv) The Board Chairperson may set time limits for oral arguments.(v) Brief organization. Briefs, both Opening and Answering, must include the following separate sections: (1) A concise statement of the case which includes a "Description of the alleged Ethical Violations."(2) A concise statement of the "Points of Error" in separate numbered paragraphs. When the point involves a finding or conclusion of the hearing officer or committee, a quotation of the finding or conclusion urged as error should be included.(3) A section entitled "Standards of Review" setting forth the standard or standards to be applied in reviewing the respective findings of fact, conclusions of law and recommended discipline alleged to be erroneous and identifying the point of error to which it applies.(vi) Brief Content.(1) Review shall be confined to the record, and all citation to factual matters shall be to evidence in the record by docket number, or to the transcript of proceedings.(2) Case law citations to published decisions shall include the case title, and identification of the state or regional reporter, by volume and page number. Citation to unpublished decisions shall be by case title and case number. Where the party cites to an unpublished decision from outside the State of Hawai'i, an accurate and legible copy of that decision shall be attached as an appendix to the brief.(3) The Answering Brief should emphasize areas of disagreement or contention and provide alternative citation to the record, case law or other authorities.(4) An optional Reply may be filed by the party filing the Opening Brief in reply to the Answering Brief and shall be confined to matters presented in the Answering Brief.(5) References to transcript should include the date of the transcript and the specific page or pages referred to.(vii) Brief Format. Briefs shall:(1) be double spaced, except that titles, captions, block quotes and footnotes may be single spaced.(2) be printed on plain white paper, single sided, in not less than 14 point proportionally spaced font, or 12 point monospaced font, for both body text and footnotes.(3) Initial briefs (Opening and Answering) shall not exceed 35 pages of text, exclusive of title page, table of contents, and table of authorities. Reply briefs must not exceed 10 pages.(4) Briefs in excess of 15 pages must include a table of contents and table of authorities.(b)Closed Deliberations. Only eligible Board members and board counsel shall be present during the deliberations.(c)Review Standards.(i)Findings of Fact. Findings of fact, including circumstances in mitigation and circumstances in aggravation, are subject to the "clearly erroneous" standard of review.(ii)Conclusions of Law. Conclusions of law are subject to the "right/wrong" standard of review.(iii)Mixed Findings of Fact and Conclusions of Law. Mixed findings of fact and conclusions of law are subject to the "clearly erroneous" standard of review.(iv)De Novo Review of Recommended Discipline. Recommended discipline is subject to de novo review by the Board.(v)Harmless Error. The Board must disregard any error or defect in the proceeding that does not affect a substantial right or result in a miscarriage of justice.(d)Disposition of Formal Disciplinary Proceeding. The Board shall promptly affirm or modify the report of the Hearing Officer or Hearing Committee; remand the case for further proceedings with instructions; or dismiss the Petition for Discipline with the consent of Counsel, when required by RSCH 2.7(d). The Board may remand to the same or a new Hearing Officer or Hearing Committee.(e)Announcement of Decision; Certification. Following its deliberations, the Board shall reconvene on the record and announce its decision. The Board Chairperson shall then file a certificate of the decision in the record.(f)Imposition of Board Sanctions. If the Board imposes a Private Informal Admonition or Private or Public Reprimand, DBR 25, 26, or 27 shall apply.(g)Board Report to the Supreme Court. If the Board recommends discipline to the Supreme Court, then the Board shall file a report setting forth its findings, conclusions, and recommendation. The report shall be accompanied by the Record of Formal Disciplinary Proceeding. The Filing Clerk shall serve a copy of the report upon Counsel and the Respondent in accordance with RSCH 2.11(b).(h)Notice to Complainant. Counsel shall notify the Complainant that the Board has filed its report with the Supreme Court and provide the Complainant with a copy. Amended March 31, 2011, effective 7/1/2011; further amended December 13, 2012; further amended January 31, 2013.