Rule 12 - COMMENCEMENT; SCOPE OF INVESTIGATION; COMPLAINT PROCESSING TIME GOALS; PROTECTIVE ORDER(a)Duty of Counsel to Investigate. Counsel has a duty to investigate all matters involving alleged violations of the Hawai'i Rules of Professional Conduct in accordance with RSCH 2.6(b) (2) and 2.6(b) (3).(b)Scope of Investigation. Counsel shall investigate to elicit factual information relevant to any misconduct alleged or reasonably indicated by the circumstances.(c)Motion for Protective Order.(i) If a Respondent disputes the information sought, he or she may file a motion for protective order with the Board Chairperson through the Filing Clerk. A copy shall be served upon Counsel, and Counsel shall have an opportunity to respond. The Board shall decide the motion on the written submissions within 30 days. In his or her discretion, the Board Chairperson may hold oral argument on the motion.
(ii) If the motion for protective order is denied, a Respondent may file a motion for protective order with the Hawai'i Supreme Court. A copy shall be served upon Counsel, and Counsel shall have an opportunity to respond.(d)Complaint Processing Time Goals.(i) This Rule intends that the period of time from ODC's opening of a case (either by receipt of a complaint or by ODC's initiation of an inquiry) to the institution of Formal Disciplinary Proceedings, or other disposition of the case, pursuant to the order of a Reviewing Board Member (as provided for in DBR Rule 16) should not exceed eighteen months.(ii) Within fifteen months from the opening of an ODC case, ODC's investigation and recommendation for disposition should be provided to a Reviewing Board Member pursuant to RSCH 2.7(a) and DBR Rule 16.(iii) Any formal Petition for Discipline or other disposition should be filed or otherwise implemented within two months following the date institution of formal proceedings or other disposition is ordered by a Reviewing Board Member.(iv) The Chairperson may exercise discretion to grant extensions on the showing of cause.(e)Failure to Meet Time Goals. Failure of the ODC to meet the time frames provided for in section (d) shall not be a grounds for the dismissal of any matter, but may be raised by a Subject Attorney as a mitigating factor upon a showing of material prejudice. [See: ABA Std. Imposing Lawyer Sanctions, 9.32(j); see also: In re Tenenbaum, 918 A.2d 1109 (Del. 2007); In re Johnson, 319 Mont. 188 (2004)].(f) Failure to Cooperate. If a subpoena is issued due to an attorney's failure to cooperate, the minimum sanction is an Informal Admonition in the absence of substantial mitigating circumstances showing a lack of fault on the attorney's part. Amended February 24, 2011, effective 7/1/2011; further amended February 28, 2013; further amended November 23, 2022, effective 1/1/2023.