R. Discip. Brd. 3

As amended through September 30, 2024
Rule 3 - DEFINITIONS
(a)"Alleged Misconduct" means grounds for discipline that are under consideration, investigation, review, or that have been made the subject of a formal disciplinary proceeding.
(b)"Attorney" includes any person admitted to practice law in this State or specially admitted by a court in this State for a particular proceeding, but does not include a full-time judge, except as provided by RSCH 8.2(c).
(c)"Board" means the Disciplinary Board of the Hawai'i Supreme Court, which has the power and duty to investigate ethical Complaints and Attorney incapacity; supervise the Office of Disciplinary Counsel ("ODC"); adopt and publish advisory opinions; and act as a reviewing body in which formal disciplinary action is taken. In matters before the Board, if a sanction is a Private Informal Admonition, a Private Reprimand or a Public Reprimand, the Board makes the final determination with the consent of the Respondent and the ODC; and if the recommendation is for Suspension or Disbarment, the Board submits its recommendation to the Supreme Court.
(d)"Complaint" is a Grievance involving an Attorney that falls within the jurisdiction of the Attorney discipline system.
(e)"Complainant" is a person who has expressed dissatisfaction with an Attorney to the ODC.
(e)
(1)"Complex Case" is a case with the following factors: multiple complaints; voluminous, technical or unavailable records; unavailable witnesses; and other similar issues that require additional time and effort to investigate.
(f) "Conclusion of a Hearing" occurs when all of the evidence has been submitted. If posthearing pleadings have been ordered or authorized, then the hearing is concluded when the last authorized pleading is filed.
(g)"Conclusion of an Investigation" occurs when (i) Counsel has submitted a recommendation to a Reviewing Board Member for the disposition of a matter; or (ii) Counsel has referred a matter for Minor Misconduct or other non-disciplinary action, such as the Attorneys & Judges Assistance Program in accordance with RSCH 2.7(b).
(h)"Counsel" means the Chief Disciplinary Counsel, Deputy Chief Disciplinary Counsel and Assistant Disciplinary Counsel appointed pursuant to RSCH 2.4(e)(2) or Special Assistant Disciplinary Counsel pursuant to RSCH 2.4(e)(3).
(i)"Disability Proceeding" means an investigation or proceeding before the Board or the Supreme Court pursuant to RSCH 2.19 or DBR 31.
(j)"Disbarment" means the termination of a person's status as an Attorney authorized to practice law in Hawai'i.
(k)"Filing" is accomplished when a document is stamped by the Filing Clerk "Received by the Disciplinary Board", together with a date and time.
(l)"Filing Clerk" is a clerk designated by the Board, who is authorized to accept and file documents.
(m)"Formal Hearing" is a hearing where a Petition for Discipline is adjudicated by a Hearing Officer or Hearing Committee and a recommendation is made to the Board.
(n)"Formal Disciplinary Proceeding" is the process commencing with the Filing of a Petition for Discipline with the Board.
(o)"Grievance" means any expression of dissatisfaction with an Attorney that is submitted to or initiated by the ODC.
(p) "Hearing Committee" means a three-person panel, one of whom may be a layperson, appointed by the Board Chairperson to preside over a Formal Disciplinary Proceeding.
(q) "Hearing Officer" means an Attorney appointed by the Board Chairperson to preside over a Formal Disciplinary Proceeding.
(r)"Minor Misconduct" is a violation of the Hawai'i Rules of Professional Conduct of a minor nature, resolved by way of non-disciplinary proceedings or dismissal pursuant to RSCH 2.7(b).
(s)"ODC" is the entity established by the Supreme Court of the State of Hawai'i with the power and duty to investigate, prosecute, dispose of, and make recommendations concerning Attorney disciplinary matters.
(t)"Party/Parties" mean the ODC and the Respondent.
(u)"Petition for Discipline" is a pleading filed with the Board specifying formal charges of violations of the Hawai'i Rules of Professional Conduct.
(v)"Petitioner" is the ODC.
(w) "Private Informal Admonition" is the least severe form of discipline imposed by Counsel or the Board. It declares specified conduct of an Attorney unethical, but does not limit the Attorney's ability to practice law. When imposed it is non-public; however, it may become public as a circumstance in aggravation in any subsequent Formal Disciplinary Proceeding.
(x)"Private Order of Discipline" is a written order that memorializes the imposition of the sanction of Private Reprimand.
(y) "Private Reprimand" is a form of discipline imposed by the Board that declares specified conduct of the Attorney unethical, but does not limit the Attorney's ability to practice law. When imposed it is not public; however, it may become public as a circumstance in aggravation in any subsequent Formal Disciplinary Proceeding.
(z) "Public Censure" is a form of Public Discipline imposed solely by the Hawai'i Supreme Court pursuant to RSCH 2.3(a)(3) that declares the conduct of the Attorney unethical, but does not limit the Attorney's ability to practice law.
(aa)"Public Discipline" includes Public Reprimand, Public Censure, Suspension, and Disbarment.
(bb)"Public Reprimand" is a form of Public Discipline imposed by the Board that declares the conduct of the Attorney unethical, but does not limit the Attorney's ability to practice law.
(cc)"Record of Formal Disciplinary Proceeding" shall consist of the Board file, which includes all materials commencing with the Petition for Discipline, all hearing transcript(s), and all exhibits.
(dd)"Respondent" includes any Attorney against whom a Grievance or Complaint has been made or who is the subject of an investigation by the ODC.
(ee)"Reviewing Board Member" is a Board member assigned to review Investigative Files and make a determination pursuant to DBR 16.
(ff)"Suspension" is the removal of an Attorney from the practice of law for a period of time not to exceed five years.

R. Discip. Brd. 3

Amended February 24, 2011, effective 7/1/2011.