Hawaii Attorney Disciplinary Process
| INVESTIGATION OF COMPLAINT | RESIGNATION | FORMAL HEARINGS | REVIEW BY DISCIPLINARY BOARD |
| First each complaint is reviewed to make sure investigating it falls within the power of the ODC and the Disciplinary Board. If it does, and if no further details are needed from the complaining party at that time, a copy of the complaint letter is sent by the ODC to the lawyer against whom the complaint was filed, and he/she is asked to submit a written response. [MORE]
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Attorneys subject to a pending disciplinary investigation or formal proceeding may resign in lieu of discipline or consent to disbarment by delivering to the Board an affidavit complying with RSCH 2.14(a). The affidavit must include a factual description of the grounds for discipline. The Chairperson of the Disciplinary Board must first review the respondent's affidavit to determine whether it is in proper form. [MORE] |
A hearing on a complaint is held only if a formal disciplinary proceeding is begun. When a formal disciplinary hearing takes place, a three-member hearing committee or officer appointed by the Chairperson [MORE] |
Upon completion of a formal disciplinary hearing, a written report is prepared by the hearing committee or officer for review by the Disciplinary Board. The hearing committee or officer cannot impose discipline, it only makes recommendations to the Disciplinary Board. [MORE] |