Haw. Sup. Ct. R. 2.12A

(a) Grounds for suspension. An attorney who is the subject of an investigation by Disciplinary Counsel, or who is the subject of a disciplinary proceeding pending before a hearing committee or officer, the Disciplinary Board, or the supreme court, may be suspended from the practice of law, pending consideration of the charges against the attorney, upon a finding that the attorney is guilty of a failure to cooperate with the investigation or disciplinary proceeding. Such a finding shall be based upon the attorney’s default in responding to the petition or notice filed by Disciplinary Counsel, or the attorney’s failure to submit a written response to pending allegations of professional misconduct, or to comply with any lawful demand of the supreme court, the hearing committees, hearing officers, or Disciplinary Counsel made in connection with any investigation, hearing, or disciplinary proceeding, including failure to comply with a subpoena issued under Rule 2.12 of these Rules.

(b) Petition; order to appear; findings. Upon the filing with the supreme court of a petition approved by the Disciplinary Board Chairperson or the Chairperson’s designee on the Disciplinary Board, an order shall be issued directing the attorney to appear within ten days of the service of the order, and inform the supreme court as to why the attorney should not be immediately suspended. Service upon the attorney shall be made pursuant to Rule 2.11(a) of these Rules. The suspension shall be made upon the supreme court’s finding that the attorney has failed to cooperate, as outlined in subsection (a) of this Rule. The supreme court shall briefly state its reasons for its order of suspension, which shall be effective immediately and until further order of the supreme court.

(c) Application to defend. In all cases where the petition described in subsection (b) of this Rule is served in any manner other than personally, and the attorney so served does not appear, an application may be made by such attorney to the chief justice at any time within one year after the rendition of the final order of suspension, and upon good cause shown and upon such terms as may be deemed just by the chief justice, such attorney shall be allowed to defend themselves against such charges.

(d) Reinstatement. An attorney suspended under this Rule 2.12A may move for reinstatement. The motion shall be supported by proof respondent cured the failures to cooperate alleged in the petition.

If conventionally filed, a copy of the motion for reinstatement shall be served upon Disciplinary Counsel at or before the time of filing. Disciplinary Counsel shall file a response to the motion within 20 days after the motion for reinstatement was filed. Disciplinary Counsel’s response shall verify whether respondent has cured the allegations of non-cooperation.

(Added April 4, 1988, effective April 4, 1988; amended February 7, 1992, effective February 7, 1992; further amended and effective January 9, 1996; further amended November 23, 2007, effective January 1, 2008; further amended June 25, 2013, effective July 1, 2013; further amended April 15, 2026, effective July 1, 2026.)