Haw. Sup. Ct. R. 2.22

(a) General rule. The files, records and proceedings of the Disciplinary Board, the hearing committees or officers, and Disciplinary Counsel, and of mentors participating in minor misconduct programs pursuant to Rule 2.7(b) of these Rules, as they may relate to or arise out of any complaint or charge of unprofessional conduct against or investigation of an attorney, shall be deemed confidential and shall not be disclosed except under the following circumstances:

(1) As between Disciplinary Counsel, the committees or officers, the Disciplinary Board and the supreme court in the furtherance of their duties;

(2) As between the Disciplinary Board, Disciplinary Counsel and an attorney admission or disciplinary authority, or judicial selection or disciplinary authority, of any jurisdiction in which the attorney affected is admitted to practice or seeks to practice;

(3) Upon the request of the attorney affected;

(4) Where permitted by the supreme court;

(5) Where required or permitted by these Rules;

(6) Where the investigation is predicated upon a conviction of the respondent for a crime;

(7) Where 90 days have passed since the service on a respondent of a Petition for discipline, unless

(A) such time is extended by the Disciplinary Board Chairperson for no more than 45 days for good cause shown or

(B) the Disciplinary Board or the supreme court imposes a private reprimand or a private informal admonition, pursuant to Rule 2.3(a) of these Rules, or stays a private reprimand or private informal admonition pursuant to Rule 2.3(e) of these Rules.

(8) Where reinstatement proceedings are initiated pursuant to Rule 2.17(c) of these Rules.

(b) Disclosure of evidence of a crime. Upon receipt of trustworthy evidence that an attorney has committed a crime and to protect the interests of the public, the administration of justice, or the legal profession, the Chairperson of the Disciplinary Board may authorize Disciplinary Counsel to disclose the evidence to appropriate law enforcement or prosecuting authorities. Disciplinary Counsel may not disclose that an attorney voluntarily sought, received, or accepted treatment from the Attorneys and Judges Assistance Program or the record of such treatment.

(c) Disclosure of evidence of infirmity. Disciplinary Counsel, in its discretion, may disclose an attorney’s possible substance abuse, physical or mental illness, or other infirmity to the Director of the Attorney and Judges Assistance Program.

(d) Disclosure of resignation affidavit. An affidavit resigning in lieu of discipline or consenting to disbarment submitted pursuant to Rule 2.14 of these Rules shall be submitted to the hearing committee or officer, to the Disciplinary Board, and to the supreme court at any time that the attorney applies for reinstatement. Such affidavit shall also be supplied to an attorney admission or disciplinary authority or judicial selection authority of any jurisdiction in which the attorney affected is admitted to practice or seeks to practice.

(e) Authorized statements. In any case in which the subject matter becomes public through independent sources or through a waiver of confidentiality by the respondent, the Disciplinary Board may issue statements as it deems appropriate in order to confirm the pendency of the investigation, to clarify the procedural aspects of the disciplinary proceedings, to explain the right of the respondent to a fair hearing without prejudgment, and to state that the respondent denies the allegations. The statement shall be first submitted to the respondent involved for the respondent’s comments and criticisms prior to its release, but the Disciplinary Board in its discretion may release the statement as originally prepared.

(f) Supreme Court records are generally public. Except as ordered by the supreme court, or as otherwise provided by these Rules, the files, records and proceedings filed with the supreme court by the Disciplinary Board, by Disciplinary Counsel or by a respondent, as well as any oral argument held before the supreme court in connection with any disciplinary proceedings, are not confidential, except that in proceedings under Rule 2.19 of these Rules, any order transferring an attorney to inactive status or subsequently to active status shall be a matter of public record, but otherwise, the record of the proceedings shall not be publicly disclosed.

(g) ABA databank coordination. In addition, the Disciplinary Board shall transmit notice of all public discipline imposed by the supreme court, or transfer to inactive status due to disability, to the National Discipline Data Bank maintained by the American Bar Association.

(Amended effective July 29, 1981; renumbered September 1984; amended effective November 23, 1987; further amended November 8, 1991, effective November 8, 1991; further amended February 7, 1992, effective February 7, 1992; further amended March 18, 1993, effective March 18, 1993; further amended March 8, 1995, effective March 23, 1995; further amended and effective January 9, 1996; further amended October 21, 1999, effective January 1, 2000; further amended September 16, 2002, effective January 1, 2003; further amended October 6, 2003, effective January 1, 2004; further amended November 23, 2007, effective January 1, 2008; further amended April 5, 2010, effective July 1, 2010; further amended June 25, 2013, effective July 1, 2013; further amended November 14, 2013, effective November 14, 2013; further amended August 22, 2014, effective January 1, 2015; further amended March 7, 2016, effective July 1, 2016; further amended February 4, 2021, effective February 4, 2021; further amended August 24, 2021, effective January 1, 2022; further amended April 15, 2026, effective July 1, 2026.)