Haw. Sup. Ct. R. 2.3

(a) Discipline may consist of:

(1) Disbarment by the supreme court; or

(2) Suspension by the supreme court for a period not exceeding five years; or

(3) Public censure by the supreme court; or

(4) Public reprimand by the Disciplinary Board with the consent of the respondent and Disciplinary Counsel; or

(5) Private reprimand by the Disciplinary Board with the consent of the respondent and Disciplinary Counsel; or

(6) Private informal admonition by Disciplinary Counsel or the Disciplinary Board.

A public or private reprimand, or a private informal admonition, may also be imposed directly by the supreme court in any disciplinary matter submitted to the court by the Disciplinary Board, without requiring consent of the parties.

(b) Where a respondent has, with the written concurrence of the Director of the Attorneys and Judges Assistance Program, proposed a program of monitoring of the respondent’s efforts toward rehabilitation from "substance abuse" (as that term is defined in Rule 16.1(a) of these Rules), the supreme court or the Disciplinary Board may impose such a monitoring program. The monitoring program, which shall in all cases be supervised by the Director of the Attorneys and Judges Assistance Program, may be in lieu of or in addition to a disciplinary sanction. The duration and conditions of monitoring shall be stated in the final order issued by the supreme court or the Disciplinary Board. Violation of any conditions shall result in the imposition of disciplinary sanctions, but only to the extent set forth in the order establishing the monitoring program.

(c) Restitution and/or payment of costs (exclusive of attorney’s fees) may also be ordered by the supreme court or by the Disciplinary Board. Disciplinary Counsel shall file its verified bill of costs within 60 days after imposition of discipline.

(d) As a condition of reinstatement following suspension or disbarment or as a condition in connection with the imposition of any lesser discipline, the Disciplinary Board or the supreme court may require a respondent, at the respondent’s expense, to successfully complete

(1) the bar examination or some portion of it,

(2) seminars or classes in particular subjects of the law,

(3) a program specifically designated by the Disciplinary Board or the supreme court to meet some deficiency in the attorney’s understanding of the law or the practice of it,

(4) a practice management audit, and/or

(5) a trust account audit.

In addition, the Disciplinary Board or the supreme court may order the return to the client of all unearned fees or funds and unused deposits against future costs. The Disciplinary Board may consult with the Hawaiʻi State Bar or others to find or develop such seminars, classes, and programs.

(e) Probation. Any level of discipline under subsection (a) of this Rule, except for disbarment imposed pursuant to subsection (a)(1) of this Rule, may be stayed in whole or in part during a period of probation as follows:

(1) Stay of supreme court discipline. Discipline imposed by the supreme court may not be stayed unless ordered by the supreme court.

(2) Probation term. Probation shall be imposed for a specified period not to exceed 4 years. This 4-year limit includes the original term and any subsequent extensions; however, any period during which the probationary term is tolled under subsection (e)(6) of this Rule shall be excluded from the calculation of the 4-year limit.

A probation term of less than 4 years may be extended by the Disciplinary Board or the supreme court upon a finding that there is a continued need for supervision. The procedure for obtaining an extension is as follows:

(A) Before the expiration of the current probation term, Disciplinary Counsel or the respondent shall file a motion or written agreement for an extension with the Disciplinary Board and serve the other party with a copy of the motion or agreement.

(B) A party may file an objection to the motion within 10 days after service of the motion.

(C) The Disciplinary Board shall hear the motion promptly. The Disciplinary Board may approve an extension of probation if it determines by a preponderance of the evidence that there is a continued need for supervision, including when the respondent has violated a condition of probation, consistent with subsections (e)(7) and (e)(8) of this Rule.

(D) If the supreme court imposed the probation, the Disciplinary Board shall submit its findings and recommendation to the supreme court in accordance with section 2.7(d) of these Rules. Probation imposed by the supreme court may be extended only by supreme court order.

(3) Program requirements. Probation may be imposed only where the record supports the conclusion that there is a little likelihood that the respondent will harm the public during the period of probation and the conditions of probation can be adequately supervised.

(4) Conditions of probation. The conditions of probation shall be stated in writing and should provide for periodic review of the respondent, provide means to supervise the respondent’s progress, and require the respondent to cooperate with Disciplinary Counsel. Any order imposing probation shall include a provision requiring the respondent to refrain from further violations of the Hawaiʻi Rules of Professional Conduct during the probationary period.

(5) Supervision. Disciplinary Counsel shall be responsible for supervising the respondent during the probationary period.

(6) Notice of Material Violation of Probation. Disciplinary Counsel shall report material violations of the conditions of probation to the Chairperson of the Disciplinary Board by filing a notice of noncompliance with the Disciplinary Board and serving the respondent with a copy of the notice. The filing of the notice of noncompliance shall toll the probationary period until the matter is fully resolved, including any review by the supreme court under subsection (e)(8) of this Rule. During the pendency of the matter, the Disciplinary Board may require the respondent to adhere to existing conditions of probation. The notice of noncompliance shall include a separate declaration upon personal knowledge stating sufficient facts to support the allegation of material violations of the conditions of probation. The respondent may file a response to the notice within ten days after service of the notice.

(7) Noncompliance hearing. After the time provided for the respondent’s response, the Chairperson of the Disciplinary Board may either dismiss the notice or set a procedure for presentation of the matter to the Disciplinary Board, in an expeditious manner, based upon the record. A hearing before the Disciplinary Board may be waived upon written agreement of the parties.

If the Disciplinary Board determines by a preponderance of the evidence that the respondent violated a condition of probation, the Disciplinary Board may impose on the respondent all or any portion of the sanction that was stayed by the conditions of probation, or may extend the probation term consistent with subsection (e)(2) of this Rule, except as provided in subsection (e)(8) of this Rule.

(8) Referral to the supreme court. Where a violation of a condition of probation may result in the imposition of any disciplinary sanction stayed by the supreme court or an extension of a probation term imposed by the supreme court, the findings and report of the Disciplinary Board shall be submitted to the supreme court for determination in accordance with section 2.7(d) of these Rules.

(9) Final report; discharge. Within 30 days after the end of the probation term, Disciplinary Counsel shall file with the Disciplinary Board a notice regarding the respondent’s completion or non-compliance. During this 30-day period, Disciplinary Counsel may file a notice of non-compliance under subsection (e)(6) of this Rule for any material violation occurring during the probation term. The filing of a notice of non-compliance during this 30-day period shall stay the discharge of the disciplinary sanction and toll the probation term until the matter is fully resolved under subsections (e)(7) and (e)(8) of this Rule.

If Disciplinary Counsel fails to file a notice regarding completion or a notice of non-compliance within 30 days after the end of the probation term, the probation shall be deemed successfully completed. Upon the successful completion of probation imposed by the Disciplinary Board, the stayed portion of the disciplinary sanction shall be deemed discharged without further order. For discipline originally imposed by the supreme court, the Disciplinary Board shall file a certificate of successful completion with the supreme court to effectuate the discharge of the stayed sanction.

The discharge of a stayed sanction shall not vacate the underlying finding of misconduct, which shall remain a matter of record and may be considered as prior disciplinary history in any future proceeding.

(10) Independent Disciplinary Action; Violations of probation. The procedures set forth in this subsection (e)(7) and (e)(8) to vacate a stay and impose the previously ordered disciplinary sanction against a respondent based on non-compliance with the terms of probation shall be in addition to, and not in lieu of, the ordinary disciplinary process. Nothing in this Rule shall prevent Disciplinary Counsel from investigating and prosecuting the conduct underlying a notice of noncompliance as a separate disciplinary matter. The imposition of a stayed sanction for a probation violation shall not bar, under any theory of res judicata or collateral estoppel, the imposition of further discipline for the same conduct in a new proceeding.

(Amended July 19, 1981, effective July 29, 1981, renumbered September 1984; amended November 8, 1991, effective November 8, 1991; amended March 8, 1995, effective March 23, 1995; further amended September 5, 1996, effective October 1, 1996; further amended effective March 10, 1998; further amended April 10, 2002, effective July 1, 2002; further amended November 23, 2007, effective January 1, 2008; further amended July 9, 2019, effective January 1, 2020; further amended April 15, 2026, effective July 1, 2026.)