Haw. Sup. Ct. R. 2.4

(a) The supreme court shall appoint a board to be known as the "Disciplinary Board of the Hawaiʻi Supreme Court" (hereinafter referred to as the “Disciplinary Board”) that shall consist of eighteen members, each of whom shall be nominated and appointed separately. At least one-third of the members shall not be lawyers. To the extent possible, membership shall include at least one person from each of the four counties. All appointments shall be made from a list of nominees submitted by the Nominating Committee of the Hawaiʻi Supreme Court. The Disciplinary Board shall elect from among its members, a Chairperson, a Vice-Chairperson, a secretary, and a treasurer.

(b) All members shall be appointed to staggered three-year terms; however, to maintain a Disciplinary Board with staggered terms, initial appointments may be for less than three years. The Disciplinary Board shall act only with the concurrence of seven or more members. Members shall receive no compensation for their services but may be reimbursed for their traveling and other expenses incidental to the performance of their duties.

(c) Disciplinary Board members shall refrain from taking part in any proceeding in which a judge, similarly situated, would be required to abstain. If, in any given case, it shall become necessary for the continuation of a case, or the orderly operation of the Disciplinary Board, the supreme court may appoint, for that case only, one or more ad hoc members as it deems necessary. Each ad hoc member shall fulfill all the responsibilities of a Disciplinary Board member.

(d) Periodically, the Chairperson shall designate at least two Disciplinary Board members to review the proposed decisions of the Disciplinary Counsel, as mentioned in subsection 2.7 hereof.

(e) The Disciplinary Board shall exercise the powers and perform the duties conferred and imposed upon it by these Disciplinary Rules, including the power and duty:

(1) To consider and investigate any alleged ground for discipline or alleged incapacity of any attorney called to its attention, or upon its own motion, and to take such action with respect thereto as shall be appropriate to effectuate the purposes of these Disciplinary Rules.

(2) To employ, supervise, and terminate a Chief Disciplinary Counsel, a Deputy Chief Disciplinary Counsel, Deputy Disciplinary Counsel, and staff employees, and to appoint volunteers to assist the Disciplinary Board in the exercise of its duties. The Disciplinary Board may delegate to Chief Disciplinary Counsel the authority to employ and supervise the Deputy Chief Disciplinary Counsel and Deputy Disciplinary Counsel, to employ, supervise and terminate staff, and to appoint volunteers.

(3) To appoint Special Assistant Disciplinary Counsel when Chief Disciplinary Counsel and all full time Deputy Disciplinary Counsel are disqualified.

(4) To appoint from time to time, and establish the terms of office of, an appropriate number of persons to serve as hearing committee members and officers.

(5) To approve assignments made annually by the Chairperson for rotation of members of the Disciplinary Board to review for stated periods all recommended dispositions by Disciplinary Counsel and to authorize changes in such assignments from time to time necessitated by unforeseen circumstances.

(6) To adopt rules of procedure governing the Disciplinary Board and hearing committees and officers which are not inconsistent with these rules.

(7) To adopt and publish advisory opinions interpreting the Hawaiʻi Rules of Professional Conduct.

(8)(i) To develop an annual budget for operating the Office of Disciplinary Counsel and performing the functions of the Disciplinary Board, to develop appropriate financial policies for managing of all funds received by the Disciplinary Board, and to propose an annual fee;

(ii) to submit, no later than September 15 each year, the developed budget, financial policies, and fee structure to the Hawaiʻi State Bar to allow an opportunity for meaningful review, analysis, input, and comment by the Hawaiʻi State Bar prior to submission to the supreme court;

(iii) to receive written comments, if any, from the Hawaiʻi State Bar regarding the budget, financial policies, and fee structure;

(iv) to reply in a timely fashion in writing to any written comments from the Hawaiʻi State Bar regarding section (iii), provided the comments were received no later than October 15; and

(v) to submit, no later than November 1 each year, the budget, financial policies, and annual fee along with any and all written comments received from the Hawaiʻi State Bar, and any replies thereto, to the supreme court for its review and approval.

(9) To receive from the Hawaiʻi State Bar all funds collected by the Hawaiʻi State Bar for the Disciplinary Board, and to have exclusive control and responsibility over all financial transactions; and to develop and maintain appropriate accounting records showing the receipt and disposition of those funds, which records shall be subject to audit as directed by the supreme court.

(10) To retain, as needed, private counsel to assist the Disciplinary Board in the performance of its duties.

(11) To establish committees to assist the Disciplinary Board in the performance of its duties.

(Amended November 20, 1979, effective November 20, 1979; renumbered September 1984; further amended October 27, 1989, effective November 1, 1989, subject to transitional orders; further amended February 7, 1992, effective February 7, 1992; further amended December 6, 1993, effective January 1, 1994; further amended May 11, 1995, effective May 11, 1995; further amended and effective January 9, 1996; amended January 13, 1998, effective February 13, 1998; amended April 8, 2002, effective July 1, 2002; amended May 12, 2003, effective July 1, 2003; 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.)