HI · rules
Haw. Sup. Ct. R. 2.6
Disciplinary Counsel
(a) Private practice not permitted. Chief Disciplinary Counsel, Deputy Chief Disciplinary Counsel, and salaried Deputy Disciplinary Counsel shall not engage in private practice, except that:
(1) The Disciplinary Board may agree to a reasonable period of transition after appointment; and
(2) Chief Disciplinary Counsel, Deputy Chief Disciplinary Counsel, and salaried Deputy Disciplinary Counsel may provide pro bono services consistent with Rule 6.1 of the Hawaiʻi Rules of Professional Conduct, subject to restrictions imposed by the Disciplinary Board.
(b) Powers and duties of Chief Disciplinary Counsel. Chief Disciplinary Counsel shall have the power and duty:
(1) To investigate all matters involving alleged misconduct called to the Chief Disciplinary Counsel’s attention whether by complaint or otherwise.
(2) To dispose, subject to review by members of the Disciplinary Board assigned by the Chairperson, of all matters involving alleged misconduct by dismissal, private informal admonition, referral to a minor misconduct or assistance program, or the institution of formal disciplinary proceedings before a hearing committee or officer. Except in matters requiring dismissal because the complaint is frivolous on its face, falls outside the Disciplinary Board’s jurisdiction, or is contradicted by other readily available evidence, no disposition shall be recommended or undertaken by Disciplinary Counsel until the accused attorney shall have been afforded the opportunity to state a position with respect to the allegations.
(3) To file with the supreme court certificates of conviction of attorneys for crimes.
(4) To prosecute all disciplinary proceedings and proceedings to determine incapacity of attorneys before hearing committees or officer, the Disciplinary Board and the supreme court.
(5) To appear at hearings conducted with respect to petitions for reinstatement of suspended or disbarred attorneys or attorneys transferred to inactive status because of disability, to examine witnesses and to submit evidence, if any, relevant thereto.
(6) To inform complainants and attorneys complained against of the status and disposition of their respective complaint matters.
(7) To maintain permanent records of all matters processed and the disposition thereof.
(8) To assist members of the public in preparation of requests for investigation.
(9) To perform such other duties and provide such reports as the Disciplinary Board shall direct.
(10) To supervise any respondent on probation, including submission of reports to the supreme court or Disciplinary Board, and, where appropriate, to prosecute probation violation proceedings.
(c) Delegation. Chief Disciplinary Counsel may delegate performance of the duties set out in subsections (b)(1) through (b)(10) of this Rule to Deputy Chief Disciplinary Counsel, Deputy Disciplinary Counsel, and staff.
(Renumbered September 1984; amended October 27, 1989, effective November 1, 1989, subject to transitional orders; further amended February 7, 1992, effective February 7, 1992; further amended August 17, 1993, effective August 17, 1993; further amended and effective January 9, 1996; further amended June 25, 2013, effective July 1, 2013; further amended November 14, 2013, effective November 14, 2013; further amended June 5, 2020, effective July 1, 2020; further amended August 18, 2021, effective January 1, 2022; further amended April 15,2026, effective July 1, 2026.)
Provenance
- Source
- www.courts.state.hi.us
- Retrieved
- 2026-10-02
- Edition
- supplied-hi-22-2026-07-21
- Content hash
e624d71c4bdc2a616fba4cdc5d481d2042667108e17608e8c23839d9360d3dd2
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