Haw. Sup. Ct. R. 8.2

(a) Powers in general. The Commission shall have the power to:

(1) receive information, allegations, and complaints;

(2) make preliminary evaluations;

(3) screen complaints;

(4) conduct investigations;

(5) conduct hearings;

(6) recommend dispositions to the supreme court concerning allegations of judicial misconduct or physical or mental disability of judges;

(7) issue advisory opinions; and

(8) utilize an administrator.

(b) Persons Subject to Discipline. The conduct of any justice or judge, full-time or part-time, shall be subject to the jurisdiction of the Commission, regardless of the justice’s or judge’s status at the time the conduct is reported to the Commission, including, but not limited to, having resigned or retired from office and provided the conduct is reported to the Commission no later than ninety (90) days after the judge leaves office.

(c) Jurisdiction of Commission.

(1) Notwithstanding any provisions of Rule 2.1 of the Rules of the Supreme Court, only this Commission shall have the authority to exercise powers specified in Rule 8.2 with respect to conduct, whether or not related to mental or physical competence, of any sitting full-time or part-time justice or judge occurring during the time of, and prior to, their tenure on the bench except as otherwise provided in this subsection (c).

(2) Notwithstanding any provisions to the contrary contained herein regarding the jurisdiction of the Commission:

(i) The Disciplinary Board of the Hawaiʻi Supreme Court may conclude any formal disciplinary proceedings as to said conduct which occurred prior to the judicial tenure of any full-time or part-time justice or judge, and any petition to the supreme court to determine whether any justice or judge is incapacitated from continuing the practice of law by reason of physical infirmity or illness or because of the use of drugs or intoxicants, if such formal disciplinary proceedings were initiated or such petition was filed prior to the judicial tenure of the justice or judge.

(ii) If a sitting part-time district judge is practicing law as an attorney, the Disciplinary Board of the Hawaiʻi Supreme Court shall have jurisdiction of such judge with respect to said conduct as an attorney and to petition the supreme court to determine whether such judge is incapacitated from continuing the practice of law by reason of physical infirmity or illness or because of the use of drugs or intoxicants and shall exercise the authority and powers prescribed under Rule 2 of the Rules of the Supreme Court.

(iii) The Disciplinary Board shall transmit its findings of fact, conclusions of law, disciplinary action or recommendations, and the entire record, in formal disciplinary proceedings under (i) and (ii) above to the Commission and if it is satisfied, and if it wishes to take action, the Commission may apply the same findings to support its recommendation for disciplinary action against a justice or judge involved in the said proceedings subject, however, to subsection (4) of this subsection (c).

(3) The resignation or retirement of any full-time or part-time justice or judge before or after the Commission or the Disciplinary Board, or both, have commenced an investigation or a proceeding, and before final action by the supreme court upon any recommendation, shall not deprive the Commission, the Disciplinary Board or the supreme court of jurisdiction.

(4) The Commission shall treat the findings of the Disciplinary Board made as a result of proceedings within (2)(i) or (2)(ii) above, as a new complaint which shall be reviewed in accordance with Rule 8.6, subsections (b) through (i), and if the Commission determines that further proceedings should be had, the Commission shall proceed with the complaint in accordance with Rule 8.7, and with any other applicable provisions of Rule 8.

(d) Administrator. There shall be an administrator to the Commission, whose duties and responsibilities shall be subject to the Commission’s direction and supervision.

(1) The administrator shall be an attorney who is licensed to practice law in the State of Hawaiʻi, and who shall serve as attorney to the Commission. The administrator shall not be a person who is a sitting justice or judge, including part-time judge.

(2) The supreme court shall appoint the administrator. The appointment and removal of the administrator shall require the concurrence of the majority of the supreme court.

(3) The administrator shall not engage in the private practice of law; provided, the administrator may provide pro bono services consistent with Rule 6.1 of the Hawaiʻi Rules of Professional Conduct, subject to restrictions imposed by the Commission.

(e) Subpoena and discovery.

(1) In matters before the Commission the chairperson or, if appointed pursuant to Rule 8.7 of this Rule, special counsel in matters under investigation by special counsel, may administer oaths and affirmations, compel by subpoena the attendance and testimony of witnesses, including the judge as witness, and to provide for the inspection of documents, books, accounts, and other records.

A respondent judge may compel by subpoena the attendance of witnesses and the production of documents, books, accounts, and other records after formal disciplinary proceedings are initiated.

Writs of subpoena shall be issued in blank by the clerk of the supreme court upon application by any member of the Commission, special counsel or the respondent, subject to the demonstration of good cause required by Rule 8.2(e)(3) of this Rule.

(2) The power to enforce process may be delegated by the supreme court to any other court.

(3) There shall be no discovery proceedings except upon the order of the Commission chairperson for good cause shown.

(f) Rules of procedure and forms. The Commission shall have the authority to submit rules of procedure for the approval of the supreme court, and to develop appropriate forms for its proceedings.

(Renumbered September 1984; amended April 26, 1993, effective April 26, 1993; further amended December 21, 2004, effective January 1, 2005; further amended September 13, 2022, effective January 1, 2023; further amended March 12, 2025, effective March 12, 2025.)