Haw. Sup. Ct. R. (front matter)

RULES OF THE

SUPREME COURT

OF THE

STATE OF HAWAIʻI

(SCRU-11-0000068)

Adopted and Promulgated by

the Supreme Court

of the State of Hawaiʻi

As amended April 16, 1984

With Amendments as Noted

The Judiciary

State of Hawaiʻi

RULES OF THE SUPREME COURT

OF THE STATE OF HAWAIʻI

(a) Composition and Reimbursement

(b) Officers of the Board

(c) Duties

(d) Governance

(a) Applications

(b) Legal Education or Experience Requirements

(c) Good Character and Fitness

(1) Standard of Character and Fitness

(2) Burden of Proving Character

(3) Resolution of Character and Fitness Issues

(d) Investigation of Applications

(e) Review of Adverse Recommendations as to Good

Character and Fitness

(f) Non-Standard Testing Accommodations

(g) Examinations

(h) Child Support Enforcement

(i) Student Loan Enforcement

(a) Full-time active duty officers

(b) Term limitation; extensions

(c) Client and compensation limitation

(d) Discipline; dues

(a) Approval to appear pro hac vice

(b) Contents of the application or petition

(1) Required information.

(2) Required declaration by out-of-state attorney

(3) Required declaration by Hawaiʻi attorney

(c) Disposition of the petition

(d) Duties of the pro hac vice attorney

(e) Duties of the Hawaiʻi attorney

(f) Unauthorized practice of law

(g) The pro hac vice attorney is subject to Hawaiʻi

jurisdiction

(h) Limits of this Rule

(a) Petition for Certificate of Specialization

(b) Contents of Petition

(c) Nature of Proceeding; Filing Fee

(d) Form of Certificate

(e) Limitations

(f) Revocation of Certification

(g) Renewal

(a) Professionalism Course

(b) Proof of Compliance

(c) Administrative Suspension

(d) Reinstatement

(e) Fees

(f) CLE Compliance

Organizations Providing Civil Legal Services to Economically

Disadvantaged Persons

(a) Employees

(b) Term Limitation; Extensions

(c) Client and Compensation Limitation

(d) Discipline; Dues

spouse-attorneys

(a) Eligibility

(b) Practice requirements

(c) Term Limitation; Extensions

(d) Duties upon termination of the license

(e) Discipline; Dues

(a) Private practice not permitted

(b) Powers and duties of Chief Disciplinary Counsel

(c) Delegation

(a) Investigation

(b) Minor misconduct

(c) Formal hearing

(d) Review by Disciplinary Board and Supreme Court

(e) Elimination or suspension of hearing proceedings

(a) Grounds for suspension

(b) Petition; order to appear; findings

(c) Application to defend

(d) Reinstatement

attorneys under disciplinary investigation or prosecution

(a) Resumption of Practice

(b) Time to Apply

(1) Disbarred attorney

(2) Attorney suspended 1 year or less

(3) Attorney suspended more than 1 year

(4) Burden of proof; eligibility

(5) Evidence costs, lawyers’ fund paid

(6) Required evidence

(7) Subsequent petitions

(c) Petition the disciplinary board; serve disciplinary counsel;

investigation; hearing; reports

(d) Expenses

or is alleged to be incapacitated

(a) Definitions

(b) Grounds for appointment of trustee

(c) Procedure

(1) Motion for appointment

(2) Service of motion

(3) Response to motion

(4) Appointment

(5) Limited appointment

(6) Partner access to client trust account

(d) Duties of trustees

(e) Reimbursement and compensation of trustee

(f) Confidentiality

(g) Role of Disciplinary Counsel in trustee proceedings

(h) Disposition of property

(i) Suspension during the trusteeship

(j) Responsibility for fees and costs incurred

(a) General rule

(b) Disclosure of evidence of a crime

(c) Disclosure of evidence of infirmity

(d) Disclosure of resignation affidavit

(e) Authorized statements

(f) Supreme Court records are generally public

(g) ABA databank coordination

(a) When audit may be ordered

(b) Random audits

(c) Cost of audit

(d) Examination of other financial accounts

(e) Review

(a) Appointment

(b) Functions

(c) Continuing functions

(d) Quorum

COURT PROCEEDINGS

(a) Reserved

(b) Reserved

(c) Definitions

(d) General provisions and exclusions

(e) Request for extended coverage

(f) Process for deciding extended coverage

(g) Restrictions on extended coverage

(h) Procedure for extended coverage

(a) Use of professional-grade audiovisual equipment

(1) Camera, sound, and lighting equipment

(A) Television or video camera equipment criteria

(B) Sound and lighting equipment criteria

(2) Audio systems

(3) Minimizing disruption

(4) Still camera equipment criteria

(b) Recording and storage mediums

(c) Use of mobile devices and all other forms of

non-professional audiovisual equipment

THE BAR, JUDICIARY PERSONNEL, AND

SELF-REPRESENTED LITIGANTS

(a) Application

(b) Requirements for use

(a) Compliance with this Rule and applicable statutes

(b) Name

(c) Limitation to the practice of law

(d) Shares; ownership and transfer

(e) Directors

(f) Officers

(g) Financial responsibility

(1) Liability notice

(2) General rule on liability

(3) Unacceptable errors and omissions coverage

(h) Compliance with law and rules of court

(i) Attorney-client relationship unchanged

(j) Discipline and enforcement

PRACTICE OF LAW

compensation limitations

(a) Disciplinary liability

(b) Other lawful acts

(c) Immunity

(a) Membership; chairperson

(b) Terms

(c) Compensation

(d) Quorum; number of votes for action

(e) Meetings

(f) Annual report

(g) Non-participation by members

(a) Powers in general

(b) Persons subject to discipline

(c) Jurisdiction of Commission

(d) Subpoena and discovery

(e) Rules of procedure and forms

(a) In general

(b) Disclosure

(c) Public statements by commission

(a) In general

(b) Proceedings not substitute for appeal

(a) Initiation of procedure

(b) Privilege

(c) Discretionary notice

(d) Screening of complaints

(e) Mandatory notice

(f) Preliminary investigation and evaluation

(g) Determination

(h) Insufficient cause to proceed

(i) Disposition in lieu of further proceedings

(a) Formal Complaint or Statement of the Allegations

(b) Answer

(c) Termination after answer

(d) Hearing officer and notice of hearing

(e) Presentation; cross-examination; evidence

(f) Findings and recommendations

(a) Suspension for felony

(b) Suspension for misdemeanor

(c) Misdemeanor suspension review

(d) Other interim suspension

(e) Disability suspension

(a) Procedure

(b) Representation by counsel

(c) Medical privilege

(a) Procedure

(b) Effect of involuntary retirement

(a) Rendering Opinions

(b) Who May Request; Types of Opinions

(i) Informal Written Opinions

(ii) Formal Written Opinions

(iii) Discussions

(c) Use and Effect

(d) Modification

(a) Purpose; definition of "dishonest conduct"

(b) Appointment of trustees

(c) Organization; meetings

(d) Rules

(e) Reimbursement

(a) Eligible claims

(b) Nonreimbursable losses

(c) Discretion of trustees

(d) Consideration of trustees

(e) Limitation on payments

(f) Rights to fund

(g) Conditions of payment

(h) Attorney’s fee

(i) Investments

(a) Application

(b) Investigation

(c) Report

(d) Action by trustees upon report

(e) Notice of determination

(a) Subrogation; legal action by Fund

(b) Direct action by claimant

(c) Claimant’s right to amounts in excess of subrogated amount

(d) Written agreement by claimant prior to receipt of payments

(a) General rules of confidentiality

(b) Exchange of information and sharing of investigative and

administrative resources with Disciplinary Board

(c) Communication with the claimant and the attorney claimed

against

(d) Public statements by trustees

(e) Disclosure of evidence of a crime

(a) Purpose

(b) Required participation

(c) Administration

(1) Deposits of clients’ funds

(2) IOLTA trust accounts

(3) Non-IOLTA client trust accounts

(d) Use of funds derived from IOLTA trust accounts

(e) Exemptions

(f) Attorney filings and records

(1) Attorney filings

(2) Records

(g) Rules and Policies of the Hawaiʻi Justice Foundation

(h) Implementation

(a) Availability

(b) Regulations

(c) Withdrawals

(d) Penalties

(a) Filing of annual financial disclosure statement

(b) Time for filing

(1) Extensions of Time

(2) Monitoring by Chief Clerk

(c) Imposition of discipline for untimely or incomplete statements

(d) Matters to be disclosed

(e) Disclosure of amounts by range; number of stock shares

(f) Short form statement

(g) Statements open to public inspection

(h) Filing of statement not to limit ethical responsibilities of

a judge

(a) Creation, name and status

(b) Purposes and powers

(c) Membership and classes of members

(d) Member registration, information, assessment, suspension and

status

(1 Member registration

(2) Information to Disciplinary Counsel

(3) Dues, fees and charges

(A) Hawaiʻi State Bar dues

(B) Disciplinary Board fee

(C) Lawyers’ Fund for Client Protection fee

(D) Attorneys and Judges Assistance Program fee

(4) Administrative suspension

(A) Failure to file, cooperate with an audit, or pay

(B) Failure to meet CLE requirements; notice of

noncompliance; subsequent acquisition of hours;

contest; suspension

(5) Reinstatement

(A) After failure to file or pay

(B) After failure to comply with CLE requirements

(C) Review by supreme court

(6) Exemptions

(A) Judges’ exemption

(B) Government attorneys’ exemption

(C) "Inactive" members’ exemption

(7) Proof of payment

(8) Inactive status

(9) Return from voluntary inactive status

(e) Composition, powers and responsibilities of governing body

(f) Powers and responsibilities of governing body

(g) Adoption and amendment of rules regarding Bar

(a) Suspension of license to practice law

(b) Reinstatement to practice

(c) Fee assessment

DISTRICT COURT FOR THE DISTRICT OF HAWAIʻI AND

HAWAIʻI STATE COURTS

(a) Counsel’s duty to notify the courts

(b) Resolution of scheduling conflicts

(a) Respondent confidentiality

(b) Confidentiality of information and data

(c) Furnishing of information and data to the judicial selection

commission

(d) Furnishing of summary to the evaluated judge

(a) Purpose

(b) Waiver of active fees, dues and charges

(c) Definitions

(d) Limitations

(e) Duties of qualified legal services provider

(a) Creation

(b) Purpose

(c) Membership

(1) Number of Members and Terms of Office

(2) Vacancies

(3) Appointment of Members

(4) Community Wide Representation

(d) Officers

(e) Bylaws, Rules and Procedures

(f) Committees and Task Forces

(g) Meetings, Quorum, and Voting

(h) Staff and Funding Support

(i) Recommendations

(j) Reports and Review

(1) Annual Reports

(2) Three-year Review

(a) Mandatory Continuing Legal Education

(b) Ethics and Professional Responsibility Minimum

(c) Carry Forward of Credit Hours

(d) Mandatory Certification, Reporting, and Record Keeping

(e) Courses and Activities

(f) Approved Courses or Activities

(g) Approval and Accreditation Authorization

(h) Full-time Judges

(i) Inactive members

(j) Newly licensed members

(k) Good Cause Exemption or Modification

CIVIC EDUCATION

(a) Creation

(b) Purpose

(c) Membership

(1) Number of Members and Terms of Office

(2) Appointment of Members

(3) Community-Wide Representation

(4) Vacancies

(d) Officers

(e) Bylaws, Rules, and Procedures

(f) Committees and Task Forces

(g) Meetings, Quorum, and Voting

(h) Staff and Funding Support

(i) Recommendations

(j) Reports and Review

(1) Annual Reports

(2) Three-Year Review

Exhibit A. Hawaiʻi Rules of Professional Conduct

Exhibit A-1. Guidelines of Professional Courtesy & Civility for

Hawaiʻi Lawyers

Exhibit A-2. Rules of the Disciplinary Board

Exhibit B. Hawaiʻi Revised Code of Judicial Conduct

Exhibit B-1. Principles of Professionalism for Hawaiʻi Judges

Appendix A Lawyers’ Fund Rules & Regulations

(This page intentionally left blank.)