Haw. Sup. Ct. Order: order589

Electronically Filed

Supreme Court

SCMF-24-0000565

23-AUG-2024

08:54 AM

Dkt. 1 ORD

IN THE SUPREME COURT OF THE STATE OF HAWAIʻI

________________________________________________________________

In the Matter of the

GRADUATE INTERN PILOT PROJECT

________________________________________________________________

ORDER ESTABLISHING A GRADUATE INTERN PILOT PROJECT

(By: Recktenwald, C.J., McKenna, Eddins, Ginoza, and Devens, JJ.)

Upon consideration of the July 18, 2024 joint letter from

the City and County of Honolulu Department of the Prosecuting

Attorney, the County of Maui Department of the Prosecuting

Attorney, the County of Hawaiʻi Office of the Prosecuting

Attorney, and the County of Kauaʻi Office of the Prosecuting

Attorney (Hawaiʻi Prosecuting Attorneys), requesting this court

authorize recent law school graduates to temporarily engage in

the supervised limited practice of law under Rules of the

Supreme Court of the State of Hawaiʻi (RSCH) Rule 7, and pursuant

to this court’s inherent and constitutional authority under

article VI, section 7 of the Hawaiʻi Constitution to regulate the

practice of law,

It is hereby ordered that the Graduate Intern Pilot Project

is established as follows:

1. Under this pilot project, the definition of “law-student intern” in RSCH Rule 7.2(a) shall also include a person

who, within the last twelve (12) months, graduated in good

standing from a law school fully or provisionally accredited by

the American Bar Association, and is employed by any of the

Hawaiʻi Prosecuting Attorneys or the State of Hawaiʻi Office of

the Public Defender (Graduate Interns).

2. Graduate Interns may engage in activities permitted

under RSCH Rules 7.4 and 7.5, provided the Graduate Interns, at

all times, satisfy the qualification procedures and requirements

set forth in RSCH Rule 7 and this order.

3. All provisions of RSCH Rule 7 shall apply to the

Graduate Intern Pilot Project, except for the following

provision in RSCH Rule 7.6(a), which shall not apply: “After

graduation, the law-student intern may continue to represent a

client in cases initiated before graduation if such

representation is deemed appropriate by the supervising lawyer,

but in no case shall the continued representation under this

Rule extend beyond the swearing-in date of the next bar

examination.”

4. The presiding judge of the court in which the Graduate

Intern appears shall have the discretion to revoke the Graduate

Intern’s authority to appear in the case.

5. The Graduate Intern Pilot Project is established

effective upon entry of this order and shall expire on November

30, 2024, unless extended by order of this court.

6. Any government entity that participates in this pilot

project shall file a report, which may be a joint report with

any other entity, on the pilot project’s performance (e.g., the

number of interns and/or matters included in the pilot project).

The report may include a recommendation regarding the long-term

or permanent expansion of RSCH Rule 7 to allow new law school

graduates to temporarily engage in the supervised limited

practice of law and any other information to determine the pilot

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project’s benefits or disadvantages. This report shall be filed

with the clerk of the supreme court by November 1, 2024. The

court further invites any participating government entity to

submit interim reports on matters relevant to the pilot project,

including comments or requested changes, on an ongoing basis.

The court will receive and consider supplemental reports.

7. During the course of this pilot project, the court

invites public comments on all aspects of the pilot project, and

encourages any interested person, or entity to submit comments

on an ongoing basis. The comments may be made in writing to the

Judiciary Communications and Community Relations Office by mail

to 417 South King Street, Honolulu, HI 96813, by facsimile to

808-539-4801, by e-mail to pao@courts.hawaii.gov, or by online

form available at: https://www.courts.state.hi.us/comment-on-

proposed-rules-changes.

8. This pilot project may be terminated, amended, or

further extended by subsequent order.

DATED: Honolulu, Hawai‘i, August 23, 2024.

/s/ Mark E. Recktenwald

/s/ Sabrina S. McKenna

/s/ Todd W. Eddins

/s/ Lisa M. Ginoza

/s/ Vladimir P. Devens

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