R. Discip. Brd. 11

As amended through June 28, 2024
Rule 11 - GRIEVANCES
(a)Against Counsel or Attorney Board Members. Grievances alleging a violation of the Hawai'i Rules of Professional Conduct against Attorney members of the Board or Counsel shall be handled as follows:
(i) The original Grievance shall be immediately forwarded to the Board Chairperson for initial review and analysis.
(ii) If a Grievance is filed against the Board Chairperson, the reviewer shall be the Vice Chairperson and, upon the absence, disability, or disqualification of the Vice Chairperson, the Secretary shall undertake the duties of the Chairperson described above.
(iii) If the reviewer determines that:
(A) a Grievance falls outside the jurisdiction of the Board pursuant to RSCH 2;
(B) sufficient information is not contained in a Grievance to allow a meaningful investigation; or
(C) a finding of an ethical violation and the imposition of discipline is not likely to occur, the reviewer shall notify the Complainant that no investigation will be undertaken.
(iv) If the reviewer determines that:
(A) a Grievance falls within the jurisdiction of the Board pursuant to RSCH 2;
(B) sufficient information is contained in a Grievance to allow a meaningful investigation; or
(C) a finding of an ethical violation and the imposition of discipline may occur, the reviewer shall appoint an Attorney =Hearing Committee Members to serve as a Special Assistant Disciplinary Counsel to conduct the investigation.
(v) In investigating the Complaint, the Special Assistant Disciplinary Counsel shall request written and oral input from the Complainant and the Respondent as necessary. The Special Assistant Disciplinary Counsel may not use the services of attorneys, paralegals, or investigators employed by the ODC to investigate the matter.
(vi) Based on information acquired during the investigation, the Special Assistant Disciplinary Counsel shall prepare and forward to the reviewer a summation of the file and a recommended disposition of the matter in the format required by DBR 16.
(vii) The reviewer shall affirm or modify the recommendation of the Special Assistant Disciplinary Counsel or remand the matter to the Special Assistant Disciplinary Counsel for further investigation.
(viii) If the reviewer dismisses the matter, the Complainant and the Respondent shall be notified.
(ix) If the reviewer's decision is that a Private Informal Admonition should be imposed, the reviewer shall impose the Private Informal Admonition in accordance with DBR 25.
(x) If the reviewer decides that a Formal Disciplinary Proceeding should be commenced, the Special Assistant Disciplinary Counsel shall present the case pursuant to RSCH 2.7(c), (d), and (e).
(xi) Upon final completion of the investigation or proceeding, all files in the case shall be forwarded to the ODC, which shall maintain a permanent record of the matter in accordance with DBR 33.
(b)Against Hearing Officers or Hearing Committee Members. Grievances against Hearing Officers or Hearing Committee members shall be handled in accordance with the DBR Rules contained in Section IV below.

R. Discip. Brd. 11