Opinion
23417
October 2, 2003.
(ODC 00-010-6356 and ODC 01-248-6992)
ORDER ALLOWING RESIGNATION FROM THE PRACTICE OF LAW IN LIEU OF DISCIPLINE (By: Moon, C.J., Levinson, Nakayama, Acoba, and Duffy, JJ.)Charles H. Hite for petitioner on the motion
PRACTICE OF LAW IN LIEU OF DISCIPLINE
Upon consideration of Petitioner Office of Disciplinary Counsel's (Petitioner ODC) "Second Ex Parte Motion for Order Granting Request of Stacy Moniz to Resign from the Practice of Law in Lieu of Discipline," filed September 11, 2003, the supporting affidavits, declarations, exhibits, and the record, it appears that Respondent Stacy Moniz's (Respondent Moniz) supporting affidavit meets the requirements of Rule 2.14(a) of the Rules of the Supreme Court of Hawai`i (RSCH). Respondent Moniz admits, among other things, that he violated the following Hawaii Rules of Professional Conduct (HRPC):
• HRPC Rule 1.15(c) (prohibiting a lawyer from commingling funds belonging to a client or third person with his or her own funds);
• HRPC Rule 1.15(c) (prohibiting a lawyer from misappropriating funds belonging to a client or third person to his or her own use and benefit);
• HRPC Rule 1.15(e) (prohibiting a non-lawyer from being an authorized signatory on a lawyer's client trust account);
• HRPC Rule 8.4(a) (providing that it is professional misconduct for a lawyer to violate or attempt to violate the HRPC);
• HRPC Rule 8.4(b) (providing that it is professional misconduct for a lawyer to commit a criminal act that reflects adversely on the lawyer's honesty, trustworthiness or fitness as a lawyer in other respects); and
• HRPC Rule 8.4(c) (providing that it is professional misconduct for a lawyer to engage in conduct involving dishonesty, fraud, deceit or misrepresentation)
Therefore,
IT IS HEREBY ORDERED that Petitioner ODC's motion is granted and Respondent Moniz's request to resign in lieu of discipline is granted, effective thirty (30) days after entry of this order. See RSCH Rule 2.14(d); RSCH Rule 2.16(c).
IT IS FURTHER ORDERED that (1) the Clerk of the Supreme Court of Hawai`i shall remove Respondent Moniz's name from the role of attorneys licensed to practice law in this jurisdiction and (2) within thirty (30) days after entry of this order, Respondent Moniz shall submit to the Clerk of the Supreme Court of Hawai`i the original certificate evidencing his license to practice law in this jurisdiction.
IT IS FINALLY ORDERED that (1) Respondent Moniz shall comply with the requirements of RSCH Rule 2.16, (2) the Disciplinary Board shall provide notice to the public and judges, as RSCH Rule 2.16 requires, and (3) the May 23, 2000 order restraining Respondent Moniz from the practice of law pursuant to RSCH Rule 2.13(b) shall remain in effect until the effective date of this order allowing Respondent Moniz's resignation in lieu of discipline.