Rule 20 - INITIATION OF FORMAL DISCIPLINARY PROCEEDING(a)Petition for Discipline; Notice. A Formal Disciplinary Proceeding shall be commenced by Counsel's Filing of a Petition for Discipline with the Filing Clerk after review and approval by the Board Chairperson. The Petition for Discipline shall name the ODC as the Petitioner and shall be sufficiently clear and specific to inform the Respondent of the alleged ethical violations. Counsel shall attach a notice to the Petition for Discipline stating the name and address of Counsel and notifying the Respondent to file a written answer with the Filing Clerk within 20 days after service and to serve a copy upon Counsel.
(b)Service; Notification. Counsel shall serve a copy of the Petition for Discipline upon the Respondent as provided by RSCH 2.11(a) and shall notify the Respondent's employer, where applicable, as required by RSCH 2.7(c). Counsel also shall notify the Complainant that a Petition for Discipline has been filed, and the Complainant shall be provided a copy of such Petition when it is no longer confidential pursuant to RSCH 2.22(a)(7).
(c)Answer; Admission for Failing to Answer. Every defense, in law or fact, may be asserted in the answer, including circumstances in mitigation. Allegations in the Petition for Discipline are admitted if not denied in the answer or if no answer is filed. If the Respondent fails to answer, the Record of Formal Disciplinary Proceeding shall be transmitted directly to a Hearing Officer or Hearing Committee for review and disposition in accordance with RSCH 2.7(c).
(d)Amended Petition for Discipline; Service; Time to Answer. Counsel may amend a Petition for Discipline to add additional allegations at any time with approval from a Reviewing Board Member. Service and the allowable time for answering an amended Petition for Discipline shall be the same as for an original Petition for Discipline.(e) Pleadings. Only pleadings or motions ordered by a Hearing Officer, a Hearing Committee chairperson, or expressly permitted by the RSCH or these rules may be filed by the Parties.(f)Stipulation. If Counsel and the Respondent file a stipulation with the Board setting forth facts relevant to a determination of the matter, the disciplinary violations that serve as grounds for discipline, and an agreement as to the recommended form of discipline, the Record of Formal Disciplinary Proceeding shall be transmitted directly to the Board for review and disposition in accordance with RSCH 2.7(e). The proceedings before any Hearing Officer or Hearing Committee appointed prior to the Filing of the stipulation shall be suspended pending the Board's decision.(g) Hawai'i Court Records Rules. All Documents submitted for filing may be subject to public disclosure in accord with RSCH Rule 2.22 and, therefore, shall comply with that rule and the Hawai'i Court Records Rules ("HCRR"). Further, to the extent not inconsistent with HCRR: (i)Personal Information. HCRR defined account numbers and personal information shall be redacted, and need not be accompanied by the filing of unredacted copies under seal, unless otherwise ordered by the formal/reinstatement hearings officer ("F/RHO"), Board, or Court.(ii)Information confidential by statute or rule. Information that is confidential by statute or court rule (other than RSCH Rule 2.22) shall be filed under seal, with a "Fly Sheet" as defined by HCRR Rule 9.3.(iii)Request to seal. A request to seal information that is not confidential by statute or court rule shall be resolved by order of the F/RHO when the information is first proffered. Denial of a request to seal does not modify the application of RSCH 2.22. Any order granting a request to seal shall comply with the standards for sealing court records.(iv)Duty to redact/seal. The initial proponent of the document has the duty of compliance with HCRR. Other documents, such as transcripts of hearings, shall require a joint effort by the parties, subject to the order of the F/RHO as required.(v)Redacted substantive documents. Unless otherwise ordered by the F/RHO, within 14 days of a filing pursuant to paragraph (ii) or of an order granting a request to seal pursuant to paragraph (iii), the filing party shall file a redacted version of the document that may become publicly accessible consistent with RSCH 2.22. Amended December 13, 2012, further amended August 3, 2020, effective 7/30/2020.