THE PURPOSE OF LAWYER DISCIPLINE

The lawyer discipline system consists of the ODC, a Disciplinary Board appointed by the Hawai`i Supreme Court, and the Court itself.  The ODC investigates and prosecutes ethical misconduct claims against attorneys; the Disciplinary Board adjudicates claims and may impose discipline in some instances; the Supreme Court considers the recommendations of the Disciplinary Board in the most serious cases and can suspend and disbar attorneys.  The system is designed to protect the public and the integrity of the judicial process and the courts.

 

The forms of discipline that may be imposed upon a lawyer for unethical conduct are: private informal admonition; private formal admonition; private reprimand; public reprimand; public censure; suspension for a specified period of time; and disbarment.  The specific discipline imposed will depend upon the nature of the offense, the severity of the lawyer's actions, prior discipline, and other factors.