RULES OF THE
SUPREME COURT
OF THE
STATE OF HAWAI‘I
Adopted and Promulgated by
the Supreme Court
of the State of Hawai‘i
As amended April 16, 1984
Effective June 1, 1984
With Amendments as Noted
The Judiciary
State of Hawai‘i
RULES OF THE SUPREME COURT
OF THE STATE OF HAWAI‘I
Table of Contents
Rule 1. ADMISSION TO THE BAR
1.1. Authority of Hawai‘i Supreme Court
1.2. Board of Examiners
(a) Composition and Reimbursement
(b) Officers of the Board
(c) Duties
(d) Governance
1.3. Requirements for admission
(a) Applications
(b) Legal Education or Experience Requirements
(c) Good Character and Fitness
(d) Investigation of Applications
(e) Review of Adverse Recommendations as to Good Character and Fitness
(f) Non-Standard Testing Accommodations
(g) Examinations
(h) Child Support Enforcement
(i) Student Loan Enforcement
1.4. Fees
1.5. Oath and admission
(a) Deadline for Admissions
1.6. Attorney's license, form of
1.7. Limited admission of military attorneys
(a) Full-time active duty officers
(b) Term limitation; extensions
(c) Client and compensation limitation
(d) Discipline; dues
1.8. Law school faculty members; Pro tem membership
1.9. Pro hac vice appearance of counsel
1.10. Resignation from the bar while in good standing
1.11. Readmission after resignation
1.12. Immunity
1.13. Specialization
(a) Petition for Certificate of Specialization
(b) Contents of Petition
(c) Nature of Proceeding; Filing Fee
(d) Form of Certificate
(e) Limitations
(f) Revocation of Certification
(g) Renewal
1.14. Mandatory professionalism course
(a) Professionalism Course
(b) Proof of Compliance
(c) Administrative Suspension
(d) Reinstatement
(e) Fees
Rule 2. DISCIPLINARY RULES
2.1. Jurisdiction
2.2 Grounds for discipline
2.3. Types of discipline
2.4. Disciplinary board
2.5. Hearing committees
2.6. Disciplinary counsel
2.7. Procedure
(a) Investigation
(b) Minor misconduct
(c) Formal hearing
(d) Review by Board and Supreme Court
(e) Elimination or suspension of hearing proceedings
2.8. Immunity
2.9. Refusal of complainant to proceed, compromise, etc.
2.10. Matters involving related pending civil or criminal litigation
2.11. Service
2.12. Power to subpoena respondents and witnesses; pretrial proceedings
2.12A. Failure to cooperate
2.13. Attorneys convicted of crimes
2.14. Resignation in lieu of discipline or disbarment by consent of attorneys under disciplinary investigation or prosecution
2.15. Reciprocal Action
2.16. Disbarred or suspended attorneys
2.17. Reinstatement
2.18. Deleted
2.19. Proceedings where an attorney is declared to be incompetent or is alleged to be incapacitated
2.20. Trustee proceedings
(a) Grounds for appointment of trustee
(b) Confidentiality
(c) Duties of trustees
(d) Disposition of unclaimed files
2.21. Deleted
2.22. Confidentiality
2.23. Interim suspension
2.24. Audit of trust accounts
(a) When audit may be ordered
(b) Random audits
(c) Examination of other financial accounts
(d) Cost of audit
2.25. Deleted
2.26. Effective date
Rule 3. ATTORNEY AND CLIENT FIDUCIARIES
Rule 4. JUDICIAL COUNCIL
(a) Appointment
(b) Functions
(c) Continuing functions
(d) Quorum
Rule 5. JUDICIAL CONDUCT CODE
Rule 5.1. ELECTRONIC AND PHOTOGRAPHIC COVERAGE OF COURT PROCEEDINGS
(a) Reserved
(b) Reserved
(c) Definitions
(d) General provisions and exclusions
(e) Request for extended coverage
(f) Standard for consent to extended coverage
(g) Restrictions on extended coverage
(h) Procedure for extended coverage
Rule 5.2. TECHNICAL GUIDELINES TO BE FOLLOWED WHEN EXTENDED COVERAGE IS PERMITTED UNDER RULE 5.1
(a) Equipment and personnel
(b) Sound and light criteria
Rule 6. LAWYER'S PROFESSIONAL BUSINESS ORGANIZATIONS
(a) Compliance with this rule and applicable statutes
(b) Name
(c) Limitation to the practice of law
(d) Shares; ownership and transfer
(e) Directors
(f) Officers
(g) Financial responsibility
(1) Liability notice
(2) General rule on liability
(3) Unacceptable errors and omissions coverage
(h) Compliance with law and rules of court
(i) Attorney-client relationship unchanged
(j) Discipline and enforcement
Rule 7. SUPERVISED STUDENT-PRACTICE OF LAW
7.1. Definitions
7.2. Activities of law student interns
7.3. Qualification procedures for law student interns
7.4. Duration of law student intern authorization and compensation limitations
7.5. Other law student intern activities
7.6. Supervision of law student practice
7.7. Miscellaneous
Rule 8. JUDICIAL DISCIPLINE
8.1. Organization of commission
(a) Membership; chairperson
(b) Terms
(c) Compensation
(d) Quorum; number of votes for action
(e) Meetings
(f) Annual report
(g) Non-participation by members
8.2. Jurisdiction and powers of commission
(a) Powers in general
(b) Persons subject to discipline
(c) Jurisdiction of commission
(d) Subpoena and discovery
(e) Rules of procedure and forms
8.3. Immunity
8.4. Confidentiality
(a) In general
(b) Disclosure
(c) Public statements by commission
8.5. Grounds for discipline
(a) In general
(b) Proceedings not substitute for appeal
8.6. Complaint procedure
(a) Initiation of procedure
(b) Privilege
(c) Discretionary notice
(d) Screening of complaints
(e) Mandatory notice
(f) Preliminary investigation and evaluation
(g) Determination
(h) Insufficient cause to proceed
8.7. Appointment of special counsel
8.8. Determination on report of special counsel
8.9. Formal hearing
(a) Complaint or statement
(b) Answer
(c) Termination after answer
(d) Notice of hearing
(e) Presentation; cross-examination; evidence
(f) Findings and recommendations
8.10. Review by Supreme Court
8.11. Charge against supreme court justice
8.12. Interim sanctions
(a) Suspension for felony
(b) Suspension for misdemeanor
(c) Misdemeanor suspension review
(d) Other interim suspension
(e) Disability suspension
8.13. Special provisions for cases involving mental or physical disability
(a) Procedure
(b) Representation by counsel
(c) Medical privilege
8.14. Involuntary retirement
(a) Procedure
(b) Effect of involuntary retirement
8.15. Advisory Opinions
(a) Rendering Opinions
(b) Who May Request; Types of Opinions
(i) Informal Written Opinions
(ii) Formal Written Opinions
(iii) Discussions
(c) Use and Effect
(d) Modification
Rule 9. TIME LIMITS FOR DISPOSITION
Rule 10. LAWYERS' FUND FOR CLIENT PROTECTION
10.1. Purpose; trustees; administration
(a) Purpose; definition of "dishonest conduct"
(b) Appointment of trustees
(c) Organization; meetings
(d) Rules
(e) Reimbursement
10.2. Deleted
10.3. Payment of claims
(a) Eligible claims
(b) Nonreimbursable losses
(c) Discretion of trustees
(d) Consideration of trustees
(e) Limitation on payments
(f) Rights to fund
(g) Conditions of payment
(h) Attorney's fee
(i) Investments
10.4. Powers and duties of the trustees
10.5. Claims for reimbursement
(a) Application
(b) Investigation
(c) Report
(d) Action by trustees upon report
(e) Notice of determination
10.6. Subpoenas; noncompliance
10.7. Subrogation for reimbursement made
(a) Subrogation; legal action by Fund
(b) Direct action by claimant
(c) Claimant's right to amounts in excess of subrogated amount
(d) Written agreement by claimant prior to receipt of payments
10.8. Confidentiality
(a) General rules of confidentiality
(b) Exchange of information and sharing of investigative and administrative resources with Disciplinary Board
(c) Communication with the claimant and the attorney claimed against
(d) Public statements by trustees
10.9. Immunity
10.10. Automatic suspension
Rule 11. INTEREST-BEARING TRUST ACCOUNTS PROGRAM
(a) Purpose
(b) Required participation
(c) Administration
(1) Deposits of clients' funds
(2) IOLTA trust accounts
(3) Non-IOLTA client trust accounts
(d) Use of funds derived from IOLTA trust accounts
(e) Exemptions
(f) Attorney filings and records
(1) Attorney filings
(2) Records
(g) Implementation
Rule 12. SUPREME COURT LAW LIBRARY
(a) Availability
(b) Regulations
(c) Withdrawals
(d) Penalties
Rule 13. REPEALED
Rule 14. LICENSING OF FOREIGN LAW CONSULTANTS
14.1. Eligibility
14.2. Applications
14.3. Hardship waiver
14.4. Scope of practice
14.5. Jurisdiction and Requirements
Rule 15. JUDICIAL FINANCIAL DISCLOSURE
(a) Filing of annual financial disclosure statement
(b) Time for filing
(1) Extensions of Time
(2) Monitoring by Chief Clerk
(c) Imposition of discipline for untimely or incomplete statements
(d) Matters to be disclosed
(e) Disclosure of amounts by range; number of stock shares
(f) Short form statement
(g) Statements open to public inspection
(h) Filing of statement not to limit ethical responsibilities of a judge
Rule 16. ATTORNEYS AND JUDGES ASSISTANCE PROGRAM
16.1. Purpose; scope
16.2. Attorneys and Judges Assistance Program Board
16.3. The director
16.4. Voluntary program
16.5. Intervention program
16.6. Confidentiality; privilege not to disclose
16.7. Immunity
16.8. Deleted
Rule 17. THE HAWAI‘I STATE BAR
(a) Creation, name and status
(b) Purposes and powers
(c) Membership and classes of members
(d) Member registration, information, assessment, suspension and status
(1) Member registration
(2) Information to Disciplinary Counsel
(3) Dues, fees and charges
(i) Hawai‘i State Bar dues
(ii) Disciplinary Board fee
(iii) Lawyers' Fund for Client Protection fee
(iv) Attorneys and Judges Assistance Program fee
(4) Administrative suspension
(5) Reinstatement
(6) Exemptions
(i) Judges' exemption
(ii) Government attorneys' exemption
(iii) "Inactive" members' exemption
(7) Proof of payment
(8) Inactive status
(9) Return from inactive status
(e) Composition, powers and responsibilities of governing body