Disciplinary Board of the Hawaii Supreme Court v. Fosbinder

• Court: Hawaii Supreme Court
• Decided: October 24, 2014
• Docket: SCAD-14-0001039
• Status: Published

Opinion

Electronically Filed Supreme Court SCAD-14-0001039 24-OCT-2014 12:35 PM SCAD-14-0001039

IN THE SUPREME COURT OF THE STATE OF HAWAI'I

DISCIPLINARY BOARD OF THE HAWAI'I SUPREME COURT,

Petitioner,

vs.

JAMES H. FOSBINDER,

Respondent.

ORIGINAL PROCEEDING

(ODC 14-005-9148, 14-006-9149,

14-007-9150, 14-008-9151, 14-009-9152)

ORDER (By: Recktenwald, C.J., Nakayama, McKenna, Pollack, and Wilson, JJ.)

Upon consideration of the October 9, 2014 submission by

the Disciplinary Board of the Supreme Court of the State of

Hawai'i, this court concludes attorney James H. Fosbinder is

incapacitated by reason of a physical or mental infirmity which

makes it impossible for him to defend himself adequately in

disciplinary proceedings or to continue the practice of law.

Therefore,

IT IS HEREBY ORDERED that the September 12, 2014 order

of this court is confirmed, to wit, that attorney Fosbinder shall

remain on involuntary inactive status until further order of this court, pursuant to Rule 2.19(c) of the Rules of the Supreme Court

of the State of Hawai'i (RSCH).

IT IS FURTHER ORDERED that the Office of Disciplinary

Counsel shall hold all pending disciplinary proceedings against

attorney Fosbinder in abeyance until such time as attorney

Fosbinder successfully petitions this court to regain his active

license to practice law.

IT IS FINALLY ORDERED that, although the record in the

instant proceedings are, and shall remain, confidential, this

order shall be a matter of public record, pursuant to RSCH Rule

2.22(f).

DATED: Honolulu, Hawai'i, October 24, 2014.

/s/ Mark E. Recktenwald

/s/ Paula A. Nakayama

/s/ Sabrina S. McKenna

/s/ Richard W. Pollack

/s/ Michael D. Wilson