Disciplinary Board of the Hawaii Supreme Court v. Miyao
This text of Disciplinary Board of the Hawaii Supreme Court v. Miyao (Disciplinary Board of the Hawaii Supreme Court v. Miyao) is published on Counsel Stack Legal Research, covering Hawaii Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
Electronically Filed Supreme Court SCAD-XX-XXXXXXX 20-MAR-2019 09:23 AM
SCAD-XX-XXXXXXX
IN THE SUPREME COURT OF THE STATE OF HAWAI#I
DISCIPLINARY BOARD OF THE HAWAI#I SUPREME COURT, Petitioner,
vs.
RICHARD T. MIYAO, Respondent.
ORIGINAL PROCEEDING (ODC NO. 17-O-059)
ORDER OF TRANSFER TO INACTIVE STATUS (By: Recktenwald, C.J., Nakayama, Pollack, and Wilson, JJ., and Intermediate Court of Appeals Associate Judge Chan, in place of McKenna, J., recused)
Upon review of the March 8, 2019 petition filed by the
Disciplinary Board of the Supreme Court of the State of Hawai#i,
requesting this court to immediately transfer Respondent
Richard T. Miyao to inactive status, pursuant to Rules 2.19 (b)
of the Rules of the Supreme Court of the State of Hawai#i (RSCH),
we conclude interim transfer to inactive status is warranted.
Therefore,
IT IS HEREBY ORDERED that Respondent Miyao is
immediately transferred to inactive status in this jurisdiction, pursuant to RSCH Rule 2.19(c), effective with the filing of this
order. Respondent Miyao shall remain on inactive status until
further order of this court but may, at his discretion, apply to
this court for a return to active status, pursuant to RSCH Rule
2.19(f), upon submission of evidence that he is fit to resume the
practice of law.
IT IS FURTHER ORDERED that the Office of Disciplinary
Counsel (ODC) shall suspend and hold in abeyance proceedings
against Respondent Miyao to the extent required by RSCH Rule
2.19(h).
IT IS FURTHER ORDERED that ODC shall, within 30 days of
the entry date of this order, submit to this court its opinion as
to whether appointment of a trustee over Respondent Miyao’s legal
practice is warranted, pursuant to RSCH Rule 2.20. Respondent
Miyao may also, within the same time frame, submit any
information or arguments on that issue he may deem appropriate,
for this court’s consideration.
IT IS FURTHER ORDERED that the clerk of the court shall
render the docket in this matter public, but shall, as required
by RSCH Rule 2.19(i), seal all docket entries except for this
instant order and any subsequent final orders transferring
Respondent Miyao to inactive status, or reinstating him to
practice, which shall remain public.
IT IS FURTHER ORDERED that the Disciplinary Board
2 shall, pursuant to RSCH Rule 2.19(d), cause a notice of this
transfer to inactive status to be published in a newspaper of
general circulation in the judicial circuit in which Respondent
Miyao maintained his practice.
IT IS FINALLY ORDERED that the clerk of the court,
pursuant to RSCH Rule 2.19(e), shall transmit a certified copy of
this order to all judges of the State of Hawai#i and shall
request their assistance and such action as may be indicated,
pursuant to RSCH Rule 2.20, to protect the interests of both
Respondent Miyao and his clients.
DATED: Honolulu, Hawai#i, March 20, 2019.
/s/ Mark E. Recktenwald
/s/ Paula A. Nakayama
/s/ Richard W. Pollack
/s/ Michael D. Wilson
/s/ Derrick H.M. Chan
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