Disciplinary Board of the Hawai'i Supreme Court v. Miyao

CourtHawaii Supreme Court
DecidedFebruary 23, 2021
DocketSCAD-19-0000144
StatusPublished

This text of Disciplinary Board of the Hawai'i Supreme Court v. Miyao (Disciplinary Board of the Hawai'i 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.

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Disciplinary Board of the Hawai'i Supreme Court v. Miyao, (haw 2021).

Opinion

Electronically Filed Supreme Court SCAD-XX-XXXXXXX 23-FEB-2021 08:11 AM Dkt. 52 ORD

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 (By: Recktenwald, C.J., Nakayama, Wilson, and Eddins, JJ., and Intermediate Court of Appeals Associate Judge Wadsworth, in place of McKenna, J., recused)

Upon consideration of the February 16, 2021 motion,

filed by Bradley Tamm, as Trustee Administrator at the Office of

Disciplinary Counsel (ODC), for permission from this court to

apply the provisions of Rule 2.20(h)(7) of the Rules of the

Supreme Court of the State of Hawai#i (RSCH) (2021) to the

remaining, unclaimed client files from the law practice of

attorney Richard T. Miyao, and upon a review of the record in

this matter, we conclude that, in light of the successful efforts

undertaken to notify former clients of the existence of client files and of the necessity of retrieving those files, no further

purpose would be served by retaining the remaining, unclaimed

files pursuant to RSCH Rule 2.20(d)(1984). Therefore,

IT IS HEREBY ORDERED that Trustee Administrator Tamm

may apply the provisions of RSCH Rule 2.20(h) (2021) as

appropriate to ensure the proper retention of legally operative

original documents and other items of value from the files, and

the secure destruction of the remaining materials.

DATED: Honolulu, Hawai#i, February 23, 2021.

/s/ Mark E. Recktenwald

/s/ Paula A. Nakayama

/s/ Michael D. Wilson

/s/ Todd W. Eddins

/s/ Clyde J. Wadsworth

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