Office of Disciplinary Counsel v. Brawley
This text of Office of Disciplinary Counsel v. Brawley (Office of Disciplinary Counsel v. Brawley) 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-14-0001131 26-SEP-2014 10:22 AM SCAD-14-0001131
IN THE SUPREME COURT OF THE STATE OF HAWAI'I
OFFICE OF DISCIPLINARY COUNSEL,
Petitioner,
vs.
CHERYL R. BRAWLEY,
Respondent.
ORIGINAL PROCEEDING
(ODC 14-049-9192)
ORDER ALLOWING RESIGNATION IN LIEU OF DISCIPLINE
(By: Recktenwald, C.J., Nakayama, McKenna, Pollack, and Wilson, JJ.)
Upon consideration of the Office of Disciplinary
Counsel (ODC)’s petition for an order granting the request of
attorney Cheryl R. Brawley to resign from the practice of law in
lieu of discipline, and the memorandum, affidavits, and exhibits
attached in support thereof, we note the petition is supported
by Respondent Brawley’s affidavit which meets the requirements
of Rule 2.14(a) of the Rules of the Supreme Court of the State
of Hawai'i (RSCH). We further note Respondent Brawley admits to
failing to maintain a business account for her practice,
withdrawing client funds for her own use and benefit before
earning them, failing to keep client funds in trust until
earned, misrepresenting material facts to ODC during its
investigation, and creating a false deposit slip in support of
those misrepresentations, in violation of Rules 1.15(a)(2),
1.15(c), and 1.15(d) of the Hawai'i Rules of Professional
Conduct (HRPC) (1994) and HRPC Rule 8.4(c) (2014). Therefore,
IT IS HEREBY ORDERED, pursuant to RSCH Rule 2.14, that
the petition is granted and Respondent Cheryl R. Brawley’s
request to resign in lieu of discipline is granted.
IT IS FURTHER ORDERED that the resignation shall
become effective 30 days after the date of this order, as
provided by RSCH Rules 2.14(d) and 2.16(c).
IT IS FURTHER ORDERED that (1) the Clerk shall remove
Respondent Brawley’s name from the role of attorneys licensed to
practice law in this jurisdiction and (2) within thirty days
after entry of this order, Respondent Brawley shall submit to
the Clerk of this court the original certificate evidencing her
license to practice law in this jurisdiction or an affidavit
establishing good cause for her failure to do so.
IT IS FURTHER ORDERED that (1) Respondent Brawley
shall comply with the requirements of RSCH Rule 2.16 and (2) the
Disciplinary Board of the Supreme Court of the State of Hawai'i
shall provide notice of the disbarment as required by RSCH Rule
2.16(e) and (f).
IT IS FINALLY ORDERED that Respondent Brawley shall
bear the costs of these proceedings upon the timely submission
by ODC of a verified bill of costs, as authorized by RSCH Rule
2.3(c).
DATED: Honolulu, Hawai'i, September 26, 2014.
/s/ Mark E. Recktenwald
/s/ Paula A. Nakayama
/s/ Sabrina S. McKenna
/s/ Richard W. Pollack
/s/ Michael D. Wilson
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