Office of Disciplinary Counsel v. Fernandez
This text of Office of Disciplinary Counsel v. Fernandez (Office of Disciplinary Counsel v. Fernandez) 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-11-0000032 18-APR-2011 08:36 AM SCAD-11-0000032
IN THE SUPREME COURT OF THE STATE OF HAWAI'I
OFFICE OF DISCIPLINARY COUNSEL, Petitioner,
vs.
FRANK M. FERNANDEZ, Respondent.
ORIGINAL PROCEEDING
(ODC 07-172-8632, 08-004-8647, 09-016-8739, 09-017-8740,
09-084-8807, 09-085-8808, 09-087-8810, 09-088-8811, 09-089-8812,
09-090-8813, 10-019-8853, 10-020-8854, 10-021-8855, 10-022-8856,
10-023-8857, 10-024-8858, 10-040-8874, 10-056-8890, 10-090-8924,
11-003-8927, 11-004-8928)
ORDER OF INTERIM SUSPENSION
(By: Recktenwald, C.J., Nakayama and Duffy, JJ.,
Circuit Judge Chang in place of Acoba, J., recused and
Circuit Judge Kim, in place of Intermediate Court of Appeals
Chief Judge Nakamura, recused)
Upon consideration of the Office of Disciplinary
Counsel’s petition for the interim suspension of Respondent Frank
M. Fernandez from the practice of law pursuant to Rule 2.23 of the Rules of the Supreme Court of the State of Hawai'i (RSCH), Respondent Fernandez’s memorandum in response to our order to show cause, and the record, it appears Petitioner has presented “sufficient evidence demonstrating that an attorney has committed a violation of the Hawai'i Rules of Professional Conduct and poses a substantial threat of serious harm to the public” and Respondent Fernandez has failed to show good cause as to why his license to practice law in this jurisdiction should not be immediately suspended pending the outcome of disciplinary
proceedings. Therefore,
IT IS HEREBY ORDERED that Respondent Fernandez is
suspended, pursuant to RSCH Rule 2.23(a)(3), pending the outcome
of the disciplinary proceedings and until further order of this
court. This order is effective upon entry. In view of the fact
that some pending complaints date back to 2006, it is the court’s
expectation that the investigation will be completed as
expeditiously as possible.
IT IS FURTHER ORDERED that this order imposing interim
suspension on Respondent Fernandez shall constitute a suspension
of Respondent Fernandez for purposes of RSCH Rule 2.16, and
Respondent Fernandez shall comply with the requirements of that
rule.
IT IS FINALLY ORDERED that the Clerk shall forthwith
distribute a copy of this order to all judges. Distribution may
be by electronic mail.
DATED: Honolulu, Hawai'i, April 18, 2011.
/s/ Mark E. Recktenwald
/s/ Paula A. Nakayama
/s/ James E. Duffy, Jr.
/s/ Gary W.B. Chang
/s/ Glenn J. Kim
Free access — add to your briefcase to read the full text and ask questions with AI
Cite This Page — Counsel Stack
Office of Disciplinary Counsel v. Fernandez, Counsel Stack Legal Research, https://law.counselstack.com/opinion/office-of-disciplinary-counsel-v-fernandez-haw-2011.