Office of Disciplinary Counsel v. Fujiyama

• Court: Hawaii Supreme Court
• Decided: November 6, 2013
• Docket: SCAD-13-0003586
• Status: Published

Opinion

Electronically Filed Supreme Court SCAD-13-0003586 06-NOV-2013 11:39 AM SCAD-13-0003586

IN THE SUPREME COURT OF THE STATE OF HAWAI'I

OFFICE OF DISCIPLINARY COUNSEL,

Petitioner,

vs.

CHRISTOPHER M. FUJIYAMA,

Respondent.

ORIGINAL PROCEEDING

(ODC 13-031-9101)

ORDER GRANTING PETITION

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

Upon consideration of the petition for the immediate

restraint of Respondent Christopher M. Fujiyama from the practice

of law pursuant to Rule 2.13 of the Rules of the Supreme Court of

the State of Hawai'i (RSCH) filed on September 25, 2013 by the

Office of Disciplinary Counsel (ODC) pursuant to RSCH Rule

2.13(a), the affidavit and exhibits attached thereto, the

September 27, 2013 response filed by Respondent Christopher M.

Fujiyama, the exhibit accompanying Respondent Fujiyama’s

submission, the October 3, 2013 submission by ODC in reply to

Respondent Fujiyama’s submission, and the October 7, 2013

“sur-reply” filed by Respondent Fujiyama, the court notes the

proof of the finding of guilt in the United States District Court

for the District of Hawai'i of Respondent Fujiyama for

trafficking in counterfeit goods, in violation of 18 U.S.C.

§ 2320(a) would be, pursuant to 18 U.S.C. § 2320(b) and HRS

§ 701-107(2) (Supp. 2005), a felony were it a conviction in

Hawai'i state courts and further that the conviction is for a

crime involving dishonesty or false statements. The court notes

Respondent Fujiyama’s cooperative and responsible attitude since

his conviction, including his self-reporting of his conviction to

ODC, but concludes, pursuant to RSCH Rules 2.13(a)(2), 2.13(a)(3)

and 2.13(c), Respondent Fujiyama’s restraint from the practice of

law is warranted during the pendency of the disciplinary

proceedings against him. Finally, the court notes that, in his

submission, Respondent Fujiyama requests that formal proceedings

be instituted forthwith. Therefore,

IT IS HEREBY ORDERED that Respondent Fujiyama is

restrained from the practice of law, pursuant to RSCH Rule

2.13(b), said suspension constituting a suspension for the

purposes of RSCH Rule 2.16 during the pendency of the

disciplinary proceedings and, therefore, shall be effective 30

days from the entry date of this order, pursuant to RSCH Rule

2.16(c).

IT IS FURTHER ORDERED that Respondent Fujiyama shall

file an affidavit of compliance with his suspension within 10

days after the effective date of his suspension, pursuant to RSCH

Rule 2.16(d).

IT IS FURTHER ORDERED that ODC shall file proof of the

finding of guilt, and any other related documents it deems

relevant, with the Disciplinary Board of the Supreme Court as

required by RSCH Rule 2.13(a), file in the docket of this case

proof of that filing, and refer the Board to the provisions of

RSCH Rule 2.13(d) for the prompt institution of a formal

disciplinary proceeding pursuant to RSCH Rules 2.7 and 2.13(d).

DATED: Honolulu, Hawai'i, November 6, 2013.

/s/ Mark E. Recktenwald /s/ Paula A. Nakayama /s/ Simeon R. Acoba, Jr. /s/ Sabrina S. McKenna /s/ Richard W. Pollack