HOUSE OF REPRESENTATIVES

H.C.R. NO.

181

TWENTY-FOURTH LEGISLATURE, 2007

 

STATE OF HAWAII

 

 

 

 

 

HOUSE CONCURRENT

RESOLUTION

 

 

requesting the Office of Consumer Protection to establish a task force to review the processes, procedures, and the funding mechanisms of the Office of Disciplinary Counsel.

 

 


     WHEREAS, the Office of Disciplinary Counsel (ODC) was formed by the Hawaii Supreme Court to investigate complaints against Hawaii lawyers as part of the Disciplinary Board of the Hawaii Supreme Court; and

 

     WHEREAS, ethical issues and violations of the various rules applying to lawyers are the complaints most often pursued by the ODC; and

 

     WHEREAS, in both 2005 and in 2006, the Hawaii Supreme Court took action against sixteen attorneys as a result of the investigations of the ODC; and

 

     WHEREAS, the Hawaii State Bar Association has praised these enforcement actions, noting that the suspensions and disbarments are a reminder of the high professional standards that attorneys have set for themselves; and

 

     WHEREAS, while the ODC does provide a valuable service to Hawaii residents who may have suffered from the actions or inactions of an attorney, the information collected as part of an investigation is not generally available to the public; and

 

     WHEREAS, as a result of the lack of access to information, it is difficult to determine if the investigations of the ODC are undertaken and completed in a timely manner; now, therefore,

 

     BE IT RESOLVED by the House of Representatives of the Twenty-fourth Legislature of the State of Hawaii, Regular Session of 2007, the Senate concurring, that the Office of Consumer Protection is requested to establish a task force to review the processes, procedures, and the funding mechanisms of the ODC; and

 

     BE IT FURTHER RESOLVED that the task force should consist of nine members as follows:

 

     (1)  Two members appointed by the President of the Senate, at least one of whom shall be a consumer who has filed a complaint with the ODC;

 

     (2)  Two members appointed by the Speaker of the House of Representatives, at least one of whom shall be a consumer who has filed a complaint with the ODC;

 

     (3)  One member appointed by the Chief Justice;

 

     (4)  One member appointed by the Governor;

 

     (5)  One member appointed by the Director of the Office of Information Practices;

 

     (6)  One member appointed by the Hawaii State Bar Association; and

 

     (7)  The Executive Director of the Office of Consumer Protection, who shall serve as the Chair of the task force; and

 

     BE IT FURTHER RESOLVED that as part of its review, the task force is requested to determine and make recommendations on the following:

 

     (1)  What information related to ODC deliberations should be made available to the public;

 

     (2)  Whether the Judiciary is the appropriate agency to house the ODC, and if not, what agency would be more appropriate;

 

     (3)  Whether the ODC is adequately funded and staffed, and if not:

 

          (A)  What additional monetary and other resources are      necessary; and

 

          (B)  Identification of alternative funding mechanisms,    if appropriate; and

 

     (4)  Any additional recommendations that would increase public access to the ODC; and

 

     BE IT FURTHER RESOLVED that the Office of Consumer Protection is requested to report to the Legislature on the findings and recommendations of the task force, including any proposed legislation, no later than twenty days prior to the convening of the Regular Session of 2008; and

 

     BE IT FURTHER RESOLVED that certified copies of this Concurrent Resolution be transmitted to the:

 

     (1)  President of the Senate;

 

     (2)  Speaker of the House of Representatives;

 

     (3)  Chief Justice;

 

     (4)  Governor;

 

     (5)  Director of the Office of Information Practices;

 

     (6)  Hawaii State Bar Association; and

 

     (7)  Executive Director of the Office of Consumer Protection.

 

 

 

 

OFFERED BY:

_____________________________

 

 

Report Title: 

Office of Disciplinary Counsel; Task Force Review