ADMISSION TO THE BAR

1.1. Authority of Hawaiʻi Supreme Court. The Hawaiʻi Supreme Court (Supreme Court) shall appoint a Board of Examiners (Board) to administer the process of admission to the bar of the state. Nothing in this rule, however, shall be construed to alter or limit the ultimate authority of the Supreme Court to oversee and control the privilege of the practice of law in this state. 1.2. Board of Examiners. (a) Composition and Reimbursement. Members of the Board shall be appointed for staggered three-year terms by the Supreme Court from nominations submitted by the Nominating Committee of the Hawaiʻi Supreme Court. Members of the Board shall not receive compensation for their services but may be reimbursed for travel and other expenses incidental to the performance of their duties. (b) Officers of the Board. The Supreme Court shall appoint a chairperson and vice-chairperson of the Board from its members. The Clerk of the Supreme Court (Clerk) shall be the secretary to the Board and the Clerk’s office shall furnish administrative and clerical assistance to the Board. (c) Duties. The Board shall examine the qualifications of each applicant, his or her knowledge of legal ethics, and his or her moral character, and shall administer a written examination. The record of the examination shall be filed with the Clerk and the Board shall report its recommendations to the Supreme Court which shall make the final decision for all admissions to the bar. (d) Governance. The Board shall promulgate procedural rules within the scope of its powers and authority, subject to the approval of the Supreme Court. All decisions of the Board shall be made in accordance with the procedural rules promulgated by the Board. The chairperson of the Board may appoint committees and subcommittees to assist the Board in fulfilling its responsibilities under this rule. The Board may delegate its authority to act to the chairperson, or to its committees or subcommittees, provided that a majority of the members of the Board concurs with the delegation of authority. (Amended April 8, 2002, effective July 1, 2002.) 1.3. Requirements for admission. (a) Applications. (1) Each applicant for admission to the bar shall file either: (i) a verified, typewritten or machine printed application with the Clerk on the forms furnished by the Board in accordance with Board’s Rules of Procedure or (ii) a completed electronic application through the Judiciary Electronic Filing System. (2) At a minimum, the forms shall require the applicant to submit: (i) his or her name and date of birth, (ii) his or her last place of residence, (iii) the character and term of his or her study, (iv) the institution of law from which he or she graduated and with what degree, (v) the names of all courts to which he or she has made applications to practice, (vi) the dates of applications to practice, (vii) the dates of examinations and the dates of admission to practice, (viii) whether he or she has been the subject of any investigation or proceeding for professional misconduct, (ix) whether he or she has ever been rejected upon an application to practice before any court, and (x) information required by the Board that relates to the applicant’s character and fitness to practice law. (b) Legal Education or Experience Requirements. (1) Unless otherwise provided by this rule, to be eligible for examination and admission to the bar, each applicant shall have graduated from a law school accredited by the Council of the American Bar Association on Legal Education and Admission to the Bar (accredited law school) with a J.D. or L.L.B. degree. The applicant shall have his or her first professional legal degree (J.D. or L.L.B.) from an accredited law school to satisfy the legal education requirement. A graduate degree in law (L.L.M., M.C.L., S.J.D.) is not a satisfactory substitute for the J.D. or L.L.B. degree. (2) An attorney who is not a graduate of an accredited law school but who is admitted to practice before the highest court of another state, a territory, or the District of Columbia, shall be eligible for examination and admission, provided that he or she has actively practiced law in such state, territory or the District of Columbia for five of the six years immediately preceding his or her application. (3) An attorney admitted to practice and is in good standing before the highest court of a foreign country, where the English common law substantially forms the basis of that country’s jurisprudence, and where English is the language of instruction and practice in the courts of that jurisdiction, shall be eligible for examination and admission provided he or she presents satisfactory proof that he or she has actively practiced law in such jurisdiction for five of the six years immediately preceding his or her application. (4) Service as a judge of a court of record shall be considered equivalent to the active practice of law within the meaning of this rule. (5) Good Standing in Foreign Jurisdiction. An applicant shall not be allowed to sit for the examination or be admitted to the Hawaiʻi bar during any period in which the applicant is suspended or disbarred or allowed to practice only with supervision in any other jurisdiction. For purposes of these rules a resignation in lieu of discipline is a disbarment. (c) Good Character and Fitness. (1) Standard of Character and Fitness. A lawyer should be one whose record of conduct justifies the trust of clients, adversaries, courts and others with respect to the professional duties owed to them. A record manifesting a deficiency in: (i) honesty, (ii) trustworthiness, (iii) diligence, (iv) reliability, (v) financial responsibility, (vi) professional responsibility, or (vii) respect for the law shall be grounds for denying an application. (2) Burden of Proving Character. The burden of proving good character and fitness is on the applicant. (3) Resolution of Character and Fitness Issues. The supreme court may refuse to allow an applicant to sit for an examination pending resolution of character or fitness issues and may refuse to release or consider examination results until character and fitness issues are resolved. (d) Investigation of Applications. The Board, any delegated committee, or designee shall investigate the applications, and may inquire into the information included in, and relevant to, each application. The Board may conduct proceedings necessary for a full and fair review of each application in accordance with its Rules of Procedure. The Clerk may issue subpoenas to compel the attendance of witnesses or the production of documents or other information in connection with such proceedings. An application may be held in abeyance by the Board pending the receipt of additional information to complete the investigation. If an applicant refuses or is unable to provide additional requested information, the recommendation to the Supreme Court shall be made on the basis of the existing information. The Board, any delegated committee, or designee shall report the results of the investigation and recommendations to the Supreme Court. (e) Review of Adverse Recommendations as to Good Character and Fitness . An applicant may petition the Supreme Court for review of an adverse recommendation that is based upon the applicant’s failure to establish good character and fitness by filing with the Clerk a petition for review within twenty (20) days after receiving the adverse recommendation relating to character and fitness. (f) Non-Standard Testing Accommodations . An applicant may file a request for non-standard testing accommodations with the Board in accordance with the Board’s Rules of Procedure. (g) Examinations. (1) Unless otherwise provided by this rule, an applicant shall be admitted to practice only after he or she has passed examinations that satisfy the supreme court that the applicant has the necessary legal and educational qualifications to practice law in this jurisdiction. (2) Hawaiʻi Bar Examinations will be held in the City and County of Honolulu, Hawaiʻi. (3) Unless otherwise directed by the supreme court, the Hawaiʻi Bar Examinations will be held during the week of the last Wednesday of February and July. (4) Within thirty (30) days after the results of the Hawaiʻi Bar Examination are filed by the Supreme Court, the Clerk may transmit a copy of examination scores to any unsuccessful applicant. However, there shall be no right of appeal as to the examination or its results. (5) Unless otherwise ordered by the supreme court, the files, records and proceedings of the Board are confidential and may not be disclosed except in furtherance of the Board’s duties under this rule; provided that the Board may, without a court order, release files and records at the request of an attorney admission, or disciplinary authority or judicial selection authority of any jurisdiction in which the applicant is admitted to practice or seeks to practice and provided further that the names of applicants shall not be confidential. The Board or the court may post the names of all applicants, including former names and aliases, and seek comment about the applicants. (6) In addition to the Hawaiʻi Bar Examination administered by the Board, each applicant for examination and admission must also take and pass the Multistate Professional Responsibility Examination (MPRE). The MPRE must be taken and passed not earlier than two years before the Hawaiʻi Bar Examination and the MPRE score must be officially reported to the Board not later than one year after date of notification of passing the Hawaiʻi Bar Examination. (h) Child Support Enforcement. An applicant shall not be allowed to sit for a Hawaiʻi Bar Examination or be admitted to the Hawaiʻi Bar during any period in which the applicant has not complied with a court order for child support or in which Hawaii’s Child Support Enforcement Agency or like body in another jurisdiction has certified the applicant is not in compliance with an order of child support or is not in compliance with a subpoena or warrant relating to a paternity or child support proceeding. (i) Student Loan Enforcement. An applicant shall not be allowed to sit for a Hawaiʻi Bar Examination or be admitted to the Hawaiʻi Bar during any period in which the applicant is not in compliance with an obligation under a student loan, student loan repayment contract, scholarship contract, or repayment plan. (Amended effective September 27, 1996; further amended January 5, 1998, effective January 1, 1998; further amended August 14, 2003, and corrected September 29, 2003, effective January 1, 2004; further amended December 7, 2005, effective January 1, 2006; further amended August 30, 2010; effective September 27, 2010.) 1.4. Fees. (a) Each applicant shall pay to the Clerk a filing fee with his or her application in such amount as may be determined by the Supreme Court. (b) A successful applicant shall pay any additional fee as may be determined by the Supreme Court for the applicant’s certificate of admission to the bar. (c) Upon request the Clerk of the Court may issue a replacement certificate of admission to the bar. The fee for the replacement certificate shall be in such amount as may be determined by the Supreme Court. (d) The cost of a character report from the National Conference of Bar Examiners, if required, shall be borne by the applicant; except that the uniformed service judge advocate seeking limited admission pursuant to Rule 1.7 shall not be required to submit a character report. (e) The Board shall prepare an annual budget for the expenditure of those funds; shall develop appropriate financial policies for the management of such funds; shall have exclusive control and responsibility over all financial transactions involving such funds; and shall develop and maintain accounting records showing receipt and disposition of such funds, which records shall be subject to audit. (Amended November 17, 1995, effective March 18, 1996; further amended effective February 27, 1997; further amended April 18, 2011, effective July 1, 2011.) 1.5. Oath and admission. (a) Deadline for Admissions. (1) Any applicant who has not been admitted to the bar within one (1) year after the order granting issuance of licenses has been filed in the Supreme Court will be subject to the entire admissions process, including the passing of the bar exam, before the applicant will be considered again for admission to the bar. As to any applicant who became eligible for admission prior to 1995, such applicant shall have one (1) year from the date of the letter of notification, described below, from the Clerk of the Supreme Court in which to become admitted to the bar. (2) As soon as practicable following the effective date of this rule, the Clerk of the Supreme Court shall transmit to each applicant who became eligible for admission prior to 1995 a written notice informing such applicant of the one-year deadline for admission. The notice shall be mailed via certified mail to the most current address shown in the applicant’s bar application file. The applicant shall have one (1) year from the date indicated on the return receipt, showing either the date of receipt or the date of return of the letter unclaimed, in which to comply with all requirements for admission to the bar. (3) The application is of a continuing nature and must be correct as of the date of admission to the bar. (b) Upon compliance with the requirements of this rule and upon taking the prescribed oath of office, the applicant shall be admitted to the bar. (c) The oath of office to be taken and subscribed by each attorney shall be as follows: Supreme Court of Hawaiʻi I do solemnly swear (or affirm) that I will support and defend the Constitution of the United States and the Constitution and laws of the State of Hawaiʻi, and that I will at all times conduct myself in accordance with the Hawaiʻi Rules of Professional Conduct. As an officer of the courts to which I am admitted to practice, I will conduct myself with dignity and civility towards judicial officers, court staff, and my fellow professionals. I will faithfully discharge my duties as attorney, counselor, and solicitor in the courts of the state to the best of my ability, giving due consideration to the legal needs of those without access to justice. 1.6. Attorney’s license, form of. (a) The license to be given to an attorney shall be in the following form: Supreme Court of Hawaiʻi _________, having been examined and found to be of good moral character and to possess the necessary legal and educational qualifications, is hereby licensed to practice in all the courts of the State of Hawaiʻi as an attorney, counselor and solicitor during good behavior. Given under the seal of the Supreme Court, this _________ day of ______________, 20___. FOR THE COURT: Chief Justice (b) A replacement license shall be in the following form: Supreme Court of Hawaiʻi ____________, was examined and found to be of good moral character and to possess the necessary legal and educational qualifications and licensed to practice in all the courts of the State of Hawaiʻi as an attorney, counselor and solicitor on ______________. This replacement certificate is given under the seal of the Supreme Court, this ____ day of _______________, 20___. FOR THE COURT: Chief Justice (Amended effective February 27, 1997.) 1.7. Limited admission of military attorneys. (a) Full-time active duty officers. A full-time active duty military officer serving in the office of the Staff Judge Advocate of the United States Army, Air Force, Navy, Marines, or Coast Guard or in the Naval Legal Service Office (hereafter "uniformed service judge advocate"), who has been admitted to practice by the highest court of another state, the District of Columbia, or a territory of the United States, whose license to practice in that jurisdiction is active, and who is a graduate of a law school approved by the American Bar Association Council on Legal Education and Admissions to the Bar may apply for limited admission and be accorded limited admission without examination. In all other respects the application shall be made adjudged, and conditioned as provided by Rules 1.3(a), (b), (c), (d), (e), (h) and (i), 1.4 and 1.5 of this Rule 1. (b) Term limitation; extensions. The term of admission under this rule shall be limited to a period of 4 years. The term may be extended one time at the request of the Staff Judge Advocate or the Commanding Officer, Naval Legal Service Office, provided the uniformed service judge advocate has not been disciplined under Rule 2 of these rules. The license shall expire at the end of the 4 year term or any extension thereof or when the uniformed service judge advocate admitted under this Rule 1.7 ends active duty service in Hawaiʻi. The license admitting such uniform service judge advocate shall be in the form provided by Rule 1.6 herein, except that the words "engage in limited military" shall be inserted between the words "to" and "practice" in the phrase ". . . hereby licensed to practice in all the courts of the State . . ." so that the phrase reads ". . . hereby licensed to engage in limited military practice in all the courts of the State. . . ." (c) Client and compensation limitation. Uniform service judge advocates admitted pursuant to this Rule 1.7 may represent only active duty military personnel in enlisted grades E-1 through E-5 and their dependents to the extent such representation is permitted by the Staff Judge Advocate or the Commanding Officer, Naval Legal Service Office. Uniformed service judge advocates admitted pursuant to this Rule 1.7 may not demand or receive any compensation from clients in addition to usual military pay already received. (d) Discipline; dues. Uniform service judge advocates admitted pursuant to this Rule 1.7 shall be subject to discipline under Rule 2, Rules of the Supreme Court of the State of Hawaiʻi, may claim to be employed full-time by the United States Government for purposes of assessment of dues and fees, and shall be required to pay dues, fees, and charges imposed on bar applicants and attorneys licensed to practice law in the State of Hawaiʻi, except the character check from the National Conference of Bar Examiners shall not be required. (Amended April 18, 2011, effective July 1, 2011.) 1.8. Law school faculty members; Pro tem membership. (a) A full-time member of the University of Hawaiʻi Law School (Law School) faculty who has graduated from an accredited law school and who has been admitted to practice in the highest court of another state or territory of the United States or the District of Columbia may apply for admission and be admitted to the bar without examination. In all other respects his or her application shall be made, adjudged and conditioned pursuant to Rules 1.3(a), (c), (d), (e), (h), (i), 1.4, and 1.5 of these Rules, provided that if admission is granted without examination, the term of admission shall be limited to a period of 3 years during which the individual shall have all rights and obligations of a full member of the bar and shall be a pro tem member. (b) At the end of such pro tem membership, the Dean of the Law School may, upon motion and affidavit, certify that the individual has continued as a full-time member of the Law School faculty during the period of pro tem membership and has complied with all other applicable rules governing the practice of law. The Board may grant such individual admission to the bar without limitation of time unless found to have become disqualified pursuant to Rule 2 of these Rules. (c) The fees for application and certificate of admission shall be assessed and paid on application to pro tem membership. (d) The fees determined under Rule 17(d) (3) of these Rules, shall be assessed and paid from and after admission to the bar without limitation of time. (Amended October 16, 2007, effective December 1, 2007; further amended May 14, 2015, effective July 1, 2015.) 1.9. Pro hac vice appearance of counsel for court proceedings. (a) Any attorney actively licensed to practice law by the highest court of a state or territory of the United States or the District of Columbia may be permitted to associate with a member or members of the Hawaiʻi bar (local counsel) in the presentation of a specific case at the discretion of the presiding judge or judges. (1) The petition or motion for pro hac vice appearance and any subsequent documents submitted on behalf of a party must be filed by local counsel and must comply with subsection (b) of this Rule. An attorney allowed to appear pro hac vice in a case may continue on appeal or upon remand in the same case without filing a new petition or motion for pro hac vice admission so long as the attorney complies with all applicable Hawaiʻi statutes, laws, and rules of the court in addition to other provisions of this Rule. (2) An attorney allowed to appear pro hac vice shall, for each year the order is effective, pay to the Hawaiʻi State Bar an annual Disciplinary Board fee and an annual Lawyers’ Fund for Client Protection fee authorized by the supreme court, provided that if the attorney is allowed to appear in more than one case, only one set of annual fees shall be paid. The Hawaiʻi State Bar may assess a reasonable fee to register and collect these fees on an annual basis. Within 10 days after entry of an order granting a petition or motion for pro hac vice appearance, and also within 10 days of making subsequent fee payments in January of each year, the attorney shall file proof of payment of the required fees in the record of the court in which the case is then pending. (3) Failure to pay the required fees within 10 days after entry of the order approving the petition or motion, and in January of each subsequent year, renders the order approving the petition or motion no longer valid, and a new petition or motion must be filed. (b) Local counsel shall file the petition or motion for pro hac vice appearance in the court to which the authorization to appear is sought and provide a copy to the Office of Disciplinary Counsel. The petition or motion shall be supported by: (1) the declaration of local counsel that establishes the following under penalty of law: (A) local counsel’s business address and address for service of documents; (B) that local counsel is to be the attorney of record and is responsible for all phases of the litigation; (C) where local counsel is employed by an entity that is subject to the business registration requirements of the Department of Commerce and Consumer Affairs (DCCA), the local counsel has attached a copy of the certificate of good standing issued by the DCCA’s business registration division for local counsel’s employer that is dated within 10 days of the petition or motion, or in the alternative an affirmation that the local counsel is not subject to the DCCA’s business registration requirements along with an explanation sufficient to apprise the court of the reasons for the exemption; and (D) the local counsel’s general excise tax license number issued by the Department of Taxation for the State of Hawaiʻi, and an affirmation that the local counsel will pay all state income tax and general excise tax due for all business activities in the State of Hawaiʻi, or in the alternative an explanation from local counsel that the requirements of this subsection (D) do not apply. (2) the declaration of the applicant for pro hac vice admission that establishes the following under penalty of law: (A) the applicant’s business address, e-mail address, the name of the law firm the attorney is associated with and the address of the law firm; (B) every state and federal jurisdiction to which the applicant has been admitted to practice law and a statement attesting that the attorney is in good standing in those jurisdictions; (C) that the applicant is not currently, and has not been, suspended or disbarred from the practice of law before any court or otherwise disciplined, and if the applicant has been disciplined or is subject to a pending disciplinary proceeding, material information about those proceedings must be provided; (D) the title and case number of each case, and the court or other forum in this state, in which the applicant has sought and/or been allowed to appear pro hac vice and the present status of each case; (E) if the applicant has made more than one appearance as counsel in Hawaiʻi during the preceding five years, the special circumstances that warrant the approval of the applicant’s appearance in the subject case; (F) that, if admitted, the applicant will comply with all applicable Hawaiʻi statutes, laws, and rules of the courts including the Hawaiʻi Rules of Professional Conduct and Guidelines of Professional Courtesy and Civility for Hawaiʻi Lawyers; (G) that, if admitted, the applicant shall be subject to all applicable Hawaiʻi statutes, laws, rules of the court, and the Hawaiʻi disciplinary process with respect to any acts or omissions occurring during representation pursuant to this Rule; (H) where the applicant is employed by an entity that is subject to the business registration requirements of the Department of Commerce and Consumer Affairs (DCCA), the applicant has attached a copy of the certificate of good standing issued by the DCCA’s business registration division for the applicant’s employer that is dated within 10 days of the petition or motion, or in the alternative an affirmation that the applicant is not subject to the DCCA’s business registration requirements along with an explanation sufficient to apprise the court of the reasons for the exemption; (I) the applicant’s general excise tax license number issued by the Department of Taxation for the State of Hawaiʻi, and an affirmation that the applicant will pay all state income tax and general excise tax due for all business activities in the State of Hawaiʻi, or in the alternative an explanation from the applicant that the requirements of this subsection (I) do not apply; and (J) designation of local counsel as agent for service of Hawaiʻi disciplinary process. (c) An attorney approved to appear pro hac vice pursuant to this Rule is subject to the jurisdiction of Hawaiʻi courts with respect to all applicable Hawaiʻi statutes, laws, and rules of the courts to the same extent as any other attorney admitted to practice in the courts of this state. The attorney approved to appear pro hac vice is subject to the disciplinary jurisdiction of the supreme court. The court in which an attorney is approved to appear pro hac vice or the supreme court may, for violations of Hawaiʻi law, the Hawaiʻi Rules of Professional Conduct, or orders of the court, revoke the permission for the attorney to appear pro hac vice , or impose any other appropriate sanction. (d) Local counsel of record shall sign all pleadings, motions, briefs, or any other documents submitted in the case, and shall participate actively in all phases of the case and be prepared to go forward with the case as required. Service of all documents, including pleadings, shall be upon local counsel, and shall constitute service upon pro hac vice counsel and their client(s). (e) Local counsel shall provide a copy of the order allowing the appearance of counsel pro hac vice to the Hawaiʻi State Bar and the Office of Disciplinary Counsel, and shall notify the Hawaiʻi State Bar and the Office of Disciplinary Counsel when the pro hac vice attorney’s involvement is terminated, the case is closed, or the order granting pro hac vice admission is no longer valid. (f) An attorney not licensed in Hawaiʻi who fails to obtain approval to represent a party in a court proceeding as required by this Rule, and who proceeds to represent a party in a court proceeding, is subject to the disciplinary jurisdiction of the supreme court and may be subject to referral to appropriate authorities for potential violation of Hawaiʻi Revised Statutes § 605-14 (Unauthorized practice of law prohibited) and other applicable laws. (Amended September 5, 1996, effective October 1, 1996; further amended October 21, 1996, effective October 1, 1996; further amended and effective October 27, 1997; further amended July 25, 2007, effective January 1, 2008; further amended August 30, 2010, effective September 27, 2010; further amended May 14, 2015, effective July 1, 2015; further amended February 15, 2018, effective July 1, 2018; further amended August 29, 2018, effective January 1, 2019; further amended November 7, 2022, effective January 1, 2023; further amended April 16, 2024, effective July 1, 2024.) 1.9A. Pro hac vice appearance of counsel for arbitration proceedings. (a) Approval to appear pro hac vice . (1) An attorney not licensed in Hawaiʻi, but who is admitted to practice and in good standing with the highest court of a state or territory of the United States or the District of Columbia, may associate with a licensed Hawaiʻi attorney (Hawaiʻi attorney) to represent parties in the course of or in connection with an arbitration proceeding in Hawaiʻi that concerns a legal dispute over a Hawaiʻi-related matter, provided that the petition to appear, accompanied by the materials set forth in subsection (b) of this Rule, is approved in writing by the arbitrator or, if there are multiple arbitrators, a majority of the arbitrators. (2) If the subject arbitration results in a judicial proceeding, the out-of-state attorney must comply with Rule 1.9 of these Rules to appear as counsel in the court proceeding. (b) Contents of the application or petition. The Hawaiʻi attorney to the arbitration shall submit to the arbitrator(s) in the subject arbitration a petition for pro hac vice appearance by the out-of-state attorney, and shall serve the petition upon all parties to the arbitration, along with the following in support of the petition: (1) Required information . The petition shall provide the following information: (A) the case name and number, the name of the arbitrator(s), and the arbitral forum for the proceeding in which the out-of-state attorney seeks to appear; (B) the out-of-state attorney’s law firm name, office address, email address, and telephone number; (C) the courts in which the out-of-state attorney has been admitted to practice and the dates of admission; and (D) the title of all courts and other forums in Hawaiʻi in which the out-of-state attorney has sought to appear as counsel pro hac vice in the preceding five years (including but not limited to petitions pursuant to this Rule); the name and number of each such case or proceeding; the date of each application or petition; and whether or not the application or petition was approved. If the attorney has made more than one appearance as counsel in Hawaiʻi during the preceding five years, the petition shall reflect the special circumstances that warrant the approval of the attorney’s appearance in the subject arbitration. (2) Required declaration by out-of-state attorney . In addition, the out-of-state attorney shall provide a declaration establishing under penalty of law that the out-of-state attorney: (A) is in good standing before the courts where the attorney’s license to practice law is active; (B) is not currently, and has not been in the past, suspended or disbarred from the practice of law before any court or has otherwise been disciplined or, if the attorney has been disciplined or is subject to a pending disciplinary proceeding, providing material information about those proceedings; (C) is not a resident of the State of Hawaiʻi, and is not regularly engaged or employed as an attorney in Hawaiʻi; (D) if given approval to represent a party in the arbitration, agrees to be subject to the jurisdiction of the courts of this state with respect to the laws of this state governing the conduct of attorneys, including the disciplinary jurisdiction of the supreme court and the Disciplinary Board of the Hawaiʻi Supreme Court, and will comply with applicable Hawaiʻi laws, arbitration rules, the Hawaiʻi Rules of Professional Conduct, and the Guidelines of Professional Courtesy and Civility for Hawaiʻi Lawyers; (E) if employed by an entity that is subject to the business registration requirements of the Department of Commerce and Consumer Affairs (DCCA), the out-of-state attorney has attached a copy of the certificate of good standing issued by the DCCA’s business registration division for the out-of-state attorney’s employer that is dated within 10 days of the petition or motion, or in the alternative includes an affirmation that the out-of-state attorney is not subject to the DCCA’s business registration requirements along with an explanation sufficient to apprise the court of the reasons for exemption; (F) has obtained a general excise tax license from the Department of Taxation for the State of Hawaiʻi, along with the general excise tax license number, and an affirmation that the applicant will pay all state income tax and general excise tax due for all business activities in the State of Hawaiʻi, or in the alternative an explanation from the out-of-state attorney that the requirements of this subsection (F) do not apply; and (G) designates the Hawaiʻi attorney as agent for service of any Hawaiʻi disciplinary process. (3) Required declaration by Hawaiʻi attorney . The Hawaiʻi attorney submitting the petition shall provide a declaration under penalty of law that establishes: (A) the business address, e-mail address and address for service of documents for the Hawaiʻi attorney; (B) the Hawaiʻi attorney is the attorney of record and is responsible for all phases of the subject arbitration; (C) where the Hawaiʻi attorney is employed by an entity that is subject to the business registration requirements of the Department of Commerce and Consumer Affairs (DCCA), the Hawaiʻi attorney has attached a copy of the certificate of good standing issued by the DCCA’s business registration division for the Hawaiʻi attorney’s employer that is dated within 10 days of the petition or motion, or in the alternative includes an affirmation that the Hawaiʻi attorney is not subject to the DCCA’s business registration requirements along with an explanation sufficient to apprise the court of the reasons for the exemption; and (D) the Hawaiʻi attorney has obtained a general excise tax license from the Department of Taxation for the State of Hawaiʻi, along with the general excise tax license number, and an affirmation that the Hawaiʻi attorney will pay all state income tax and general excise tax due for all business activities in the State of Hawaiʻi, or in the alternative an explanation from the Hawaiʻi attorney that the requirements of this subsection (D) do not apply. (c) Disposition of the petition. (1) The arbitrator(s) shall respond to the petition in writing. The arbitrator(s) may approve the petition if the requirements in subsection (b) of this Rule have been satisfied. The petition shall be disapproved for failure to submit and serve the petition as described in subsection (b) of this Rule. In the absence of special circumstances, multiple appearances as counsel in Hawaiʻi during the preceding five years may be grounds for disapproval of the petition and disqualification from serving as an attorney in the subject arbitration. Upon written approval of the petition by the arbitrator(s), the Hawaiʻi attorney shall forthwith submit a copy of the order approving the petition, along with a copy of the petition, to the Hawaiʻi State Bar and the Office of Disciplinary Counsel. (2) The arbitrator(s) in the subject arbitration or the supreme court may revoke the permission for the attorney to appear in the subject arbitration if the attorney submitted a declaration containing false information or a material omission, violated Hawaiʻi law, violated the Hawaiʻi Rules of Professional Conduct, or violated an order of the arbitrator(s). (d) Duties of the pro hac vice attorney. (1) The out-of-state attorney admitted pro hac vice in an arbitration shall pay to the Hawaiʻi State Bar the annual Disciplinary Board fee and the annual Lawyers’ Fund for Client Protection fee authorized by the supreme court, provided that if the attorney is allowed to appear in more than one case, only one set of annual fees shall be paid. The Hawaiʻi State Bar may assess a reasonable fee to register and collect these fees on an annual basis. Proof of payment of the required fees shall be served on the arbitrator(s), the parties to the subject arbitration, the arbitral forum, and the Office of Disciplinary Counsel. For each subsequent year that the approved petition is effective, the out-of-state attorney shall pay the annual fees in January and serve proof of payment upon the arbitrator(s), the parties to the subject arbitration, the arbitral forum, and the Office of Disciplinary Counsel. (2) Failure to pay the annual fees within 10 days after entry of the order approving the petition, and in January of each subsequent year, renders the order approving the petition no longer valid, and a new petition must be filed. (3) The out-of-state attorney shall notify the Hawaiʻi attorney, the arbitrator(s), and the parties to the subject arbitration when there is any material change to the information provided under subsections (b)(1) and (b)(2) of this Rule. (e) Duties of the Hawaiʻi attorney. (1) The Hawaiʻi attorney shall sign all pleadings, motions, briefs, or any other documents submitted in the subject arbitration, and shall participate actively in all phases of the arbitration and be prepared to go forward with the arbitration as required. Service of all documents, including pleadings, shall be upon the Hawaiʻi attorney and shall constitute service upon the out-of-state attorney and their client(s). (2) The Hawaiʻi attorney shall notify the Hawaiʻi State Bar and the Office of Disciplinary Counsel when the engagement of the out-of-state attorney is terminated, the arbitration is completed, or the order approving the petition is no longer valid. (f) Unauthorized practice of law. An attorney not licensed in Hawaiʻi who fails to obtain approval to represent a party in an arbitration proceeding as required by this Rule, and who proceeds to represent a party in an arbitration proceeding, is subject to the disciplinary jurisdiction of the supreme court and may be subject to referral to appropriate authorities for potential violation of Hawaii Revised Statutes § 605-14 (Unauthorized practice of law prohibited) and other applicable laws. (g) The pro hac vice attorney is subject to Hawaiʻi jurisdiction. An attorney approved to appear in an arbitration proceeding under this Rule is subject to the jurisdiction of Hawaiʻi courts with respect to all applicable Hawaiʻi laws and rules to the same extent as any other attorney admitted to practice in this state. The attorney approved to appear in an arbitration proceeding under this Rule is also subject to the disciplinary jurisdiction of the supreme court and the Disciplinary Board of the Hawaiʻi Supreme Court. (h) Limits of this Rule. (1) Any party to an arbitration arising under a collective bargaining agreement subject to either state or federal law may be represented in the course of and in connection with those proceedings by any person, regardless of whether that person is licensed to practice law in Hawaiʻi, if the representation is consistent with the laws governing such proceedings. (2) This Rule does not apply to proceedings before state or federal administrative boards or agencies that are authorized to establish their own rules governing the practice of out-of-state attorneys before those bodies. (3) This Rule does not negate the rights of parties to be represented by a person of their choosing so long as that right is established as a matter of a specific state or federal law. (Added August 29, 2018, effective January 1, 2019; further amended November 7, 2022, effective January 1, 2023; further amended April 16, 2024, effective July 1, 2024.) 1.10. Resignation or retirement from the bar while in good standing. (a) An attorney who is not the subject of a disciplinary investigation, proceeding, or order in any jurisdiction; who is not the subject of a disciplinary order issued by Disciplinary Counsel, the Disciplinary Board, or the Supreme Court; who is not the subject of a pending investigation or right of subrogation on a claim filed with the Lawyers’ Fund for Client Protection; and who is otherwise in good standing may petition to resign and surrender the attorney’s license to practice law. (b) The Petition to Resign and Surrender License (Petition) shall be filed with the Clerk, upon the payment of the filing fee for an original action. The Petition may include a request for permission to retain the paper license as a memento. (c) The Petition shall be accompanied by 4 declarations (i) the petitioner’s declaration attesting to the fact the petitioner is not the subject of a disciplinary investigation, proceeding, or order in any jurisdiction and is no longer counsel in any pending matter, and, if the Petition includes a request for permission to retain the paper license as a memento, declaring that the paper license will not be misused to misrepresent the attorney’s status; (ii) a declaration of the Executive Director of the Hawaiʻi State Bar attesting to the petitioner’s current status; (iii) Disciplinary Counsel’s declaration attesting to the fact the petitioner is not the subject of a pending disciplinary investigation, proceeding, or order in Hawaiʻi; and (iv) a declaration of the Administrator or Trustees’ designee of the Lawyers’ Fund for Client Protection attesting that no claims against the petitioner have been made or are pending with the Lawyers’ Fund for Client Protection. The petitioner shall be responsible for obtaining the declarations and submitting them to the clerk at the time the Petition is submitted. (d) A copy of the completed Petition and accompanying declarations shall also be served in person or by certified mail upon the Chief Disciplinary Counsel, the Executive Director of the Hawaiʻi State Bar Association, and the Administrator or Trustees’ designee of the Lawyers’ Fund for Client Protection at or before the time it is filed with the Clerk, and proof of completed service upon all 3 entities shall be included with the Petition submitted to the court. (e) Within 10 days after the Petition is filed, Disciplinary Counsel may file objections thereto. (f) The Supreme Court shall consider the Petition and any objections thereto and shall issue an appropriate order. (g) Attorneys who have been allowed to resign shall comply with the notice, affidavit, and record requirements of Rule 2.16(a), (b), (d), and (g) of these Rules. (Amended effective August 1, 1998; further amended December 19, 2018, effective January 1, 2019; further amended July 15, 2019, effective January 1, 2020.) 1.11. Readmission after resignation. An attorney who has resigned in good standing may be readmitted to the bar upon satisfying the same requirements as an initial applicant as provided in this Rule 1. 1.12. Immunity. (a) The Board, its members, employees, and agents are immune from all civil liability for conduct and communications occurring in the performance of their official duties, and civil suits predicated thereon may not be instituted. (b) Records, statements of opinion, and other information regarding an applicant for admission to the bar, communicated by any entity, including a person, firm, or institution, without malice, to the Board or to its members, employees, or agents are privileged, and civil suits predicated thereon may not be instituted. COMMENT: This immunity rule is patterned from a model immunity rule adopted by the House of Delegates of the American Bar Association. Part (a) of the rule provides absolute immunity from civil liability to members of the Board of Law Examiners, employees of the Board, and agents of the Board in the performance of their official duties. Part (b) of the rule grants immunity to those who provide information about an applicant as long as the information is provided "without malice." The purpose of part (b) is to encourage and protect the reporting of truthful information and candid evaluation. Intentional reporting of false information, without just cause, excuse, or justification, is not protected. (Amended January 8, 1981, effective January 8, 1981; further amended January 23, 1981, and February 3, 1981, effective January 23, 1981; renumbered September 1984; further amended February 27, 1985, effective February 27, 1985; further amended October 23, 1985, effective October 23, 1985; further amended February 13, 1987, effective February 13, 1987; further amended October 27, 1989, effective November 1, 1989, subject to transitional orders; further amended August 1, 1990, effective August 1, 1990; further amended September 28, 1990, effective September 28, 1990; further amended February 7, 1992, effective February 7, 1992; further amended May 14, 1993, effective May 14, 1993; further amended August 1, 1994, effective August 1, 1994; further amended February 6, 1995, effective February 6, 1995; further amended July 1, 1999.) 1.13. Specialization. (a) Petition for Certificate of Specialization. Upon successful completion of a program of study accredited by the American Bar Association (ABA) for certification as a specialist in a subject of the law, an active Hawaiʻi lawyer in good standing may petition the court for a Hawaiʻi Certificate of Specialization in that subject of the law. (b) Contents of Petition. The Petition shall be verified and shall state (i) the date the Petitioner was admitted to practice in Hawaiʻi, (ii) Petitioner’s Hawaiʻi attorney identification number, (iii) Petitioner’s current office address and telephone number, (iv) the nature of the ABA accredited program of study (including the requirements thereof), and (v) the date the Petitioner was certified by the ABA accredited program. Petitioner shall attach to the Petition (1) a copy of Petitioner’s Hawaiʻi license to practice law, (2) and affidavit or declaration from the Executive Director of the Hawaiʻi State Bar Association stating the Petitioner is in good standing with the Hawaiʻi Bar, (3) an affidavit or declaration from Disciplinary Counsel stating that Petitioner is not currently suspended or disbarred and that no disciplinary matters against Petitioner are pending, (4) an affidavit or declaration from the administrator of the Lawyers’ Fund for Client Protection stating there are no pending claims against the Petitioner and the Petitioner owes no reimbursement to the Lawyers’ Fund for Client Protection, and (5) a copy of the specialist certificate issued by the ABA accredited specialization program. Petitioner is responsible for preparing all affidavits or declarations for signature. (c) Nature of Proceeding; Filing Fee. The Petition for Certificate of Specialization shall be docketed as an original proceeding and the Clerk shall assess and collect the filing fee for an original proceeding. (d) Form of Certificate. Upon approval by the court and Petitioner’s payment of a $25.00 certification fee, the Clerk shall issue a five-year specialization certificate in the following form: No. ________ Supreme Court of Hawaiʻi CERTIFICATE OF SPECIALIZATION [Petitioner’s Name] having Petitioned for Specialty Certification in [law subject], having successfully completed the American Bar Association accredited program prescribed for such specialization, having been found to be a lawyer in good standing in the State of Hawaiʻi, and having met the requirements for such certification, is hereby Certified as a Specialist in [law subject] in the State of Hawaiʻi. This Certificate expires on ________. Given under the seal of the Supreme Court, this ___ day of _________, 20____. FOR THE COURT: Chief Justice (e) Limitations. No lawyer admitted to practice law in this jurisdiction shall be required to be certified as a specialist to practice in any field of law. Specialty certification neither increases nor decreases a lawyer’s duties to the lawyer’s clients, the courts, and the profession. (f) Revocation of Certification. A Certificate of Specialization is automatically revoked upon the suspension or disbarment of the lawyer so certified. (g) Renewal. The Certificate of Specialization may be renewed, without limitation, for periods of five (5) years upon the filing of a Petition for Renewal of Specialty Certification. A Petition for Renewal must be supported by proof Petitioner has completed at least six (6) hours of ABA accredited Continuing Legal Education courses in the subject area for each of the five years preceding the application for renewal, has maintained certification by the ABA accredited program by which certification was initially granted, remains an active member in good standing of the Hawaiʻi Bar, and has not been disciplined by this court or the Disciplinary Board during the previous five (5) year period. A Petition for Renewal shall be filed as an original petition and the Clerk shall assess and collect the fee for such filing. Upon entry of an order granting the Petition for Renewal, the Clerk shall issue a certificate as provided by subsection (d) of this Rule 1.13. (Added effective July 1, 1999.) 1.14. Mandatory professionalism course. (a) Professionalism Course. Each person licensed to practice law after July 1, 2001, shall, no later than December 31 of the year following the year of election of active status, complete the Hawaiʻi Professionalism course conducted under the joint sponsorship of the Hawaiʻi State Bar and the Supreme Court of Hawaiʻi. This rule applies to every license issued after July 1, 2001, pursuant to any part of Rule 1 of the Rules of the Supreme Court of the State of Hawaiʻi, except Rules 1.9 and 1.13. Completion of the required Hawaiʻi Professionalism course is separate and distinct from other Mandatory Continuing Legal Education (CLE) programs available through the Hawaiʻi State Bar or other legal ethics associations and is traditionally offered only bi-annually, in November and June. The Hawaiʻi State Bar shall notify attorneys facing administrative suspension pursuant to section (c) of this Rule, 1 month prior to the final opportunity to complete the professionalism course, of the attorney’s impending administrative suspension. Failure to notify an attorney shall not, however, constitute grounds upon which the attorney may contest the imposition of administrative suspension. (b) Proof of Compliance. Proof of compliance shall be in accordance with procedures established by the Hawaiʻi State Bar. (c) Administrative Suspension. Failure to complete the professionalism course within the time period specified above in (a) shall result in automatic suspension of the license to practice law. The Hawaiʻi State Bar shall give written notice of the suspension, but failure to give notice will not justify or excuse practicing while suspended. (d) Reinstatement. An attorney suspended under paragraph (c) shall be reinstated upon proof of completion of the course. (e) Fees. The Hawaiʻi State Bar may assess and collect reasonable fees for attending the course, for providing notice of suspension, and for processing reinstatement requests. (f) CLE Compliance. Completion of the Professionalism Course awards 3 CLE credits for ethics that may be used to comply with the ethics CLE requirement imposed by Rule 22(b) of these Rules. Newly licensed members who are exempt from CLE requirements in the year of their admission, pursuant to Rule 22(j) of these Rules, may carry forward these 3 CLE credits for ethics, earned by completing the Professionalism Course, into the subsequent year in which they are required to complete CLE credits. See Rule 22(j) and Rule 22(c) of these Rules. (Added July 17, 2001, effective nunc pro tunc July 1, 2001; amended September 19, 2008, effective nunc pro tunc January 1, 2008; further amended May 8, 2012, effective July 1, 2012; further amended September 25, 2018, effective January 1, 2019.) 1.15. Effect of Hawaiʻi Electronic Filing and Service Rules. Documents filed and notices given in accordance with the Hawaiʻi Electronic Filing and Service Rules shall be deemed to comply with the filing, mailing, certified mailing, notice, and service requirements of any part of this Rule 1. (Added August 30, 2010, effective September 27, 2010.) 1.16. Limited Admission of Attorneys Employed by Non-profit Organizations Providing Civil Legal Services to Economically Disadvantaged Persons. (a) Employees. An attorney employed by a civil legal service provider recognized by the Internal Revenue Service as a 501(c)(3) non-profit organization (“Legal Service Provider”) that is eligible to receive funds from the Indigent Legal Assistance Fund, who has been admitted to practice by the highest court of another state, the District of Columbia, or a territory of the United States, and whose license to practice in that jurisdiction is active, who is a graduate of a law school approved by the American Bar Association Council on Legal Education and Admissions to the Bar, and who is in good standing in every jurisdiction where the attorney is licensed may apply for limited admission and be accorded limited admission without examination. In all other respects the application shall be made, adjudged, and conditioned as provided by Rules 1.3(a), (b), (c), (d), (e), (h), (i), 1.4 and 1.5 of this Rule 1. Pending completion by the Board, and approval by the court, of the full character and fitness report, limited admission may be provisionally granted upon submission by the applicant of a declaration containing the following information and declarations: (1) the applicant’s contact information; (2) every state and federal jurisdiction to which the applicant has in the past been admitted to practice law and a statement attesting that the attorney is in good standing in those jurisdictions or has resigned in good standing; (3) a statement that the applicant is not currently, and has not been, suspended or disbarred from the practice of law before any court or otherwise disciplined, and if the applicant has been disciplined or is subject to a pending disciplinary proceeding, material information about those proceedings must be provided; (4) an affirmation that, if admitted, the applicant will comply with all applicable Hawaiʻi statutes, laws, and rules, of the courts including the Hawaiʻi Rules of Professional Conduct and Guidelines of Professional Courtesy and Civility for Hawaiʻi Lawyers; and (5) an affirmation that, if admitted, that the applicant understands that the applicant is subject to all applicable Hawaiʻi statutes, laws, rules of the court, and the Hawaiʻi disciplinary process with respect to any acts or omissions occurring during representation pursuant to this Rule. (b) Term Limitation; Extensions. The term of admission under this Rule 1.16 shall be limited to a period of 2 years. The term may be extended one time for a period of 2 years at the request of the Executive Director or highest executive of the Legal Service Provider, provided the attorney has not been disciplined under Rule 2 of these rules. The license given under this Rule 1.16 shall expire at the end of the term or any extension thereof, when the attorney admitted under this Rule 1.16 ends employment with the Legal Service Provider, or when the Legal Service Provider ceases to be eligible to receive funds from the Indigent Legal Assistance Fund, whichever occurs earliest. The license admitting such employee shall be in the form provided by Rule 1.6. If an attorney admitted under this rule separates from his or her employment with the Legal Service Provider, or if the status of the Legal Service Provider changes so that it is not eligible to receive funds from the Indigent Legal Assistance Fund, then both the attorney and the Legal Service Provider shall immediately notify the Clerk of the Supreme Court and the attorney shall immediately cease and desist from the practice of law in the State of Hawaiʻi. (c) Client and Compensation Limitation . Attorneys admitted pursuant to this Rule 1.16 may represent only clients of the Legal Service Provider. Attorneys admitted pursuant to this Rule 1.16 may not demand or receive any compensation from clients other than the compensation received from the Legal Service Provider. (d) Discipline; Dues. Attorneys admitted pursuant to this Rule 1.16 shall be subject to discipline under Rule 2, and shall in all other respects be required to pay dues and fees lawfully imposed on attorneys licensed to practice law in the State of Hawaiʻi. The fees for application and certificate of admission shall be assessed and paid on application for admission under this Rule 1.16. The fees determined under Rule 17(d)(3) shall be assessed and paid from and after admission to the bar without limitation of time. (Added February 24, 2011, effective July 1, 2011; further amended September 9, 2022, effective January 1, 2023.) 1.17. Limited admission of United States Uniformed Services spouse-attorneys. (a) Eligibility. Due to the unique mobility requirements of members of the United States Uniformed Services (USUS), an attorney who is a spouse of such a service member assigned to active duty in the State of Hawaiʻi may be provisionally admitted as an attorney of this State, without written examination, if the following conditions are fulfilled. (1) Requirements for admission under this Rule. The applicant must establish to the satisfaction of the Board of Bar Examiners (Board) that the applicant: (A) is a graduate of a law school approved by the American Bar Association Council on Legal Education and Admissions to the Bar; (B) has been admitted, after successful completion of a written examination, to practice by the highest court of another state, the District of Columbia, or a territory of the United States; (C) is active and in good standing in at least one other jurisdiction in the United States; (D) is at the time of application a member of the bar in good standing in every jurisdiction to which the applicant has been admitted to practice, or has resigned in good standing without any pending or later disciplinary actions; (E) faces no current or pending discipline in any jurisdiction and has fully disclosed, for the consideration of the Board, any past discipline imposed upon the applicant in any jurisdiction; (F) possesses the good character and fitness required of all applicants for admission in this State and has not had admission to any bar denied on character and fitness grounds; (G) achieved a passing score on the Multistate Professional Responsibility Examination in another jurisdiction in which the applicant has received a license to practice law; (H) has not failed the Hawaiʻi State bar examination without subsequent success; (I) avers the applicant has read the Hawaiʻi Rules of Professional Conduct and Rule 2 of these Rules, and acknowledges the jurisdiction of the Hawaiʻi disciplinary authorities over the applicant’s professional conduct; and (J) demonstrates that the applicant currently resides in this jurisdiction as a spouse of, and due to the active duty assignment of, the USUS member. (2) Board review of the application . The Board shall adjudge the application as provided by the applicable sections of Rules 1.3, 1.4, and 1.5 of these Rules, except that: (A) the Board may modify the requirements of Rule 1.3(a) of these Rules to reflect the unique demands of military life but shall, at a minimum, require a copy of the applicant’s USUS Spouse Dependent Identification, documentation evidencing a spousal relationship with the USUS member, and a copy of the service member’s USUS orders to a USUS installation in Hawaiʻi authorizing dependents to accompany the service member to Hawaiʻi; (B) with regard to Rule 1.3(c) of these Rules, the Board shall require submission of a character and fitness report at the applicant’s expense, issued by the National Conference of Bar Examiners; and (C) pursuant to Rule 1.4 of these Rules, the Board, with supreme court approval, may set a separate fee for application under this Rule. (3) Form of license . The license to be given to an attorney issued pursuant to this Rule 1.17 shall be in the following form: Supreme Court of Hawaiʻi ______________, having been examined and found to be of good moral character and to possess the necessary legal and educational qualifications, is hereby licensed to practice in all the courts of the State of Hawaiʻi, pursuant to and subject to the terms set forth in Rule 1.17 of the Rules of the Supreme Court of the State of Hawaiʻi, as an attorney, counselor and solicitor during good behavior, until such time as, pursuant to Rule 1.17(c) of the Rules of the Supreme Court of the State of Hawaiʻi, this provisional license expires. This license shall expire no later than four years from the date of issuance. Given under the seal of the Supreme Court, this ____ day of _________, 20__. FOR THE COURT: Chief Justice (4) Duty to report change in bar status . The applicant shall, within 30 days, report to the bar any change in bar membership in any other jurisdiction where the applicant has been admitted to practice, or of the imposition of any permanent or temporary professional disciplinary sanction by any federal or state court or agency or bar association. (5) Time and Manner of Admission . If, after such investigation as the Board may deem appropriate, it concludes that the applicant possesses the qualifications required of all other applicants for admission to practice law in this jurisdiction, the applicant shall be provisionally licensed to practice law and provisionally enrolled as a member of the bar of this jurisdiction, subject to the terms, duties, and limitations set forth in this Rule. The Board shall promptly act upon any application filed under this Rule. (b) Practice requirements. An attorney admitted under this Rule shall comply with the registration requirements and payment of annual assessments as required of all licensed Hawaiʻi attorneys under Rule 17(d) of these Rules, during the duration of the provisional license. In addition, the applicant: (1) shall complete, within 1 year of admission under this Rule, the Hawaiʻi Professionalism Course, sponsored by the Hawaiʻi Supreme Court, as further described in Rule 1.14 of these Rules; (2) shall fulfill the annual Continuing Legal Education requirements, as further described in Rule 22 of these Rules; (3) shall practice under the direct supervision, pursuant to Rule 5.1 of the Hawaiʻi Rules of Professional Conduct, of an actively licensed Hawaiʻi attorney practicing in Hawaiʻi; Failure to comply with these limitations on practice may constitute the unauthorized practice of law; and (4) shall report to the supreme court, within 30 days, any change in bar membership status in any jurisdiction where the attorney has been admitted to practice or any imposition of any permanent or temporary professional disciplinary sanction by any federal or state court or agency or bar association. The provisions of this Rule do not relieve the attorney of any other duties imposed by Rule 2.15 of these Rules. (c) Term Limitation; Extensions. The provisional license granted under this Rule shall terminate 30 days after the earliest occurrence of any of the following events: (1) the passage of 4 years from the date of issuance; (2) the USUS spouse of the attorney admitted under this Rule ceases to be an active member of the Uniformed Services (either through discharge, separation, retirement, death, or disability) provided, however, that if the separation from service is due to the death or disability of the service member, or due to domestic abuse as defined in Hawaiʻi Revised Statutes § 586-1 by the service member, the deadline shall extend to 1 year following the terminating event or until the swearing-in date of the next Hawaiʻi bar exam for which the attorney was eligible, whichever is later; (3) the attorney ceases to be a dependent spouse of the USUS member, as defined by that branch of service, unless the attorney is no longer a dependent spouse due to domestic abuse as defined by Hawaiʻi Revised Statutes §586-1 by the service member, in which case the deadline shall extend to 1 year following the terminating event or until the swearing-in date of the next Hawaiʻi bar exam for which the attorney was eligible, whichever is later; (4) the effective date for any orders received by the service member posting the service member outside of this jurisdiction, unless the service member’s subsequent assignment specifies that dependents are not authorized to accompany the service member, in which case the attorney may continue to practice pursuant to this Rule until the occurrence of another terminating event set forth in this Rule (c); (5) the attorney, independent of the spouse’s orders, establishes permanent physical residency outside of this jurisdiction; (6) the attorney successfully completes the standard admission process for full admission to the Hawaiʻi Bar, pursuant to Rule 1.3 et seq. of these Rules; (7) the attorney is no longer licensed and in good standing in at least 1 other U.S. jurisdiction; or (8) the attorney resigns the provisional license, pursuant to Rule 1.10 of these Rules. Failure to timely report any terminating event to the Board may result in the unauthorized practice of law and/or disciplinary referral. If the exception set forth in section (c)(2) of this Rule applies to extend the license past the standard 30 days of the triggering event, the applicant must notify the Board regarding the extension and submit any supporting documentation required by the Board at its discretion. This provisional license cannot be renewed. (d) Duties upon termination of the license. Upon termination of the license granted under this Rule, if the attorney thereafter shall not be licensed to practice in this jurisdiction under some other authority, the attorney shall, within the 30-day deadline for termination of the license, notify or cause to be notified, by registered or certified mail, return receipt requested, the supreme court and the Hawaiʻi State Bar Association, as well as each of the attorney’s clients involved in pending litigation or administrative proceedings and the attorney or attorneys for each party in such litigation or proceedings, and any self-represented parties, of the impending termination of the license and consequent inability to act as an attorney after the effective date of the termination. The notice given to the client shall advise the client of the desirability of the prompt substitution of another attorney or attorneys in the withdrawing attorney’s place. The notice given to other counsel or self-represented parties shall state the place of residence or other address at which the client of the withdrawing attorney can be contacted. The attorney shall also make reasonable efforts to withdraw from any pending court matters prior to the expiration of the license but, in the event a client does not obtain substitute counsel before the effective date of the termination of the license, the attorney shall nevertheless withdraw. Within 10 days after the effective date of the termination of the license, the attorney shall file with the Board an affidavit showing that the attorney has fully complied with the duties of withdrawal set forth in this subsection (d). (e) Discipline; Dues. Attorneys admitted pursuant to this Rule shall be subject to the jurisdiction of the supreme court and the Disciplinary Board of the Hawaiʻi Supreme Court, pursuant to proceedings under Rule 2 of these Rules and to administrative suspension for failure to comply with the annual registration requirements of Rule 17(d) of these Rules. Attorneys admitted under this Rule shall be required to pay dues and fees lawfully imposed on attorneys licensed to practice law in the State of Hawai’i. The fees for application and certificate of admission shall be assessed and paid on application for admission under this Rule. The fees determined under Rule 17(d)(3) of these Rules shall be assessed and paid from and after admission to the bar for the duration of the license. (Added February 9, 2018, effective July 1, 2018; further amended November 2, 2018, effective November 2, 2018; further amended March 18, 2019, effective July 1, 2019; further amended November 14, 2019, effective January 1, 2020; further amended June 5, 2020, effective July 1, 2020; further amended October 16, 2020, effective January 1, 2021.)