Rules of the Disciplinary Board of the Hawai‘i Supreme Court
Rule: 13
Jurisdiction: HI
Bluebook Citation: RDB 13
Complaints. (a) Counsel shall docket a Grievance as a Complaint if Counsel determines that a finding of an ethical violation and the imposition of discipline are likely to occur assuming the facts to be true and no other credible information contradicts those facts. (b) When a Complaint has been docketed, it shall be formally investigated. (c) When Counsel determines, after such initial informal investigation as Counsel deems to be sufficient, that a finding of an ethical violation and the imposition of discipline are not likely to occur pursuant to subparagraph (a) above, Counsel may summarily dispose of or dismiss the Grievance with the concurrence of a Reviewing Board Member. Except in matters requiring dismissal because the Grievance is frivolous on its face or falls outside the Board’s jurisdiction, Counsel shall first afford Respondent an opportunity to state his or her position with respect to the allegations and may advise Respondent of the proposed disposition notwithstanding Rule 16(e). (d) When the Reviewing Board Member disagrees with the recommendation of Counsel, the Grievance shall be docketed as a Complaint. (e) Under no circumstances shall any Grievance or Complaint be disposed of or dismissed without the review and approval of the appropriate Reviewing Board Member. (Amended April 26, 2018; further amended October 26, 2018; further amended April 2, 2020, effective April 1, 2020.)
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