Electronically Filed
Supreme Court
30099
09-JUL-2013
09:22 AM
NO. 30099
IN THE SUPREME COURT OF THE STATE OF HAWAI'I
OFFICE OF DISCIPLINARY COUNSEL, Petitioner,
vs.
STEVEN B. SONGSTAD, Respondent.
ORIGINAL PROCEEDING
(ODC 06-088-8428, 08-008-8651, 08-030-8673, 09-043-8766,
09-044-8767, 09-045-8768, 09-079-8802, 09-083-8806, 09-101-8824,
10-004-8838, 10-005-8839, 10-035-8869, 10-037-8871, 11-028-8952)
ORDER
(By: Recktenwald, C.J., Nakayama, Acoba, McKenna, and Pollack, JJ.
Upon consideration of the record and the June 3, 2013
motion filed by Petitioner Office of Disciplinary Counsel (ODC),
the affidavit and exhibits attached thereto, and the April 17,
2013 order of disbarment entered by this court in ODC v.
Songstad, SCAD-13-0000057, it appears Respondent Steven B.
Songstad was disbarred by order of this court on April 17, 2013,
to become effective, by the terms of the order, on May 17, 2013,
and was served notice of said disbarment in accordance with Rule
2.11(b) of the Rules of the Supreme Court of the State of Hawai'i
(RSCH). Respondent Songstad was further required by the
April 17, 2013 order of disbarment to file, by May 28, 2013, an
affidavit that he was in compliance with the duties of a
disbarred attorney, as set forth in RSCH Rule 2.16(d). The
record in SCAD-13-0000057 does not contain any such required
filing by Respondent Songstad and, therefore, this court
concludes Respondent Songstad is an attorney who “has been . . .
disbarred and has not complied with RSCH Rule 2.16,” under RSCH
Rule 2.20. It appears there is no partner, executor, or other
responsible party capable of conducting Respondent Songstad’s
affairs. It further appears that Respondent Songstad maintained
a client trust account, ending in x0946, at First Hawaiian Bank,
which this court enjoined against further withdrawals by order
entered March 25, 2010, but to which is attached a garnishee
order issued by the Circuit Court of the First Circuit, in favor
of Perry Graham, the plaintiff in Graham v. Songstad (No.
1CC07-1-000209). Finally, it appears (1) by the terms of the
April 17, 2013 order of disbarment, Songstad is required to
provide $18,333.33 in restitution to former client Randal K.
Draper and $100.00 in restitution to former client Kurt Butler,
and (2) the funds in the client trust account are the property of
Draper and Butler. Therefore,
IT IS HEREBY ORDERED that Assistant Disciplinary
Counsel Charlene Norris is appointed as Trustee, pursuant to RSCH
Rule 2.20, to inventory Respondent Songstad’s files and to take
such action pursuant to RSCH Rule 2.20 as seems indicated to
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protect the interests of Respondent Songstad’s former clients,
including, but not limited to, taking possession of any trust and
other bank accounts found or known to exist, determining the
amounts therein, and amounts due clients for whom the accounts
are held, and seeking further orders from this court for
disbursement of amounts due to those clients, pursuant to RSCH
Rule 2.20(c)(2)(ii).
IT IS FURTHER ORDERED that ODC shall inform First
Hawaiian Bank that the bank has 30 days from the date of entry of
this order in which to contact Perry Graham, plaintiff in Graham
v. Songstad (No. 1CC07-1-000209), to inform Graham he has 60 days
from the date of entry of this order to take any action Graham
may deem appropriate regarding the funds held in Respondent
Songstad’s client trust account ending in x0946 and to file proof
of any such action with this court, and to further inform Graham
that failure to take any action or to timely submit said required
proof with this court within the allotted period shall be deemed
a waiver of any claims to the funds therein.
IT IS FURTHER ORDERED that, until the period allotted
to Graham to act, described above, has expired, this court shall
keep ODC’s motion to disburse the funds from the client trust
account under advisement.
IT IS FINALLY ORDERED that the Trustee shall assume all
of the duties enumerated in RSCH Rule 2.20(c), and such other
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duties as may be granted by further order of this court, and may
act upon those duties in the interim in accordance with this
order.
DATED: Honolulu, Hawai'i, July 9, 2013.
/s/ Mark E. Recktenwald
/s/ Paula A. Nakayama
/s/ Simeon R. Acoba, Jr.
/s/ Sabrina S. McKenna
/s/ Richard W. Pollack
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