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
2
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
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