Electronically Filed
Supreme Court
SCAD-14-0001039
24-OCT-2014
12:35 PM
SCAD-14-0001039
IN THE SUPREME COURT OF THE STATE OF HAWAI'I
DISCIPLINARY BOARD OF THE HAWAI'I SUPREME COURT,
Petitioner,
vs.
JAMES H. FOSBINDER,
Respondent.
ORIGINAL PROCEEDING
(ODC 14-005-9148, 14-006-9149,
14-007-9150, 14-008-9151, 14-009-9152)
ORDER
(By: Recktenwald, C.J., Nakayama, McKenna, Pollack, and Wilson, JJ.)
Upon consideration of the October 9, 2014 submission by
the Disciplinary Board of the Supreme Court of the State of
Hawai'i, this court concludes attorney James H. Fosbinder is
incapacitated by reason of a physical or mental infirmity which
makes it impossible for him to defend himself adequately in
disciplinary proceedings or to continue the practice of law.
Therefore,
IT IS HEREBY ORDERED that the September 12, 2014 order
of this court is confirmed, to wit, that attorney Fosbinder shall
remain on involuntary inactive status until further order of this
court, pursuant to Rule 2.19(c) of the Rules of the Supreme Court
of the State of Hawai'i (RSCH).
IT IS FURTHER ORDERED that the Office of Disciplinary
Counsel shall hold all pending disciplinary proceedings against
attorney Fosbinder in abeyance until such time as attorney
Fosbinder successfully petitions this court to regain his active
license to practice law.
IT IS FINALLY ORDERED that, although the record in the
instant proceedings are, and shall remain, confidential, this
order shall be a matter of public record, pursuant to RSCH Rule
2.22(f).
DATED: Honolulu, Hawai'i, October 24, 2014.
/s/ Mark E. Recktenwald
/s/ Paula A. Nakayama
/s/ Sabrina S. McKenna
/s/ Richard W. Pollack
/s/ Michael D. Wilson
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