Electronically Filed
Supreme Court
SCAD-18-0000015
18-JAN-2018
12:58 PM
SCAD-18-0000015
IN THE SUPREME COURT OF THE STATE OF HAWAI#I
OFFICE OF DISCIPLINARY COUNSEL,
Petitioner,
vs.
JAMES S. RICHARDS,
Respondent.
ORIGINAL PROCEEDING
(ODC 17-0-198)
ORDER GRANTING PETITION
(By: Recktenwald, C.J., Nakayama, McKenna, Pollack, and Wilson, JJ.)
Upon consideration of the petition for the immediate
restraint of Respondent James S. Richards’s license to practice
law in this jurisdiction, filed on January 9, 2018 by the Office
of Disciplinary Counsel (ODC) pursuant to Rule 2.13 of the Rules
of the Supreme Court of the State of Hawai#i (RSCH), this court
notes the conviction in the United States District Court for the
Eastern District of California of Respondent Richards for
attempting to evade and defeat payment of federal income taxes, a
felony, in violation of 26 U.S.C. § 7201, a crime we conclude
involves dishonesty or false statement. Furthermore, based upon
a review of the record, we conclude the conviction is final for
the purposes of RSCH Rule 2.13(d). Therefore,
IT IS HEREBY ORDERED that ODC’s petition is granted.
IT IS FURTHER ORDERED that Respondent Richards is
immediately restrained from the practice of law in this
jurisdiction, pursuant to RSCH Rule 2.13(b), pending final
disposition of a disciplinary proceeding based on the finding of
guilt.
IT IS FINALLY ORDERED that this matter is hereby
referred to the Disciplinary Board of the Hawai#i Supreme Court
for institution of a formal proceeding in which the sole issue to
be determined shall be the discipline to be imposed.
DATED: Honolulu, Hawai#i, January 18, 2018.
/s/ Mark E. Recktenwald
/s/ Paula A. Nakayama
/s/ Sabrina S. McKenna
/s/ Richard W. Pollack
/s/ Michael D. Wilson
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