Electronically Filed
Supreme Court
SCAD-XX-XXXXXXX
14-MAY-2019
12:32 PM
SCAD-XX-XXXXXXX
IN THE SUPREME COURT OF THE STATE OF HAWAI#I
DISCIPLINARY BOARD OF THE HAWAI#I SUPREME COURT,
Petitioner,
vs.
CHARLES K.Y. KHIM,
Respondent.
ORIGINAL PROCEEDING
(ODC Case No. 17-O-244)
ORDER OF TRANSFER TO INACTIVE STATUS
(By: Recktenwald, C.J., Nakayama, McKenna, Pollack, and Wilson, JJ.)
Upon review of the April 23, 2019 petition filed by the
Disciplinary Board of the Supreme Court of the State of Hawai#i,
requesting this court to immediately transfer Respondent
Charles K.Y. Khim to inactive status, pursuant to Rule 2.19 (b)
of the Rules of the Supreme Court of the State of Hawai#i (RSCH),
we conclude interim transfer to inactive status is warranted. We
also note the request from the Disciplinary Board for an order
directing the bank maintaining Khim’s client trust account to
disclose to the Office of Disciplinary Counsel (ODC) the balance
in the account, so that ODC may use the information to assess the
necessity of moving for a trusteeship over Khim’s legal practice,
pursuant to RSCH Rule 2.20. We note that RSCH Rule 2.12 provides
ODC the power to subpoena the production of papers and documents
related to matters under investigation by the Chief Disciplinary
Counsel. Therefore,
IT IS HEREBY ORDERED that Respondent Khim is
immediately transferred to inactive status in this jurisdiction,
pursuant to RSCH Rule 2.19(c), effective with the filing of this
order. Respondent Khim shall remain on inactive status until
further order of this court but may, at his discretion, apply to
this court for a return to active status, pursuant to RSCH Rule
2.19(f), upon submission of evidence that he is fit to resume the
practice of law.
IT IS FURTHER ORDERED that ODC shall suspend and hold
in abeyance proceedings against Respondent Khim to the extent
required by RSCH Rule 2.19(h).
IT IS FURTHER ORDERED that the motion for an order
directing the bank to reveal the client trust account records is
denied as unnecessary.
IT IS FURTHER ORDERED that the Disciplinary Board
shall, pursuant to RSCH Rule 2.19(d), cause a notice of this
transfer to inactive status to be published in a newspaper of
general circulation in the judicial circuit in which Respondent
Khim maintained his practice.
IT IS FINALLY ORDERED that the clerk of the court,
pursuant to RSCH Rule 2.19(e), shall transmit a certified copy of
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this order to all judges of the State of Hawai#i and shall
request their assistance and such action as may be indicated,
pursuant to RSCH Rule 2.20, to protect the interests of both
Respondent Khim and his clients.
DATED: Honolulu, Hawai#i, May 14, 2019.
/s/ Mark E. Recktenwald
/s/ Paula A. Nakayama
/s/ Sabrina S. McKenna
/s/ Richard W. Pollack
/s/ Michael D. Wilson
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