Electronically Filed
Supreme Court
SCAD-XX-XXXXXXX
18-OCT-2019
09:41 AM
SCAD-XX-XXXXXXX
IN THE SUPREME COURT OF THE STATE OF HAWAI#I
OFFICE OF DISCIPLINARY COUNSEL,
Petitioner,
vs.
ERNESTO MONTEMAYOR GANADEN,
Respondent.
ORIGINAL PROCEEDING
(ODC Case No. 16-O-245)
ORDER OF PUBLIC CENSURE
(By: Recktenwald, C.J., Nakayama, Pollack, and Wilson, JJ.,
and Intermediate Court of Appeals Associate Judge Hiraoka,
in place of McKenna, J., recused)
Upon consideration of the report and recommendation
filed on March 18, 2019 by the Disciplinary Board of the Hawai#i
Supreme Court, the briefs submitted by Respondent Ernesto Ganaden
and the Office of Disciplinary Counsel (ODC), and the record in
this matter, we make the following Findings of Fact and
Conclusions of Law, based upon clear and convincing evidence.
We find that Respondent Ganaden failed to timely file
his 2016 registration materials with the Hawai#i State Bar
Association, so that, as a result, as of March 1, 2016,
Respondent Ganaden’s license to practice law was administratively
suspended and, therefore, that he was not authorized to practice
law in this jurisdiction from that date until his reinstatement
on June 16, 2016. We find that, during this period of
administrative suspension, Respondent Ganaden represented
defendants in three separate criminal cases, including by making
court appearances.
We further find that, after being made aware of his
lack of an active law license during the relevant period, he
nevertheless submitted applications for fees and costs for legal
work performed while administratively suspended.
We conclude the foregoing conduct violated Rules 1.5,
3.4(e), 5.5(a) and 8.4(c) of the Hawai#i Rules of Professional
Conduct (2014). We find, in aggravation, that Respondent Ganaden
engaged in a pattern of misconduct and committed multiple
violations. We find, in mitigation, that Respondent Ganaden has
a clean disciplinary record and was candid and cooperative in the
disciplinary investigation and proceedings. Therefore,
IT IS HEREBY ORDERED that Respondent Ganaden is
publicly censured, pursuant to Rule 2.3(a)(3) of the Rules of the
Supreme Court of the State of Hawai#i (RSCH).
IT IS FURTHER ORDERED that Respondent Ganaden shall,
pursuant to RSCH Rule 2.3(c), submit reimbursement payments
totaling $1,665.00 to the appropriate state authority and shall
submit proof of those payments to this court within 90 days after
the entry date of this order.
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IT IS FURTHER ORDERED that Respondent Ganaden shall
successfully complete, at his own expense, the Multi-State
Professional Responsibility Examination and submit proof of that
to this court within one year from the entry date of this order.
IT IS FURTHER ORDERED that Respondent Ganaden shall
bear the cost of the disciplinary proceedings, upon approval by
this court of a timely submitted verified bill of costs from the
Office of Disciplinary Counsel, pursuant to RSCH Rule 2.3(c).
IT IS FURTHER ORDERED that failure to timely fulfill
any of the foregoing conditions may result in further discipline.
DATED: Honolulu, Hawai#i, October 18, 2019.
/s/ Mark E. Recktenwald
/s/ Paula A. Nakayama
/s/ Richard W. Pollack
/s/ Michael D. Wilson
/s/ Keith K. Hiraoka
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