Office of Disciplinary Counsel v. Arensmeyer

Electronically Filed Supreme Court SCAD-XX-XXXXXXX 23-JUN-2021 10:51 AM Dkt. 16 ODDP SCAD-XX-XXXXXXX IN THE SUPREME COURT OF THE STATE OF HAWAIʻI OFFICE OF DISCIPLINARY COUNSEL, Petitioner, vs. FREDERICK JOHN ARENSMEYER, Respondent. ORIGINAL PROCEEDING (ODC Case No. DB 20-9002) ORDER (By: Recktenwald, C.J., Nakayama, McKenna, Wilson, and Eddins, JJ.) Upon consideration of the March 9, 2021 report, submitted by the Disciplinary Board of the Hawaiʻi Supreme Court and the declarations and exhibits appended thereto, and the arguments of both Respondent Frederick J. Arensmeyer and the Office of Disciplinary Counsel (ODC) presented in the briefs, and after a de novo review of the record, we find the record does not establish, by clear and convincing evidence, that Respondent Arensmeyer, through his initial responses to ODC’s inquiries into allegations of misconduct committed by a different attorney, knowingly created a misapprehension on ODC’s part that hindered ODC’s investigations or that Respondent Arensmeyer otherwise failed to cooperate in ODC’s investigation. Therefore, IT IS HEREBY ORDERED that the disciplinary proceeding is dismissed with prejudice. DATED: Honolulu, Hawaiʻi, June 23, 2021. /s/ Mark E. Recktenwald /s/ Paula A. Nakayama /s/ Sabrina S. McKenna /s/ Michael D. Wilson /s/ Todd W. Eddins 2