Electronically Filed
Supreme Court
SCAD-XX-XXXXXXX
09-NOV-2021
08:34 AM
Dkt. 68 ORD
SCAD-XX-XXXXXXX
IN THE SUPREME COURT OF THE STATE OF HAWAII
In re: LESLIE S. FUKUMOTO (Bar No. 2708)
ORIGINAL PROCEEDING
ORDER
(By: Recktenwald, C.J., Nakayama, McKenna, Wilson, and Eddins, JJ.)
Upon consideration of the October 15, 2021 report,
request for fees and costs, and motion for discharge, filed by
attorney Walter Hebblethwaite, serving as Trustee, pursuant to
Rule 2.20 of the Rules of the Supreme Court of the State of
Hawaii (RSCH), over the practice of attorney Leslie Fukumoto,
the October 22, 2021 statement filed by Bradley Tamm, in his
capacity as Trustee Administrator at the the Office of
Disciplinary Counsel (ODC), the lack of response to that motion
from attorney Fukumoto, the October 22, 2021 motion by Tamm for
permission to dispose of a cleansed computer currently held by
the trusteeship, the lack of response to that motion from
attorney Fukumoto, and the record in this matter, we conclude
Trustee Hebblethwaite has completed his duties in this
trusteeship and that the fees he requests are for work
reasonable in duration and related to the duties of the
trusteeship. We find the value of the computer which is the
subject of ODC’s motion to be less than $50.00 and, pursuant to
RSCH Rule 2.20(d)(2)(F) (2021), subject to destruction. We
further conclude that requiring attorney Fukumoto to be
responsible for the total expenses incurred by this trusteeship
is warranted and authorized by RSCH Rule 2.20(d)(2019) and RSCH
Rule 2.20(e)(2021). Therefore,
IT IS HEREBY ORDERED that Trustee Hebblethwaite’s
report is approved, and his motion for discharge is granted. As
a final duty, Trustee Hebblethwaite shall transfer control of
the two client trust accounts from attorney Fukumoto’s practice,
maintained at First Hawaiian Bank and ending in x1593 and x0496,
to ODC, which shall maintain them until either a valid request
for the funds therein is approved by this court or until the
contents are ripe for a determination that they be declared
abandoned and can escheat to the state, after December 15, 2024.
IT IS FURTHER ORDERED that the Disciplinary Board
shall pay Trustee Hebblethwaite, within 30 days of the entry
date of this order, $1,764.00 in fees and $83.12 in General
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Excise Tax, calculated at the Oahu rate of 4.712%, for a total
of $1,847.12.
IT IS FURTHER ORDERED that ODC may, pursuant to RSCH
Rule 2.20(d)(2)(F), dispose of the computer described in its
October 22, 2021 submission, according to its standard
procedures for disposing of outdated technology.
IT IS FURTHER ORDERED that ODC may submit a renewed
motion for an order and judgment against attorney Fukumoto,
which shall include a full summary of expenses incurred by the
Disciplinary Board and ODC in this matter.
DATED: Honolulu, Hawaii, November 9, 2021.
/s/ Mark E. Recktenwald
/s/ Paula A. Nakayama
/s/ Sabrina S. McKenna
/s/ Michael D. Wilson
/s/ Todd W. Eddins
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