Electronically Filed
Supreme Court
SCAD-XX-XXXXXXX
22-DEC-2021
10:05 AM
Dkt. 14 OSUS
SCAD-XX-XXXXXXX
IN THE SUPREME COURT OF THE STATE OF HAWAI#I
OFFICE OF DISCIPLINARY COUNSEL,
Petitioner,
vs.
THOMAS DOMENICO SANDS, (HI Bar #9682),
Respondent.
ORIGINAL PROCEEDING
(ODC Case No. 21-0228)
ORDER
(By: Recktenwald, C.J., Nakayama, McKenna, Wilson, and Eddins JJ.)
Upon consideration of the November 27, 2021 response,
filed by Respondent Thomas Domenico Sands, to this court’s
October 27, 2021 Notice and Order, issued pursuant to Rule 2.15
of the Rules of the Supreme Court of the State of Hawai#i (RSCH),
and the record in this matter, we note that, on January 29, 2021,
the United States Bankruptcy Court for the Central District of
California, in addition to other disciplinary measures, suspended
Respondent Sands for two years from practice in its courts after
it determined that Sands had misrepresented the truth, under
oath, in the course of a Chapter 11 bankruptcy matter in its
courts, by falsely declaring under penalty of perjury that he had
fulfilled requirements to meet and confer with the opposing
party, and had then subsequently refused to explain his conduct
despite multiple opportunities to do so. We further note that
the Supreme Court of California subsequently reciprocally
disciplined Respondent Sands for that misconduct by imposing a
suspended two-year suspension, a three-year probationary period,
and an actual 90-day suspension of Respondent Sands’s license to
practice law in California. The California Supreme Court also
imposed additional disciplinary requirements upon Respondent
Sands, including completion of relevant CLE classes and the
successful passing of the Multistate Professional Responsibility
Examination, as well as the submission of regular reports to the
state disciplinary authorities. In mitigation, we find that
Respondent Sands willingly admitted his misconduct and has a
previously clean disciplinary record in both this jurisdiction
and in California.
Based upon a review of the record, we conclude that the
misconduct engaged in by Respondent Sands, if committed in this
jurisdiction, would constitute a violation of Rule 8.4(c) of the
Hawai#i Rules of Professional Conduct (2014), and would warrant a
period of suspension. Therefore,
IT IS HEREBY ORDERED that Respondent Thomas Domenico
Sands is suspended from the practice of law in this jurisdiction
for a period of 90 days, effective 30 days from the entry date of
this order. Respondent Sands shall comply with the requirements
of RSCH Rule 2.16 with regards to his suspension.
IT IS FURTHER ORDERED that, as a prerequisite to
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reinstatement in this jurisdiction, Respondent Sands shall submit
proof of his successful completion of the probation terms imposed
by the Supreme Court of California.
IT IS FURTHER ORDERED that Respondent Sands shall
provide the Office of Disciplinary Counsel (ODC) copies of any
reports he files with the California State Bar probation
authorities, and shall promptly inform ODC of any communications
he receives from the California State Bar authorities indicating
that probation revocation proceedings have been commenced.
IT IS FURTHER ORDERED that Respondent Sands is hereby
informed that, if the two-year stayed suspension in California is
revoked or modified, further modification of the instant
discipline may occur, including imposition of a further period of
suspension in this jurisdiction, upon proper motion by ODC.
IT IS FURTHER ORDERED that the discipline in this
matter is imposed without prejudice to ODC continuing its
investigations into any other ODC matters implicating Respondent
Sands.
DATED: Honolulu, Hawai#i, December 22, 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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