Electronically Filed
Supreme Court
SCAD-13-0000016
22-FEB-2013
11:20 AM
SCAD-13-0000016
IN THE SUPREME COURT OF THE STATE OF HAWAI#I
DISCIPLINARY BOARD OF THE HAWAI#I SUPREME COURT,
Petitioner,
vs.
MICHAEL K. KANESHIRO,
Respondent.
ORIGINAL PROCEEDING
(ODC 12-047-9063)
ORDER OF TRANSFER TO INACTIVE STATUS
(By: Recktenwald, C.J., Nakayama, Acoba, McKenna, and Pollack, JJ.)
The Office of Disciplinary Counsel (ODC) petitions to
transfer Respondent Michael K. Kaneshiro to inactive status due
to a mental or physical illness or disability. Because the
motion was approved for filing by the Disciplinary Board Chair,
we view the motion as a Disciplinary Board Petition to Determine
Capacity to Practice Law, made pursuant to Rule 2.19(b) of the
Rules of the Supreme Court of the State of Hawai#i (RSCH).
Respondent Kaneshiro did not submit a response. Upon
consideration of the petition and the affidavits and exhibits
attached thereto, this court concludes that Respondent Kaneshiro
is rendered incapable of the practice of law due to a mental or
physical illness or disability. Therefore,
IT IS HEREBY ORDERED that the Clerk shall re-caption
the case Disciplinary Board of the Hawai#i Supreme Court v.
Michael K. Kaneshiro.
IT IS FURTHER ORDERED that Respondent Michael K.
Kaneshiro is immediately transferred to involuntary inactive
status in this jurisdiction pursuant to RSCH Rules 2.19(c),
effective with the filing of this order. Respondent Kaneshiro
shall remain on involuntary inactive status until further order
of this court.
IT IS FURTHER ORDERED that ODC shall attempt to effect
personal service of this order upon Respondent Kaneshiro and
shall file with this court an affidavit setting forth the results
of such service attempts within 20 days after the date of entry
of this order.
IT IS FURTHER ORDERED that Respondent Kaneshiro may
file a motion with this court, at any time he deems appropriate,
for reinstatement to the practice of law. Said motion shall
state with particularity evidence in support of the motion,
including pertinent medical reports, as set forth in RSCH Rule
2.19(g).
IT IS FURTHER ORDERED that upon transfer of Respondent
Kaneshiro to inactive status the Office of Disciplinary Counsel
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shall suspend and hold in abeyance any disciplinary proceedings
against Respondent Kaneshiro to the extent required by RSCH Rule
2.19(h).
IT IS FINALLY ORDERED that the Board shall publicize
notice of the transfer of Respondent Kaneshiro to inactive
status, as required by RSCH Rules 2.19(d) and (e).
DATED: Honolulu, Hawai#i, February 22, 2013.
/s/ Mark E. Recktenwald
/s/ Paula A. Nakayama
/s/ Simeon R. Acoba, Jr.
/s/ Sabrina S. McKenna
/s/ Richard W. Pollack
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