Electronically Filed
Supreme Court
SCAD-12-0000405
15-FEB-2013
09:16 AM
NO. SCAD-12-0000405
IN THE SUPREME COURT OF THE STATE OF HAWAI#I
OFFICE OF DISCIPLINARY COUNSEL, Petitioner,
vs.
ANDRÉ S. WOOTEN, Respondent.
ORIGINAL PROCEEDING
(ODC 08-054-8697)
ORDER OF SUSPENSION
(By: Recktenwald, C.J., Nakayama, Acoba, McKenna, and Pollack, JJ.)
Upon consideration of the Report and Recommendation of
the Disciplinary Board of the Supreme Court of the State of
Hawai#i, the briefs submitted by Respondent André S. Wooten and
the Office of Disciplinary Counsel (ODC), and the record, we find
by clear and convincing evidence Respondent Wooten knowingly and
intentionally submitted a declaration to the United States
District Court for the District of Hawai#i with an electronic
signature of the declarant affixed to it, that Respondent Wooten
knew the declarant had not, in fact, approved of the contents of
the declaration or authorized his signature be affixed to it, and
that Respondent Wooten intended the District Court take the
declaration as valid and executed by the declarant, in violation
of Rules 3.3(a)(1), 3.3(a)(4), 3.4(b) and 8.4(c) of the Hawai#i
Rules of Professional Conduct (HRPC). We further find by clear
and convincing evidence that Respondent Wooten, at a December 3,
2007 hearing on the matter related to the declaration, did rely
upon the declaration as authorized and executed by the declarant,
and caused opposing counsel and the court to similarly rely upon
its authenticity, when he was aware the declarant had not, at
that point, affirmed or otherwise authorized the declaration, in
violation of HRPC Rules 3.3(a)(1), 3.3(a)(4), 3.4(b) and 8.4(c).
We further find by clear and convincing evidence that, upon
learning on December 12, 2007 that the declarant declined to
ratify and refused to execute the declaration as it had been
submitted it to the District Court, Respondent Wooten did not
notify opposing counsel or the court, or otherwise take action to
remedy his misrepresentation, in violation of HRPC Rules
3.3(a)(4) and 8.4(c). We note the falsified nature of the
declaration was revealed when the declarant was deposed on
December 19, 2007 by opposing counsel, who brought the matter to
the attention of the District Court on December 20, 2007. We
view misrepresentation of this nature with the gravest concern
and, absent aggravating or mitigating factors, note disbarment or
a substantial period of suspension would be warranted. We
further find by clear and convincing evidence, in aggravation,
Respondent Wooten has substantial experience in the practice of
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law, a single prior discipline, and the current matter involved
multiple violations. In mitigation, we find Respondent Wooten
has accepted responsibility for his actions, was absent a selfish
motive, cooperated with the disciplinary investigation and
proceedings, that the prior discipline is remote in time and
unrelated in character to the current matter, and recognize
Respondent Wooten’s pro bono work and his contributions to the
community. Therefore, in light of the recommendation of the
Disciplinary Board, and the mitigating factors present,
IT IS HEREBY ORDERED that Respondent Wooten is
suspended from the practice of law in this jurisdiction for a
period of ninety days, effective 30 days after the date of entry
of this order, as provided by Rules 2.3(a)(2) and 2.16(c) of the
Rules of the Supreme Court of the State of Hawai#i (RSCH).
Respondent is admonished to take note he may not resume the
practice of law except by order of the supreme court, as provided
by RSCH Rule 2.17(b).
IT IS FURTHER ORDERED that, in addition to any other
requirements for reinstatement imposed by the Rules of the
Supreme Court of the State of Hawai#i, Respondent Wooten shall
pay all costs of these proceedings as approved upon the timely
submission of a bill of costs.
IT IS FINALLY ORDERED that Respondent Wooten shall,
within ten days after the effective date of his suspension, file
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with this court an affidavit in full compliance with RSCH Rule
2.16(d).
DATED: Honolulu, Hawai#i, February 15, 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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