Electronically Filed
Supreme Court
SCAD-17-0000428
09-JUN-2017
12:52 PM
SCAD-17-0000428
IN THE SUPREME COURT OF THE STATE OF HAWAI'I
OFFICE OF DISCIPLINARY COUNSEL,
Petitioner,
vs.
JAMAE K.K. KAWAUCHI,
Respondent.
ORIGINAL PROCEEDING
(ODC Case No. 15-040-9259)
ORDER OF SUSPENSION
(By: Recktenwald, C.J., Nakayama, McKenna, Pollack, and Wilson, JJ.)
Upon consideration of the Report and Recommendation of
the Disciplinary Board of the Supreme Court of the State of
Hawai'i, the stipulated facts, and the evidence in the record, we
note Respondent Jamae K.K. Kawauchi has stipulated that she
withdrew from her client trust account client funds for her own
use and benefit that she had not earned, failed to inform the
client of the withdrawals, allowed the balance of the client
trust account to fall below the level of funds to which clients
had a claim, failed, over a five-month period, to promptly refund
monies that were the property of the client, failed to use pre
printed deposit slips labeled with her client trust account
information, and misrepresented on her annual IOLTA registration
form filed with the Hawai'i State Bar Association that she
maintained client funds in accordance with Rule 1.15 of the
Hawai'i Rules of Professional Conduct (HRPC), when she did not.
Respondent Kawauchi’s conduct constitutes violations of HRPC
Rules 1.5(b), 1.15(a), 1.15(c), 1.15(d), 1.16(d) and 8.4(c)
(2014). Respondent Kawauchi further stipulates that, in
aggravation, she has substantial experience in the practice of
law and committed further misconduct during the disciplinary
process, and her conduct had a dishonest or selfish motive and
represents multiple violations of the HRPC, while ODC stipulated
that Respondent Kawauchi, prior to the present matter, had a
clean disciplinary record, made full and free disclosures, and
displayed a cooperative attitude toward the proceedings. We
further note Respondent Kawauchi, after five months, fully
refunded the requested amount. Upon a review of the record,
precedent, and the ABA Standards for Imposing Lawyer Sanctions,
it appears a period of suspension is warranted. See ODC v.
Avinante, SCAD-14-775, June 12, 2014; ODC v. Eliason, SCAD-12-822
(January 23, 2013); ODC v. DuBos, No. 18113 (July 26, 1994); ABA
Standard 7.2.
IT IS HEREBY ORDERED that Respondent Jamae K.K.
Kawauchi is suspended from the practice of law for 150 days,
effective 30 days from the entry date of this order.
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IT IS FURTHER ORDERED that Respondent Kawauchi shall,
within 365 days after the entry date of this order, submit to
this court proof of her completion of the Multi-State
Professional Responsibility Exam (MPRE) with a score sufficient
to satisfy the requirements of Rule 1.3(g)(6) of the Rules of the
Supreme Court of the State of Hawai'i (RSCH). Failure to timely
submit such proof may, upon a review of the record, result in a
further period of suspension.
IT IS FURTHER ORDERED that, pursuant to RSCH Rule
2.16(d), within 10 days of the effective date of her suspension,
Respondent Kawauchi shall submit to this court proof of
compliance with the conditions of her suspension.
IT IS FURTHER ORDERED that Respondent Kawauchi shall
bear the costs of these disciplinary proceedings, upon the timely
submission to this court of a verified bill of costs by ODC,
pursuant to RSCH Rule 2.3(c).
IT IS FINALLY ORDERED that Respondent Kawauchi,
pursuant to RSCH Rule 2.17(a), may not resume the practice of law
until reinstated by entry of an order by this court.
DATED: Honolulu, Hawai'i, June 9, 2017.
/s/ Mark E. Recktenwald
/s/ Paula A. Nakayama
/s/ Sabrina S. McKenna
/s/ Richard W. Pollack
/s/ Michael D. Wilson
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