Haw. R. Sup. Ct. 17

As amended through October 19, 2023

Rule 17 - THE HAWAI'I STATE BAR

(a)Creation, name and status. Pursuant to the powers of the Hawai'i Supreme Court to govern and control the practice of law in Hawai'i, all persons admitted to the practice of law in this State are hereby unified into an organization to be known as the Hawai'i State Bar. The Hawai'i State Bar shall be and remain an independent, member-governed organization, and shall be organized and shall have the powers and responsibilities provided in this Rule and by subsequent order of this court not inconsistent herewith.

(b)Purposes and powers. The purposes of the Hawai'i State Bar shall be to aid the courts in regulating, maintaining and improving the legal profession, administration of justice and advancements in jurisprudence, in improving relations between the legal profession, the public and the various branches and instrumentalities of government in this State, and in promoting the interests of the profession in this State. The Bar shall have the power and responsibility for administering the statutes and rules of this court relating to governance of the profession (other than statutes and rules governing contempt of court), as follows: (1) The Bar shall assist this court in carrying out the functions under § 605-14, Hawai'i Revised Statutes [Unauthorized Practice of Law], Rule 1 [Admissions], Rule 2 [Discipline], and Rule 10 [Lawyers' Fund for Client Protection] while preserving to this court at all times its ultimate authority over admission and discipline of attorneys licensed to practice in this State; and (2) the Bar shall assume primary responsibility for the other rules of the court and programs relating to the profession, its governance and improvement, including Rule 6 [Professional Corporations], Rule 11 [IOLTA], and Rule 16 [Substance Abuse]. In the latter category, the Bar shall have the power and responsibility not only of administration, but also of initiation of all changes and improvements therein, subject always to the oversight of this court through amendment of this Rule by the supreme court through the procedures set forth in Rule 17(g) of these Rules. In the endeavors set forth immediately above, the Bar shall have as its goal the improvement of the practice of law and the standards of professionalism of all attorneys in this State. The constitution and bylaws adopted by the Bar shall be binding on all members of the Bar in the same manner as the rules of this court.

(c)Membership and classes of members. All persons now or hereafter admitted to practice law before the Supreme Court of this State are declared to be members of the Hawai'i State Bar. The Bar shall have the responsibility to establish classes of membership, including but not limited to a classification for active members consisting of all persons who are engaged in the practice of law in this State, either full-time or part-time, salaried or non-salaried, and a classification for judicial members, who shall not be obligated to pay dues at the same rate as active members and who shall not be entitled to run for elective office in the Bar.

(d)Member registration, information, assessment, suspension and status.

(1) MEMBER REGISTRATION. Each member of the Hawai'i State Bar shall file an attorney registration statement and provide such information as the Board of Directors may require. A member shall notify the Hawai'i State Bar, in writing, within 30 days of any change of such required information. At minimum, the registration statement shall require disclosure of:

(A) professional discipline or convictions in any jurisdiction, provided that convictions for offenses that are or would be classified under Hawai'i law as petty misdemeanors, violations, or infractions need not be disclosed;

(B) hours of pro bono service and amount of related financial contributions for the previous year if made as an alternative to pro bono service. Pro bono service hours and financial contributions reported by individual members in the attorney registration statement shall be confidential, and the Hawai'i State Bar shall disclose such information only in aggregate reports of pro bono hours and related financial contributions for the entire membership;

(C) professional liability insurance, if any; provided that each active member who certifies the member is a government lawyer or in-house counsel and does not represent clients outside that capacity is exempt from providing professional liability insurance information;

(D) the number of approved credit hours of Continuing Legal Education (CLE) completed in the previous year including the specific number of hours of ethics or professional responsibility education; and

(E) existence of a plan, if any, that designates another lawyer to either succeed to the member's law practice or to act as trustee to review client files, notify each client of the member's death or disability, and take action to protect client property.

(2) INFORMATION TO DISCIPLINARY COUNSEL. The Hawai'i State Bar shall provide to the Office of Disciplinary Counsel and the Disciplinary Board information regarding:

(A) the members' addresses for service of process as required by Rule 2.11 of these Rules;

(B) members' certification of annual compliance with trust accounting procedures as required by Rule 11(f) of these Rules;

(C) members' certification of compliance with accounting rules, as required by Rule 4 of the Hawai'i Rules Governing Trust Accounting; and

(D) the disclosure of professional discipline or convictions required in subsection (1)(A) herein. In addition, the Hawai'i State Bar shall provide to the Office of Disciplinary Counsel and the Disciplinary Board information regarding individual members necessary to assist in furtherance of their duties under Rule 2 of these Rules.

(3)DUES, FEES AND CHARGES. Each member shall pay to the Bar the following dues, fees or charges:

(A) Hawai'i State Bar dues. Annual dues as determined by the Board of Directors of the Bar.

(B) Disciplinary Board fee. The annual fee, determined in accordance with Rule 2.4(e)(8), shall be paid over by the Bar at least quarterly to the Disciplinary Board.

(C) Lawyers' Fund for Client Protection fee. The fee, determined in accordance with Rule 10.4(1), shall be paid over by the Bar at least quarterly to the Fund.

(D) Attorneys and Judges Assistance Program fee. The annual fee, determined in accordance with Rule 16.2(d)(4) shall be paid over by the Bar at least quarterly.

(4) ADMINISTRATIVE SUSPENSION.

(A) Failure to file, cooperate with an audit, or pay. Failure to file a properly completed attorney registration statement or to cooperate with an audit of the attorneys's continuing legal education hours conducted pursuant to Rule 22(d)(2) of these Rules, or nonpayment of any dues, fees, or charges required by these Rules, after 15 days written notice, shall result in automatic suspension by the Hawai'i State Bar, of membership and the right to practice law until reinstatement. The Board of Directors of the Bar (1) may establish late processing fees and reinstatement charges and (2) may exempt from the registration requirements inactive attorneys who do not maintain active licenses and do not practice law in any other jurisdiction.

(B) Failure to meet CLE requirements; notice of noncompliance; subsequent acquisition of hours; contest; suspension. Within 60 days after the deadline for filing the disclosure required by Rule 17(d)(1)(D), the Executive Director of the Bar shall send a certified notice of noncompliance to each member whose disclosure shows the CLE requirement has not been met. A member who receives a certified notice of noncompliance may, within 15 days after the notice was mailed, submit to the Executive Director of the Bar evidence the member has acquired the mandated credit hours (which hours may not be counted for the current year); that the notice of noncompliance was issued erroneously, or that the member has resigned his or her license to practice law. A member who fails to prove the member acquired the mandated credit hours or that the notice of noncompliance was issued erroneously shall be automatically and immediately suspended by the Bar.

(5) REINSTATEMENT.

(A) After failure to file or pay. Any attorney suspended for failure to file a complete registration statement or pay dues and fees shall be reinstated by the Hawai'i State Bar without further order upon: (i) payment to the Bar of all arrears and a late processing and reinstatement fee in such amount as shall be determined by the Board of Directors of the Bar from time to time, and (ii) satisfaction of such other requirements as may be imposed by the Board of Directors of the Bar and/or the supreme court.

(B) After failure to comply with CLE requirements. An attorney suspended for failure to comply with CLE requirements shall be reinstated upon sufficient proof the member has: (i) completed 3 hours of CLE, which must include a minimum of 1 credit hour of approved ethics or professional responsibility education, and such hours shall not be counted for the current year; (ii) paid the reinstatement fee set by the Bar; and (iii) paid all required fees and dues.

(C) Review by supreme court. A member may petition the supreme court for review of the Executive Director's determination the member failed to prove completion of the mandated credit hours or that a notice of noncompliance was issued erroneously. Such petition shall not stay the effective date of the suspension.

(6) EXEMPTIONS.

(A) Judges' and Retired Judges' exemption. Full-time judges of courts of record of the State of Hawai'i and United States courts whose jurisdiction includes Hawai'i shall be exempt from the payment of the Disciplinary Board and Lawyers' Fund for Client Protection fees for such time as they serve in office. Retired judges called into service, who agree to serve without pay, and who engage in no other practice of law, shall be exempt from all dues, fees, and charges authorized by this rule.

(B) Government attorneys' exemption. Active attorneys who work exclusively for the federal government, the State of Hawai'i, or any political subdivision of the State of Hawai'i and who, except for permissible pro bono service, engage in no private practice of law whatsoever, whether full-time or part-time, compensated or uncompensated, shall be exempt from the payment of Lawyers' Fund for Client Protection fee for such time as they remain in those positions. This exemption shall be preserved for those government attorneys providing pro bono services, as defined in Rules of Professional Conduct 6.1, to non-government clients and who neither receive funds from, nor disburse funds to, clients in the provision of pro bono services. Any attorney who desires to be exempt from payment of such fee shall submit proof of the attorney's eligibility for exemption. An attorney who ceases to be exempt shall promptly pay the full amount of the most recent assessment.

(C) "Inactive" members' exemption. Attorneys on inactive status on December 31 of the calendar year preceding the assessment shall be exempt from the payment of Lawyers' Fund for Client Protection fees for such time as they remain inactive. Any attorney who desires to be exempt from payment of such fee shall submit proof of the attorney's eligibility for exemption. Attorneys who elect inactive status for medical reasons and attorneys who are transferred to inactive status pursuant to Rule 2.19 of the Rules of the Supreme Court shall be exempt from payment of fees for the Disciplinary Board, Lawyers' Fund for Client Protection, and Attorneys and Judges Assistance Program for such time as the medical condition exists. Any attorney who returns to active status shall promptly pay the full amount of the most recent assessment.

(7) PROOF OF PAYMENT. An attorney's cancelled check duly endorsed and negotiated by the Bar, or other confirmation of payment, shall constitute a receipt for payment of fees under this rule in order to enable the attorney on request to demonstrate compliance with the requirements of this rule.

(8) INACTIVE STATUS. An attorney who is in compliance with this [r]Rule, but who has retired or is no longer engaged in practice in this jurisdiction, or who is suffering from a medical condition, may elect inactive status and discontinue the practice of law in Hawai'i. When applying forinactive status pursuant to this Rule, the attorney shall aver or declare that theattorney is no longer counsel in any pending matter. The Bar shall not honor a voluntary election to inactive status for medical reasons unless the election is supported by a physician's affidavit or declaration that the attorney is experiencing a serious medical condition and the attorney's affidavit or declaration that the election is due to medical reasons and not solely for purposes of the exemption provided by paragraph (6) above. Upon the filing and recognition of an election to inactive status, together with a processing fee in such amount as the Board of Directors shall determine from time to time, the attorney shall be placed on inactive status and shall no longer be eligible to practice law. An attorney on inactive status shall be carried on the rolls of the Bar in such inactive classification(s) as may be provided in the bylaws of the Bar and, except as provided by paragraph (6), shall be required to pay such dues or fees, if any, as the Board of Directors of the Bar may prescribe from time to time or as the supreme court may direct in accordance with the Rules of the Supreme Court of the State of Hawai'i. The Bar shall advise the Disciplinary Board and the clerk of this court of the names of all attorneys who assume inactive status. Attorneys on inactive status shall remain subject to the jurisdiction of this court, the Disciplinary Board, the Lawyers' Fund for Client Protection, the Attorneys and Judges Assistance Program and the Bar.

(9) RETURN FROM VOLUNTARY INACTIVE STATUS. An attorney on voluntary inactive status or on voluntary inactive/medical status remains in that status until and unless the attorney requests and is granted reinstatement to the active roll. Reinstatement shall be automatic upon the payment of all dues and fees for the year the request is made and, for an attorney on voluntary inactive/medical status, submission of a physician's affidavit or declaration that the attorney is capable of returning to work and the attorney's affidavit or declaration that the reasons for the election of inactive/medical status no longer exist, unless the attorney is subject to an outstanding order of suspension or disbarment or transfer to inactive status under Rule 2.19.

(e)Composition, powers and responsibilities of governing body.The powers of the Hawai'i State Bar shall be exercised by an elected Board of Directors composed of at least eleven members in addition to the President, President-Elect, Secretary and Treasurer, elected as follows: At least one active member from each of the First, Second and Fifth Judicial Circuits, plus at least one active member from the West Hawai'i Region (consisting of the Districts of North Kohala, South Kohala, North Kona, South Kona and Kau) and one from the East Hawai'i Region (consisting of the Districts of Hamakua, North Hilo, South Hilo and Puna) of the Third Judicial Circuit, elected by members of the Bar from each such respective circuit and region in such manner, for such terms and at such times as shall be provided in the bylaws of the Bar.

Any circuit or, in the case of the Third Circuit, the West Hawai'i or East Hawai'i Regions, having as of the first day of May in any year more than 300 active members in good standing who are domiciled or principally practice their profession in such circuit or region shall be entitled to one additional member of the Board for each additional 300 members or major fraction thereof, to be elected at the next regular election of the Bar. In the event that the membership in a circuit or region as of May 1 is such that it is no longer entitled to one or more additional members, the term of such additional member(s) of the Board shall end at the expiration of the term for which the member(s) was elected.

The Board shall have such additional ex officio members as may be provided in the bylaws of the Bar, including non-lawyers.

Members of the Board and staff shall be immune from suit and liability for any conduct in the course of their official duties.

(f)Powers and responsibilities of governing body. The Board of Directors shall be charged with the executive functions of the Bar and the enforcement of the rules of this court referred to in part (b) of this Rule above, as well as such bylaws and practices as the Board may from time to time adopt to assist it in the implementation of its responsibilities set forth in this Rule 17. The Board shall at all times direct its power to the advancement of the art of jurisprudence and the improvement of the administration of justice, and shall have the authority to adopt, alter, amend and repeal bylaws and to adopt new bylaws containing provisions for the regulation and management of the affairs of the State Bar not inconsistent with law, these Rules, or other rules of court.

(g)Adoption and amendment of rules regarding Bar. This Rule is adopted by the Supreme Court of the State of Hawai'i, and shall take effect November 1, 1989; provided, however, that implementation and transition to the unified Bar shall be as directed by subsequent order of this court. Rules 1, 2, 6, 7, 10, 11 and 14 are being amended by separate order to take effect on the same date. This Rule and Rule 1 [Admissions], Rule 2 [Discipline], Rule 6 [Professional Corporations], Rule 7 [Student Practice], Rule 10 [Lawyers' Fund for Client Protection], Rule 11 [IOLTA], Rule 14 [Foreign Law Consultants], and Rule 16 [Substance Abuse], and any new rule of this court relating to the Bar, its authority, functions and duties shall be adopted, amended, or repealed after the effective date hereof only as follows. Prior written notice shall be given to the Board of Directors by the supreme court at least 90 days before the effective date of the proposed adoption, amendment, or repeal, unless the supreme court determines there is good cause for a shorter period of notice. The Board shall determine whether the proposed adoption, amendment, or repeal shall be the subject of a public hearing, written comment, or other means of public or member participation, and, if so, the Board shall determine the means of public or member participation. In making its determinations, the Board shall consider the extent to which any proposal relates to the purposes and powers of the Bar, its authority, functions, and duties.

Notice of a public hearing shall be published in the Hawai'i Bar Journal at least 30 days before the hearing, unless the supreme court determines there is good cause for a shorter period of notice, and may be published in other ways, such as a newspaper of general circulation, email notification, or website publication. The notice shall state the time(s), date(s), and place(s) of the hearing(s). The notice shall include the text of the proposal, or a statement of the substance of the proposal, or a general description of the subjects involved and the purposes to be achieved. If the full text of the proposal is not printed in the Hawai'i Bar Journal, the notice shall state how a copy of the proposal may be obtained at no cost. The notice shall state where and when people may submit written comments in addition to or in place of oral testimony. Hearings shall be held in each county in the State of Hawai'i in which affected members reside to the extent deemed prudent by the Board. Audio or tele-video conferencing may be used in place of sending the hearing officer to each county.

If the Board of Directors determines that a public hearing shall not be held but comments will be accepted, notice of the proposed rule adoption, amendment, or repeal shall be given in the Hawai'i Bar Journal at least 30 days before the proposal is to take effect, unless the supreme court determines there is good cause for a shorter period of notice. The notice shall inform the reader of the proposal in a manner similar to the notice of a public hearing, above, and shall state when and where comments shall be submitted.

The Board may allow for the submittal of comments in electronic or other forms.

All members of the Bar shall be afforded the opportunity to submit their data, views and arguments regarding the proposed adoption, amendment, or repeal at the public hearing, if any, or within any comment period specified in the notice;such data, views, and arguments shall be considered before the adoption, amendment, or repeal of the rule.

Should a polling of the members of the Bar result in a vote by a majority of the membership in opposition to the proposed adoption, amendment, or repeal, the adoption, amendment, or repeal shall not be made except by unanimous action of the supreme court.

Haw. R. Sup. Ct. 17

Added October 27, 1989, effective 10/29/1989; amended 2/7/1992, effective 2/7/1992; further amended 3/18/1993, effective 3/18/1993; further amended 8/1/1994, effective 8/1/1994; further amended effective 3/4/1996; further amended November 10, 1999, effective 1/1/2000; further amended April 8, 2002, effective 7/1/2002; further amended May 12, 2003, effective 7/1/2003; further amended December 14, 2004, effective 1/1/2005; further amended June 25, 2007, effective 7/1/2007; further amended October 10, 2007, effective 12/1/2007; further amended December 16, 2008, effective 1/1/2009; further amended July 15, 2009, effective 1/1/2010; further amended September 22, 2009, effective 1/1/2010; further amended May 21, 2012, effective 7/1/2012; further amended June 21, 2012, effective 7/1/2012; further amended June 27, 2012, effective 7/1/2012; further amended October 3, 2012, effective 1/1/2013; further amended October 21, 2013, effective 1/1/2014; further amended November 12, 2014, effective 1/1/2015; further amended November 2, 2016, effective 1/1/2017; amended December 19, 2018, effective 1/1/2019; amended January 25, 2022, effective 7/1/2022.