Haw. R. Sup. Ct. 8.6

As amended through September 30, 2024
Rule 8.6 - Complaint procedure
(a) Initiation of procedure.
(1) An inquiry relating to conduct of a judge may be initiated upon any reasonable basis, including written complaints made by judges, lawyers, court personnel, or members of the general public.
(2) The Commission may on its own motion make inquiry with respect to whether a judge is guilty of misconduct in office or is physically or mentally disabled.
(3) Upon request of the chief justice of the supreme court, the Commission shall make an investigation under this rule of the conduct or physical or mental condition of a judge.
(b) Privilege. A qualified privilege shall attach to a complaint submitted to the Commission or testimony related to the complaint, and any civil action predicated on such complaint initiated against any complainant or witness, or their counsel, shall be subject to said qualified privilege.
(c) Discretionary notice. Notice that a complaint has been made may be given to the judge named in the complaint.
(d) Screening of complaints. Upon receipt of a complaint, the Commission shall determine whether such complaint warrants investigation and evaluation. Complaints determined to be frivolous, unfounded or outside the jurisdiction of the Commission shall not be investigated.
(e) Mandatory notice. After the determination that a complaint warrants investigation and evaluation, notice that a complaint has been made shall be given to the judge.
(f) Preliminary investigation and evaluation. Upon receipt of a complaint, report, or other information as to conduct that might constitute grounds for discipline, the Commission shall conduct a prompt, discreet, and confidential investigation and evaluation. The Commission may delegate one of its members to conduct such investigation and evaluation.
(g) Determination. After conclusion of the investigation and evaluation, the Commission shall determine:
(1) That there is insufficient cause to proceed against the judge; or
(2) That there is sufficient information to make a disciplinary recommendation to the supreme court; or
(3) That further proceedings regarding the complaint are necessary.
(h) Insufficient cause to proceed.
(1) Upon determination that there is insufficient cause to proceed, the file shall be closed. If previously notified of a complaint, a judge shall be notified that the file has been closed.
(2) A closed file may be referred to by the Commission in subsequent proceedings.
(3) If the inquiry was initiated as a result of notoriety or because of conduct that is a matter of public record, information concerning the lack of cause to proceed may be released by the Commission.
(i) Dispositions in lieu of further proceedings. Even though the Commission does not find that further proceedings are necessary, it may recommend to the supreme court that the court:
(1) Issue a private reprimand; or
(2) Inform or admonish the judge that his or her conduct is or may be cause for discipline; or
(3) Direct professional counseling or assistance for the judge; or
(4) Impose conditions on the judge's conduct.

Haw. R. Sup. Ct. 8.6

Renumbered September 1984; amended September 13, 2022, effective 1/1/2023.