Dubin Disbarment? Another Step in the Process
by Andrew Walden
The Board of Disciplinary Conduct of the Hawaii State Supreme Court met at the downtown offices of the ODC Thursday, December 13, 2018, to hear the Office of Disciplinary Counsel Hearing Officer's Findings of Fact and a response from local attorney Gary V Dubin.
Dubin, along with ex-Governor John Waihee, co-host "The Foreclosure Hour" on AM830.
The Hearing Officer's Findings of Fact “recommend respondent for disbarment because of respondent’s numerous violations of the Hawai'i Rules of Professional Conduct.”
After the public portion of the proceedings, the Board moved to deliberate in executive session.
ODC Chief Disciplinary Counsel Bradley Tamm explains what may happen next:
Deliberations are closed and neither ODC nor the respondent (Dubin) are privy to those deliberations. We will not know what the Board decided until they issue their decision, which may or may not be done soon.
The Board does not act as individuals like an appellate court. All decisions are per curiam – meaning a collective judgment which may or may not be unanimous, but always by a majority.
Did the Board amend the disciplinary report?
This will not be known until it files a “Board Report” with the Supreme Court (if it files a report.) Usually, the Board will issue a decision, and then follow with a Board Report. Generally, and particularly in complex cases, the delay between the decision and the Board Report is greater than 30 days to allow time for the parties to seek redaction of parts of the record prior to it being placed into the public record.
Board Reports are only done where the Board recommends a suspension or disbarment. If the Board elects to impose a reprimand, a Board Report is not done and the matter is resolved without supreme court involvement. Additionally, the Board also has the option to remand the matter back to the hearings officer for rehearing in whole or in part.
When the Board Report is filed, parties have 10 days to challenge the report. If a party or both parties challenge, the court will set a briefing schedule as in an appellate case.
If no challenge is made, the court will rule without further delay – but that generally takes a month or two. If a challenge is made (and it almost always is if serious sanctions are sought), then the process takes about 6 months for the briefing procedure, and another 3-6 months for the review process.
In response to a reporter’s query about any disbarment vote by the Board, Dubin points out, “There was no such vote.”
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