by Andrew Walden
Disbar Dubin—that’s the word from the Disciplinary Board of the Hawaii Supreme Court.
Honolulu attorney Gary V Dubin, along with ex-Governor John Waihee, co-host "The Foreclosure Hour" on AM830.
The Disciplinary Board recommendation came in executive session deliberations subsequent to a December 13, 2018 public hearing at which the Board considered an Office of Disciplinary Counsel (ODC) Hearing Officer's Findings. Dubin was represented at the hearing by Waihee. The Board recommendation, which adopts the Hearing Officer's report unamended, was made public Wednesday, February 13, 2019.
Excerpts from report:
…The Board…decides to accept and adopt the Hearing Officer's Findings of Facts, Conclusions of Law and Recommendations for Discipline DBF-71.
IT IS HEREBY ORDERED, that:
A. The Board recommends that the Supreme Court of the State of Hawai'i:
1. Issue an Order that Respondent be DISBARRED. RSCH 2.3(a)(1);
2. Order, pursuant to RSCH 2.3(c), that Respondent, shall pay restitution in the amount of $19,885.00 to Robert K. and Carmelita A. Andia;
3. Order Respondent to pay the costs of these proceedings to the Disciplinary Board in such time and amount as stated in any final order or judgment issued by the Supreme Court….
Within 30 days of the entry of this Decision, the parties shall review the entire record….Thereafter, the record will be prepared for transmission to the Supreme Court….
Next, according to ODC Chief Disciplinary Counsel Bradley Tamm:
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.