Hawaii Bar Journal - October 2020

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BAR JOURNAL A N O FFICIAL P UBLICATION

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H AWAII S TATE BAR A SSOCIATION O CTOBER , 2020 $5.00

TABLE O F C ON TE NTS VO LUM E 24 , N U M B E R 10

EDITOR IN CHIEF Carol K. Muranaka BOARD OF EDITORS Christine Daleiden Susan Gochros Ryan Hamaguchi Cynthia Johiro Edward Kemper Laurel Loo Melvin M.M. Masuda Eaton O'Neill Lennes Omuro Brett Tobin

ARTICLES 44

Delving Into DCCA

by Jayson Horiuchi

14 19

Chief Justice Recktenwald’s Response to the 2019 Bench Bar Report

21

HSBA Board 2020 Candidates

24 27

HSBA OFFICERS

American Judicature Society

by Carol K. Muranaka

President P. Gregory Frey President-Elect Karin Holma Vice President Levi Hookano Secretary Russ Awakuni

OF NOTE 24

HSBA Happenings

Treasurer Paul Naso

29 20

Case Notes

30 22 31 28

Court Briefs

YLD OFFICERS President Addison Dale Bonner Vice President/President-Elect Christopher St. Sure Secretary Kyleigh Nakasone Treasurer Tiffany Kaeo

Classifieds

30 31

EXECUTIVE DIRECTOR Patricia Mau-Shimizu GRASS SHACK PRODUCTIONS Publisher Brett Pruitt Art Direction Debra Castro Production Beryl Bloom

Hawaii Bar Journal is published monthly with an additional issue in the fourth quarter of each year for the Hawaii State Bar Association by Grass Shack Productions, 1111 Nuuanu Ave., Suite 212, Honolulu, Hawaii 96817. Annual subscription rate is $50.

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Advertising inquiries should be directed to: Grass Shack Productions (808)521-1929 FAX: (808)521-6931 brett@grassshack.net

On the cover: Mists of Puna by Linda Umstead. Umstead comes to painting and illustration with a designer's eye. She enjoys exploring many art mediums and has come to love painting watercolor botanicals, the subjects of an annual wall calendar which she retails locally through the Bishop Museum and Bookends in Kailua. Her paintings of local birds, a series titled 'The Birds of Paradise', is an ongoing work in progress. Her current project is a series of paintings of Honolulu landmarks in the year 2021 titled “Rising Seas.” To see more of her work please visit www.lindaumsteadpainterseye.com.

Notices and articles should be sent to Edward C. Kemper at edracers@aol.com, Cynthia M. Johiro at cynthia.m.johiro@hawaii.gov, or Carol K. Muranaka at carol.k.muranaka@gmail.com. All submitted articles should be of significance to and of interest or concern to members of the Hawaii legal community. The Hawaii Bar Journal reserves the right to edit or not publish submitted material. Statements or expressions of opinion appearing herein are those of the authors and not necessarily the views of the publisher, editorial staff, or officials of the Hawaii State Bar Association. Publication of advertising herein does not imply endorsement of any product, service, or opinion advertised. The HSBA and the publisher disclaim any liability arising from reliance upon information contained herein. This publication is designed to provide general information only, with regard to the subject matter covered. It is not a substitute for legal, accounting, or other professional services or advice. This publication is intended for educational and informational purposes only. Nothing contained in this publication is to be considered as the rendering of legal advice.

Delving into DCCA

By Jayson Horiuchi*

The Department of Commerce and Consumer Affairs (“DCCA”) is comprised of 14 different divisions and offices1 that provide oversight of a gamut of industries and protect the overall interest of consumers. Its mission is to uphold fairness and public confidence in the marketplace, promote sound consumer practices, and increase knowledge, opportunity, and justice in our community.

Although it is more commonly known as the place to register a business or obtain a professional license, DCCA covers so much more than that. As a result, many attorneys may interface with the department at some point. Nearly all of the DCCA divisions and offices have attorneys on staff. Having legal experts on hand is integral to efficient and effective regulation, as there are more than 250 state statutes and administrative rules administered or enforced by the department.

The following sections summarize DCCA’s divisions and functions: Office of Administrative Hearings A DCCA office of notable interest to attorneys is the quasi-judicial Office of Administrative Hearings (“OAH”). The OAH is led by Senior Hearings Officer Craig Uyehara and consists of five Administrative Hearings Officers. OAH conducts administrative hearings and issues recommended or final decisions for all divisions within the DCCA that are statutorily required to provide contested case hearings pursuant to Hawaii Revised Statutes chapters 91 and 92. The OAH also hears matters related to: • Disciplinary actions filed by the Regulated Industries Complaints Office against licensees; • Appeals of the decisions of the boards, commissions, and programs attached to the Professional and Vocational

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Licensing Division to deny license applications; • Petitions for declaratory relief; • Appeals of citations issued to persons or businesses engaged in unlicensed activities; • Trade name or trademark disputes; • Securities enforcement actions brought pursuant to the Uniform Securities Act; • Denials of personal injury protection benefits; • Disciplinary actions arising from the Hawaii PostSecondary Education Authorization Program; and • Other matters from other DCCA divisions.

The OAH also conducts administrative review hearings on: • Procurement cases from all agencies and divisions of the State, its four counties, and the University of Hawaii that arise under the Hawaii Public Procurement Code, HRS Chapter 103D; • Certain kinds of motor vehicle dealer, distributor, and manufacturer disputes under HRS Chapter 437, Part 2; • Appeals of benefit determinations from the EmployerUnion Health Benefits Trust Fund under a Memorandum of Understanding; • Certain matters involving the Hawaii Community Development Authority; and • Appeals of benefits determinations from the Hawaii Employees’ Retirement System under a Memorandum of Understanding.

In addition, the OAH handles administration of the Medical Inquiry and Conciliation Panel (“MICP”) and the Design Claim Conciliation Panel (“DCCP”). The MICP conducts informal conciliation inquiries into tort claims against health care providers before those claims can be filed as lawsuits. The DCCP conducts informal hearings on claims against design professionals, such as engineers, architects, and surveyors, before those claims can be filed as lawsuits. The MICP focuses on conciliation rather than litigation and does not make any decisions on the merits of the parties’ positions. These DCCP decisions are advisory and not binding on the parties, should a party decide to pursue the matter in court.

DCCA divisions referred well above 300 case matters to the OAH in the 2019 fiscal year. In that period, the office conducted more than 350 proceedings that included hearings, pre-hearings, motions, settlement conferences, and status conferences. The OAH posts many of its decisions online, including those issued under HRS Chapter 103D (procurement cases) and also regularly maintains the Hawaii Procurement Code Desk Reference, which is also available on its website.

Business Registration Division Known widely for matters related to its namesake, the Business Registration Division (“BREG”) is led by Ty Nohara, Commissioner of Securities and is organized into two main areas: Business Registration and Securities.

The Business Registration branch maintains the State’s business registry and is responsible for the ministerial business registration and processing of business registration documents for corporations, general and limited partnerships, limited liability partnerships, limited liability companies, and cooperatives conducting business activities in the state. The registry, which is maintained for public access, also contains filings for trade names, trademarks, service marks, and publicity name rights.

The Office of the Securities Commissioner (“OSC”) provides regulatory oversight over the securities industry and franchises in the state and is comprised of Compliance and Enforcement branches. The Securities Compliance Branch is responsible for the registration of securities broker-dealers, securities agents, investment advisers, investment adviser representatives, investment companies, securities offerings, and the filing of franchise offering circulars in the state. The compliance branch also conducts field examinations of broker-dealers and investment advisers in Hawaii. The Investor Education Program (“IEP”), which organizationally falls under the compliance branch, provides investor education and financial literacy

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outreach statewide. The IEP’s free educational materials, presentations, and exhibits help consumers and investors detect and prevent securities fraud and report securities law violations. The Securities Enforcement Branch of the division conducts administrative investigations into alleged violations of the Hawaii Uniform Securities Act and the Hawaii Franchise Investment Law. The enforcement branch staffs several attorneys and may initiate investigations through complaints, inquiries, or information received from other agencies or sources. While most of the investigations by the branch are conducted and prosecuted independently, they also regularly cooperate with federal and local regulatory and law enforcement agencies. The enforcement branch prosecutes alleged violations in administrative and civil proceedings under the aforementioned Acts. The Securities Enforcement Branch has the authority to issue administrative cease and desist orders to stop violations of the laws, to deny, suspend or revoke a license, and may bar individuals from participating in the securities industry. The branch may bring administrative or civil actions on behalf of the State of Hawaii to enjoin violations of the laws, and to obtain equitable remedies including rescission, restitution and penalties against the violators. The branch may also refer violations of the laws to the appropriate criminal agencies, such as the Prosecuting Attorney’s Office or the United States Attorney’s Office, for criminal prosecution.

The Securities Enforcement Branch brings administrative actions and enters into agreements and orders with individuals and entities each year. The actions, agreements and orders become public records. The branch recently implemented an outreach training program for local law enforcement agencies to help them understand what securities are, how securities fraud can be detected and prevented, and the role of BREG. Cable Television Division The Cable Television Division (“CATV”) supports the director of DCCA in the regulation of cable television operators and the facilitation of expanded access and use of broadband services. CATV is led by Cable Administrator Ji Sook (Lisa) Kim. CATV’s primary regulatory function is to determine whether the issuance, renewal, or transfer of a cable franchise is in the public interest, considering factors including the public need for the proposed service; the legal, technical, financial, and operational ability of the applicant or franchisee to provide safe, adequate, and reliable service; and other matters the director deems appropriate for each respective application.

Solutions Start Here The director sets franchise terms and requirements for cable television operators through the issuance of Decision and Orders, which include franchise agreements with the cable operators, and letter orders. During the term of the franchise, CATV continues to protect the public interest through the monitoring and enforcement of the cable operators’ obligations under the respective applicable franchise orders and by ensuring compliance with state rules and regulations, consistent with federal laws and requirements, relating to cable operators’ practices and procedures.

As part of its cable franchise, DCCA/CATV also requires cable operators to provide support to a wide diversity of informational services and to enhance communication capabilities for its communities through support of public television; public, educational, or governmental (“PEG”) access; and the interconnection of public facilities. This includes providing channels for PEG access as well as providing a percentage of franchise fees to fund PEG infrastructure and activities.

In 2010, DCCA/CATV was charged with additional duties to promote and facilitate statewide access to affordable, broadband-level telecommunications service and to promote broadband adoption and use.

Activities include supporting public and private efforts to facilitate deployment of and access to competitively priced broadband and internet access services with the assistance of the Broadband Assistance Advisory Council, comprised of public and private broadband stakeholders appointed by the Hawaii State Legislature, to advise DCCA on policies and funding priorities to expand broadband deployment and use. CATV’s recent activities include the launch of DCCA’s No Internet Service Mapping tool that maps wholly unserved areas and its Internet Speed Map tool that maps home internet speeds, both of

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which can help to better direct efforts to improve connectivity to areas of need across the state.

In addition to local oversight, DCCA/CATV also participates in certain proceedings before the Federal Communications Commission on matters relating to cable television, telecommunications, and broadband where it is deemed necessary to represent the state’s interest.

Division of Consumer Advocacy The Division of Consumer Advocacy (“DCA”) represents, protects, and advances the interests of consumers of utility and transportation services before regulatory agencies, primarily the Public Utilities Commission (“PUC”). DCA is led by Executive Director Dean Nishina.

The utilities and services include electric, synthetic natural gas, telecommunications, transportation, and water and wastewater companies. The PUC is a quasi-judicial tribunal that regulates public service companies operating in Hawaii. Companies regulated by the PUC must file an application for any proposed significant action, such as a rate increase or capital improvement project. The DCA thoroughly reviews the application to determine if the request is reasonable and in the best interest of consumers as a whole before issuing a recommendation to the PUC. The review includes analyzing financial and statistical data, prior docketed material, industry standards, and information provided by the requestor to support their application. The DCA may be called upon to provide oral testimony, subject to utility company cross-examination, in contested case evidentiary hearings to resolve differences among the parties in PUC proceedings.

Due to changing statutory requirements, the DCA has been challenged with considering the environmental, economic, and other long-term benefits of renewable energy projects, Safe Water,

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and Clean Air considerations, and must balance the costs and benefits for ratepayers. In the energy industry, longterm power purchase contracts can also complicate matters as technology advances and renewable energy costs become increasingly competitive, thus the division never relents in its analysis, also weighing risk and reliability. The DCA supports the Hawaii Clean Energy Initiative goal of achieving 100 percent of the state’s energy production from renewable resources by 2045 and factors affordability, reliability, and resilience into the positions taken by the division.

The DCA is constantly engaging in compulsory discussions in all industries regulated by the PUC, including intrastate shipping. The DCA faces tough challenges in navigating the potential cost increase to Young Brothers, LLC customers also dealing with economic difficulty while avoiding the threat of losing a lifeline to the neighbor islands.

Division of Financial Institutions The Division of Financial Institutions (“DFI”) provides regulatory oversight for the state’s financial service providers. The division is led by Financial Institutions Commissioner Iris Ikeda, and provides supervision, regulation, and examination of all Hawaii state-chartered and state-licensed financial institutions, including banks, foreign banking agencies and representative offices, trust companies, financial services loan companies, and credit unions. In 2013, the DFI completed its electronic filing and examination process to provide supervisory oversight. Communications to DFI are now primarily managed through email.

The DFI works closely with the Federal Deposit Insurance Corporation (“FDIC”), Federal Reserve Bank of San Francisco, Consumer Financial Protection Bureau, and National Credit Union Administration to provide supervisory oversight over banks, credit unions and

other financial institutions. Applications for a new charter are generally submitted by counsel due to the complex nature of the application review process.

The supervision involves regular review of the financial institution’s financial condition, safety and soundness as well as the regulatory compliance of consumer protection laws. The DFI also reviews the appropriateness of using restricted terms that may lead consumers to believe a company provides financial services.

The DFI is the only state regulator which licenses non-depository companies including escrow depositories, money transmitters, mortgage loan originators, mortgage loan originator companies, mortgage loan originator branches, and mortgage servicer companies operating in Hawaii. The license review includes review of a company’s business plan, financial condition, regulatory policies, and appropriateness of the management of the business. The DFI conducts regular examinations on licensed companies to ensure and confirm they are in a safe financial condition and comply with consumer protection laws.

For violations of state or federal laws, the DFI may order the company to fix systems or software platforms that cause the compliance violations, order the company to make restitution to consumers, impose restrictions on the company, and impose administrative fines. For federal law violations DFI may also notify the appropriate federal agency for further action. For egregious regulatory violations or where there is serious consumer harm, the Commissioner will issue a cease and desist order or suspend or revoke a license. The DFI may also investigate alleged unlicensed activity by companies.

Insurance Division The Insurance Division (“INS”) is responsible for overseeing the insurance industry in Hawaii, which includes

insurance companies, insurance agents, self-insurers and captives. The division is led by Insurance Commissioner Colin Hayashida. The INS ensures that commercial and individual consumers are provided with insurance services meeting acceptable standards of quality, equity, and dependability at fair rates by establishing and enforcing appropriate service standards and monitoring the solvency of insurers. Administration of Chapters 431, 431K, 431M, 432, 432D, 432E, 435C and 435E, HRS, which provide for the licensing, supervision, and regulation of all insurance transactions in the state and the administration of Chapter 488, HRS, Legal Service Plans, also falls within the division’s duties.

The INS is comprised of several branches, one of which is the Compliance and Enforcement Branch. When a complaint is filed with the division, the Compliance and Enforcement Branch conducts an investigation to assure compliance with the applicable statutes and rules. Appropriate disciplinary actions are recommended by the branch when necessary. If it is determined that a case warrants prosecution it is referred to the Legal Branch for administrative action, with some cases referred to the Department of the Attorney General for prosecution by the state.

The Legal Branch advises the Insurance Commissioner, Chief Deputy Commissioner, branch chiefs, and the INS on all legal matters and serves as the interface between the division and the Department of the Attorney General. Branch attorneys also serve as hearings officers for administrative hearings as assigned by the Insurance Commissioner; research insurance issues; interpret statutes and rules; review and analyze administrative decisions and rulings; prepare legislative bills, testimonies, and administrative rules; respond to requests for formal and informal legal opinions; assist other INS branches in enforcing compliance with the Insurance Code; and provide assistance to

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other branches in supervision, rehabilitation, and liquidation proceedings.

Office of Consumer Protection The Office of Consumer Protection (“OCP”) acts on behalf of the DCCA director and serves as the consumer counsel for Hawaii under HRS Chapter 487.

The OCP is led by Executive Director Stephen Levins. As consumer counsel for the state, the office is the primary agency responsible for reviewing, investigating and prosecuting allegations of unfair or deceptive trade practices in consumer transactions. The OCP’s enforcement jurisdiction encompasses a wide range of businesses and commercial activities including, but not limited to: advertising violations, door-to-door sales, gift certificates, offers of gifts and prizes, going out of business sales, refunds and exchanges, collection practices, credit sales, health clubs, towing, fine prints, and motor vehicle rentals.

The OCP receives on average around 6,000 complaints a year. The office’s Investigative Section receives cases from the DCCA’s Consumer Resource Center and gathers evidence to determine whether consumer laws have been violated. Investigators may conduct site inspections, interview witnesses, collect documentation, analyze evidence, write reports, and serve subpoenas. The Legal Section of the OCP is comprised of enforcement attorneys who undertake civil enforcement actions against violators of consumer law. The enforcement attorneys also engage in formal and informal resolution of cases prior to filing lawsuits. In the 2019 fiscal year, the OCP through its efforts recovered more than

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$4 million in fines, penalties, costs, and restitution for Hawaii consumers.

In addition, the OCP also runs the Residential Landlord-Tenant Information Center. OCP staff takes dozens of calls daily, Monday through Friday, from individuals about landlord-tenant issues.

While the center does not represent landlords or tenants in court or provide any legal advice, callers are provided with information and clarity on Hawaii’s landlord-tenant laws (HRS Chapter 521). This service proved to be invaluable and greatly utilized as COVID-19 disrupted the lives of everyone and triggered the issuance of a moratorium on evictions. Prior to the pandemic, the Residential Landlord-Tenant Information Center would normally accept walk-in inquiries in addition to phone calls. The office, however, suspended walk-in service for the safety of consumers and staff following the governor’s emergency order.

Professional and Vocational Licensing Division The Professional and Vocational Licensing Division (“PVL”) is responsible for implementing the licensing regulations for 52 different professions and vocations. The PVL is led by Licensing Administrator Charlene Tamanaha.

Twenty-five licensing regulatory boards and commissions are administratively attached to DCCA/PVL and oversight of another 27 licensing programs are placed with the Director. The division provides support to the licensing regulatory boards, commissions, and programs; handles applications and licenses; reviews and processes renewals; maintains license records; provides guidance to properly implement licensing laws and administrative rules and responds to consumer inquiries on whether a person or an entity is properly licensed, to help them decide whether to use the services of that person or entity.

The PVL is divided into four branches. The Administration Branch serves as the liaison between the DCCA director, the 25 boards and commissions administratively attached to the department, and the 27 programs. The branch handles board affairs such as coordinating, preparing, facilitating and recording board meetings; ensuring board compliance with applicable laws that guide and direct its conduct; and implementing board decisions on applications, policies and procedures, and disciplinary actions.

The Administration Branch also responds to requests for interpreting licensing laws and rules, oversees licensing and examination activities, and guides and assists

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with regulatory compliance issues. The same activities are done for the 27 programs (absent the necessity of board meetings) on behalf of the Director.

The branch also performs substantial coordination and facilitation activities with other federal, state, and county agencies involved with licensing and regulatory issues.

The Real Estate Branch performs the same functions as the Administration Branch, but specifically for real estate licensing and regulation and condominium property regimes. With a large volume of applicants, licensees, and registrations, the branch administers the Real Estate Recovery Fund, Real Estate Education Trust Fund, and the Condominium Education Trust Fund. The Real Estate Branch also administers education and research programs in the field of real estate and condominiums.

Regulated Industries Complaints Office The Regulated Industries Complaints Office (“RICO”) is the enforcement arm of the boards, commissions, and programs administered by the PVL, and investigates and prosecutes licensing law violations by Hawaii licensees and unlicensed persons engaging in professions and vocations that require a license. The RICO is led by Complaints and Enforcement Officer Esther Brown.

The RICO also administers the State Certified Arbitration Program for “lemon” motor vehicle claims, which consumers of newer cars can bring against vehicle manufacturers for serious suspected defects.

Three different sections are integral to RICO’s complaints processing function. They are the Intake Section, Field Investigation Section, and the Legal Section. The Intake Section is more commonly known as the Consumer Resource Center (“CRC”). The CRC handles intake functions not only for RICO, but also for the Office of Consumer Protection, and provides consolidated

background information about businesses that include basic business registration, licensing, and complaints history information.

Part of the intake process includes assisting consumers before they even file a complaint, such as by offering use of a self-help template letter for communicating their concerns and demands to licensees or unlicensed persons. It is not uncommon for the intake investigator to solicit an explanation or response from a licensee following a complaint inquiry too, and in most cases the response is often sufficient to end the dispute without the need for a formal complaint or investigation. The department estimates that in the 2019 fiscal year, more than 5,200 RICO complaint inquiries and close to one thousand OCP complaint inquiries ended in the CRC before any formal RICO complaint was filed.

Once the CRC receives a signed RICO complaint form, the intake investigators conduct preliminary investigations or reviews and screen the complaints for possible further investigation or enforcement. In the 2019 fiscal year, CRC initiated and processed 2,764 RICO complaints against licensees and unlicensed persons, most of which were referred to the Field and Legal Sections.

Formal investigations of complaints are conducted of licensees or unlicensed persons who engage in industry work that requires a license. If there is sufficient evidence of a possible licensing violation, the evidence is referred to the Legal Section for further review and consideration of enforcement action.

Enforcement cases against licensees are handled administratively, with the boards, commissions, and programs serving as the final decision makers when they issue final orders. Contested case hearings are heard by an OAH hearings officer.

For cases involving unlicensed activity, the RICO may pursue enforcement action by filing a lawsuit with the Circuit

Court for monetary fines and a permanent injunction prohibiting future unlicensed activity.

The RICO also runs the State Certified Arbitration Program (“SCAP”), which administers Hawaii’s “Lemon Law.” Under certain conditions, a consumer may be entitled to receive a refund or replacement of a vehicle that has a nonconformity, defect, or condition that is covered by the car’s warranty and that substantially impairs the use, market value, or safety of the car. SCAP provides a low-cost arbitration forum for consumers to resolve car warranty complaints if initial resolution attempts directly with the manufacturer are unsuccessful. When consumers file a demand for arbitration SCAP will evaluate the filing and schedule an arbitration hearing if warranted. The consumer is required to pay a $50 filing fee, but it is refunded if the consumer prevails in arbitration. The manufacturer or its authorized repair dealership is also given a reasonable opportunity to repair the vehicle before an arbitration hearing is scheduled.

Hawaii Post-Secondary Education Authorization Program The Hawaii Post-Secondary Education Authorization Program (“HPEAP”) operates within the DCCA pursuant to HRS Chapter 305J. The HPEAP is led

by Program Administrator Bobbi LumMew. Accredited degree granting institutions that meet the physical presence definition of the chapter and are not exempt must seek and obtain state authorization to operate. They also need to seek reauthorization every two years.

The purpose of the chapter is to meet requirements for state authorization under Title IV of the Higher Education Act. Without state authorization, Hawaii’s institutions would not be able to participate in federal financial aid programs.

HPEAP, by way of the DCCA

director, may issue declaratory rulings or informal, nonbinding interpretations and participate in contested case proceedings through the Office of Administrative Hearings.

Conclusion The DCCA, through its various divisions, boards and commissions, and attached agencies, makes numerous critical decisions and takes necessary actions to assist Hawaii’s businesses, industries, and professionals efficiently and effectively while ensuring that consumers are effectively represented and protected.

The department and its affiliated boards and commissions also contribute to other critical determinations affecting regulation of financial institutions, insurance, securities and investments, and consumer protection. The DCCA is committed to improving consumer protection and business regulation in the state. Amid a complex and evolving regulatory environment, the department continuously strives to make Hawaii a safer place for consumers and a robust place for businesses to operate. __________________ 1

DCCA includes nine outward facing divisions: Office of Administrative Hearings, Business Registration Division, Cable Television Division, Division of Consumer Advocacy, Division of Financial Institutions, Insurance Division, Office of Consumer Protection, Professional and Vocational Licensing Division, and the Regulated Industries Complaints Office; three support divisions: Office of the Director, Administrative Services Office, and Information Systems/Communications Office; Hawaii Post-Secondary Education Authorization Program within the Office of the Director; and attached agency the Public Utilities Commission.

The contact information for these divisions is as follows: Office of Administrative Hearings (OAH) (808) 586-2828 oah@dcca.hawaii.gov

Business Registration Division (BREG) (808) 586-2727 breg@dcca.hawaii.gov Cable Television Division (CATV) (808) 586-2620 cabletv@dcca.hawaii.gov broadband@dcca.hawaii.gov Division of Consumer Advocacy (DCA) (808) 586-2800 dca@dcca.hawaii.gov Division of Financial Institutions (DFI) (808) 586-2820 dfi@dcca.hawaii.gov Insurance Division (INS) (808) 586-2790 insurance@dcca.hawaii.gov Office of Consumer Protection (OCP) (808) 586-2630 ocp@dcca.hawaii.gov Professional and Vocational Licensing Division (PVL) (808) 586-3000 pvl@dcca.hawaii.gov Regulated Industries Complaints Office (RICO) (808) 587-4272 rico@dcca.hawaii.gov Hawaii Post-Secondary Education Authorization Program (HPEAP) (808) 586-7327 hpeap@dcca.hawaii.gov Director’s Office (808) 586-2850 dcca@dcca.hawaii.gov * This article is the collective result of written contributions from the DCCA divisions, Director’s Office, and Communications Officer Jayson Horiuchi. Horiuchi has been with DCCA since 2007, serving in educational and public outreach roles for a few of the offices during his tenure, and took over as the department’s communications officer earlier this year. Prior to his employment at DCCA, he worked in news at KHON-TV for six years and earned a bachelor’s degree in broadcast journalism from the University of Hawaii at Manoa.

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Chief Justice Recktenwald’s Response to the 2019 Bench Bar Report

On behalf of the Hawaii State Judiciary, I would like to thank the attorneys and judges who participated in the 2019 Bench Bar Conference. I would also like to thank the HSBA’s Judicial Administration Committee, and in particular, co-chairs Associate Justice Simeon R. Acoba (ret.) and Steven J.T. Chow, for organizing the conference. Participants included over 170 attorneys, and nearly 40 judges and court administrators. The Judiciary deeply appreciates those who participated at the conference and the Judicial Administration Committee members who prepared the resulting report.

As with past years, each of the suggestions and comments raised in the conference report has been reviewed and considered by me, our Chief Judges, and the Administrative Director of the Courts. It was also shared with all our judges and senior court administrators. Notably, since the Bench Bar Conference was held in November 2019, much has changed in Hawaii due to the unprecedented COVID-19 pandemic. The pandemic has necessitated significant changes in court operations to protect the health and safety of all court users and personnel while ensuring that courts continue to provide critical services.

As a result, my response to the report will both address the questions and concerns raised during the last Bench Bar Conference, while also updating the bar on significant actions taken by the Judiciary in response to the pandemic. We hope that the following information is helpful, and thank the HSBA for its support during these challenging times.

COMMON TOPICS There was considerable discussion at the Bench Bar Conference on the topic of privacy and attorney use of social media. Discussion centered around Hawaii Rules of Professional Conduct (“HRPC”) Rule 1.1 and whether attorneys should use social media to communicate with clients and obtain information. The overwhelming

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consensus was that attorneys should be able to use public information found on the internet without reservation; however, attorneys should not purposefully gain access to private information by sending a “friend request” to access information on otherwise private accounts.

Overall, there was a recognition from participants that technology is rapidly changing and, therefore, many issues should be addressed on a case-by-case basis rather than establishing blanket rules. There was a consensus that there should not be a specific rule about attorney competency with respect to social media, nor should there be any amendments to HRPC Rule 1.1 based on the discussion at the Bench Bar Conference. We will share this information with the Commission on Professionalism for consideration should this topic be raised for further consideration in the future.

Participants also raised issues relating to continuances in the First Circuit district court criminal cases, namely ex parte motions to continue and continuances of trial. The group suggested that the court limit when ex parte motions to continue may be filed vis-à-vis the proceeding sought to be continued, and further suggested that the court allow opportunities to object before granting the motion.

Participants also suggested that the court limit the number of continued trials by not commencing trials that will need to be continued.

Rule 33(c) of the Rules of the District Courts (“RDC”) prescribes deadlines for motions to continue. The rule requires motions for continuance to be served on opposing counsel not less than 72 hours before the time specified for the hearing. Opposing affidavits may be served not less than 24 hours preceding the hearing. The COVID-19 pandemic underscores the importance of this requirement, as motions that are not timely filed cause parties, witnesses, and attorneys to appear at court unnecessarily. Attorneys have been advised that the rules will be enforced, as set forth in

the Emergency Orders issued by the District Court of the First Circuit.

To address the request that opposing counsel be given the opportunity to object before the court decides an ex parte motion to continue, it is suggested that the party seeking a continuance contact opposing counsel before filing the motion so that if opposing counsel objects, they can file their opposition simultaneously or shortly after the motion is filed. This suggestion has also been shared with the chief judges, requesting that they consider a possible rule amendment.

As to the suggestion regarding continued trials, also referred to as further trials, the court aims to hear trials to resolution in the same court session. Whether trial can be completed in the same session depends on many factors, including the number of witnesses and anticipated lengths of their testimonies, the complexity of the case, and the anticipated number of evidentiary objections. It should be noted that the Hawai’i Supreme Court recently held, on a prospective basis, that HRPP Rule 48 requires a “meaningful” commencement of trial. State v. Alkire, 2020 WL 34651130 (June 25, 2020).

Another area of considerable discussion at the Bench Bar Conference pertained to attorney succession planning.

The consensus of participants was that attorneys should consider designating a successor for the attorney’s practice, noting challenges that arise when attorneys pass away or become incapacitated without identifying a successor to inventory and return client files. HRPC Rule 1.3 provides that “[a] lawyer shall act with reasonable diligence and promptness in representing a client.” The Hawaii Supreme Court recently amended HRPC Rule 1.3 to include Comment [5], which provides: To prevent neglect of client matters in the event of a sole practitioner’s death or disability, the duty of diligence may require that each sole practitioner prepare a plan, in conformity with applicable rules, that designates another competent lawyer to review client files, notify each client of the lawyer’s death or disability, and determine whether there is a need for immediate protective action.

This amendment is effective January 1, 2021.

Bench Bar participants also emphasized that attorneys should not be penalized for failing to name a successor, and recommended that training on succession planning be offered instead to encourage proper planning. One group also suggested that the HSBA or Office of Disciplinary Counsel (“ODC”) conduct research on how other jurisdictions are handling these issues for possible adoption here in Hawaii.

We greatly appreciate the robust discussion on this important topic, and have referred these suggestions to the ODC and president of the HSBA, Greg Frey, for consideration.

Participants also requested clarifications as to when FaceTime is required when a plea is entered in absentia. The Judiciary’s Penal Rules Committee is in the process of crafting a change-of-plea form that will work in conjunction with a waiver of physical presence, in accordance with the Hawaii Rules of Penal Procedure (HRPP). The committee is also working on proposed modifications to the HRPP regarding video conferencing to increase court access while protecting parties’ respective rights.

Currently, in order to have an on-the-record colloquy between a judge and defendant, and to protect the defendant’s right of allocution, if a defendant is not physically present in court, face-to-face video conferencing is required for change-of-pleas to petty misdemeanors and misdemeanors. The court accepts guilty or no-contest pleas to petty misdemeanors and misdemeanors by video conference, including FaceTime and Skype, if the defendant consents. The court also conducts sentencing and imposes sentences for petty misdemeanors and misdemeanors by video conference if both the prosecution and the defendant consent. Due to COVID-19, criminal courts throughout the state have seen increases in remote appearances by attorneys and defendants via video conferencing technology, such as Zoom and WebEx, which the Judiciary launched during the start of the pandemic.

ISSUES RELATED TO CRIMINAL PRACTICE Bench Bar participants in both the district and the circuit criminal groups requested a reexamination of aspects of the criminal justice system, including the process for expungements, drug court, and other specialty courts. There was a recommendation to establish a committee to address these issues with the criminal group at the upcoming Criminal Law Forum. The Bench Bar Conference, and related Law Forums, has been one of the Judiciary’s most significant sources of feedback from the bar, and has been the impetus for several significant initiatives, including the recent pre-trial reform effort. The Judiciary welcomes the opportunity to continue these collaborations with other stakeholders to strengthen additional aspects of the criminal justice system.

Another topic of discussion was the process for making mental health fitness to proceed determinations. Participants suggested improvements to the process, including suggestions to determine ways to fast-track fitness to proceed determinations and establish diversion programs to connect those with mental illness with appropriate resources. The Judiciary also saw a need to make meaningful adjustments to how defendants who may have underlying mental health challenges are addressed through the criminal justice system. Improving the governmental response to community mental illness is part of a national initiative of the Conference of Chief Justices and Conference of State Court Administrators to strengthen

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how we meet the needs of persons with mental illness and behavioral health issues.

On November 6, 2019, the Hawaii State Judiciary and Office of the Governor, in partnership with the State Justice Institute, hosted a state-level summit on Improving Governmental Response to Community Mental Illness here in Hawaii.

Shortly thereafter, the Mental Health Core Steering Committee issued its report summarizing the mental health landscape in Hawaii and recommending legislative improvements. This committee was comprised of representatives from the Judiciary, Hawaii Department of Health (“DOH”), and Department of Public Safety (“PSD”).

This past legislative session, the Hawaii State Legislature passed House Bill 1620 (HB1620), which authorizes a condensed fitness determination procedure for non-violent petty misdemeanants suffering from mental illness. Under the process outlined in HB1620, which has

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been transmitted to the Governor, if fitness is at issue for a defendant charged with a petty misdemeanor not involving violence or attempted violence, the defendant is immediately committed to the Director of Health, who within seven days, or as soon thereafter as is practicable, must examine the defendant and report to the court on the defendant’s fitness. If a court-based certified examiner is available, the court must also appoint the examiner to examine the defendant and provide an expedited report regarding fitness within two days of appointment, or as soon thereafter as is practicable. If, following the reports, the court determines the defendant is not fit to proceed, the court must dismiss the case with or without prejudice in the interest of justice.

HB1620 would also allow for expedited diversion of non-violent pettymisdemeanant defendants from the criminal justice system to services, rather than holding them in custody pending an

initial examination, or at the hospital awaiting fitness restoration—both of which currently average four to six weeks. Thus, if approved by the Governor, the bill would represent a significant shift from a protracted process focused on fitness restoration toward one focused on early diversion to treatment and services.

The Judiciary will be meeting with the DOH and other stakeholders soon to discuss implementation. We hope that these changes improve the process for determining fitnesses to proceed, and create a process that better meets the needs of persons with mental illness and behavioral health issues who come into contact with the justice system. Depending on the success of this new process for non-violent petty misdemeanors, the Judiciary is hopeful that the process can be considered for other types of cases. We appreciate the collaboration of the stakeholders involved, including the DOH, PSD, and the

Legislature. We also thank the Criminal Subcommittee of the Judicial Administration Committee for providing opportunities to discuss this important topic with the bar over the years.

ISSUES RELATED TO CIVIL PRACTICE During the Bench Bar Conference, Judge Gary Chang, the Civil Judiciary Electronic Filing and Service System (“JEFS”) sponsor, presented on the thenpending roll-out of Civil JEFS for circuit, land, and tax appeal court. Since the Conference, the Judiciary has had a successful roll-out of Civil JEFS and has since deployed further enhancements to JEFS to make the system even more user-friendly, including improvements to the JEFS search function upon request from members of the bar.

During these COVID-19 times where social distancing is encouraged, many have expressed appreciation for the ability to

electronically file documents in civil and criminal matters through JEFS, and attention is now turning towards the pending development of Family JEFS. In the interim to address social distancing considerations, family court practitioners in the First, Second, and Fifth Circuit have the option to electronically transmit documents to the courts by email pursuant to circuit orders. For more information about the process to email family court documents and for relevant circuit orders, visit https://www.courts.state.hi.us/covid-19-information-page.

For self-represented litigants, the Judiciary deployed an electronic document submission enhancement to JEFS so individuals who appear pro se in all case types, except First Circuit family court, can electronically submit their documents to the courts. Those documents will then be appropriately filed by court staff. We appreciate that this array of filing and document submission options are available for

use by the bar and public during this time of increased social distancing.

The Bench Bar Conference’s circuit court civil discussion also included a robust review of the recommendations of the Civil Justice Improvement Task Force, which was established to recommend ways to improve civil litigation in circuit court.

My deepest appreciation to the chair of the task force, retired Intermediate Court of Appeals Chief Judge Craig Nakamura, for his outstanding leadership of that effort, and all the judges and attorneys who served as task force members. Thank you also to Steven Chow for his commitment to improving the civil justice system over the years.

During the Bench Bar Conference, Civil Justice Improvement Task Force members facilitated discussions about the proposed rule changes in the Task Force’s report. Thank you to all participants for the thoughtful feedback and to the task force members for helping to lead that

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conversation. The feedback received is included in the 2019 Bench Bar Report and has been shared with the Hawaii Supreme Court, which is considering the proposed rule changes.

Another area of discussion by Bench Bar participants who practice in district court relates to the rules for small claims court. Participants requested a rule change to the Rules of the Small Claims Division of the District Court to allow the court to set a hearing more than thirty days after the date a Statement of Claim is filed. Participants shared that this type of flexibility would be helpful in situations where service was not made immediately or trial was unnecessary. The present circumstances of COVID-19 warrants consideration of increased latitude to suspend the 30-day requirement to adhere to requirements of social distancing, as well as a potential increase in civil cases caused by the economic impacts of the pandemic. This matter has been referred to the District Court Civil Rules and Forms Committee for consideration.

section of the bar and self-represented litigants who appreciated the convenient Honolulu location. During these COVID-19 times, Kapolei Access to Justice Room’s partnership with the Law Library continues with volunteer attorneys providing legal advice to court users through the use of Zoom twice a month. This is consistent with the self-help centers on the neighbor islands, which provide legal information about family court matters in addition to district court matters, and the Honolulu District Court’s Access to Justice Room. All these locations continue to serve the public remotely. For more information about how the public can access these services through the current remote process, please visit https://www.courts.state.hi.us/general_information/access_to_justice_rooms_self_help_centers.

The Judiciary looks forward to continuing efforts to address the suggestions raised in the Report of the 2019 Bench Bar Conference, and others, while we simultaneously adapt to the “new normal” spurred by COVID-19.

ISSUES RELATED TO FAMILY PRACTICE This was the first year that the Bench Bar Conference included a section related to Family Law, and we welcome and appreciate the addition. There was consensus among family law participants that the Judiciary should standardize family court forms across all circuits, using First Circuit as the standard. As shared during the Bench Bar Conference, complete uniformity amongst the circuits may not be possible or desirable given the differences in resources and case volumes; however, to the extent that the planned Family JEFS effort will provide an opportunity to revisit court operations, there may be opportunities for increased standardization.

Participants also suggested forming a committee to develop resources that could help to increase access to family court and provide information to the public. A considerable number of parties to proceedings in family court appear without an attorney, so access to justice efforts have included many Family Law initiatives. Partnership with the bar has been vital to the success of these efforts, and the Judiciary welcomes the opportunity to participate in additional initiatives to address the needs of court users in family court.

Bench bar participants also discussed the Kapolei Access to Justice Room and supported plans to expand service to a Honolulu location. In November 2019, after the Bench Bar Conference was held, the Hawaii State Law Library in Honolulu launched its “Lawyer in the Law Library” program as a satellite location of the Kapolei Access to Justice Room. Before COVID-19, the satellite location was available for appointments two Fridays every month, which supplemented the available services at the Kapolei Access to Justice Room and was well-received by both the Family Law

UPDATE ON THE ADMINISTRATION OF JUSTICE DURING COVID-19 The world is facing a global health crisis that has necessitated unprecedented changes to the administration of justice over a short period of time to protect the health and safety of court users and Judiciary staff alike. We provide this summary of the Judiciary’s COVID-19 responses to date and what we anticipate for the future in the hopes that it provides valuable insight to the bar, during a period of time otherwise fraught with uncertainty. Because the nature of the pandemic is rapidly evolving, we encourage those interested in learning more about the Judiciary’s COVID-19 responses and current court operations to visit the Judiciary’s COVID19 webpage at https://www.courts.state.hi.us/covid-19-information-page for the most recent information.

To summarize the Judiciary’s initial COVID-19 responses, in March 2020, Governor David Ige declared a state of emergency in Hawai‘i in response to the public health threat posed by COVID-19. In turn, the Judiciary quickly placed restrictions on entry to Judiciary facilities to ensure the safety of court users and Judiciary personnel, consistent with State and Federal guidelines. I also issued an order directing the Chief Judges of each Judicial circuit to create plans to significantly reduce the need for in-court appearances and postpone certain court proceedings, while ensuring that emergency and time-sensistive matters continued to be heard, such as temporary restraining order hearings, initial appearances in felony cases, preliminary hearings for in-custody defendants, and matters dealing with mental health. Emergency orders from each circuit followed shortly, and continue to be updated regularly to detail how the practice of law in district, circuit, and family courts

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throughout the state are being impacted.

In March 2020, we also ordered that jury trials be postponed to promote public safety.

Since the Judiciary’s initial response in March, our efforts have continued to center on responding to this unprecedented health crisis while finding innovative ways to maintain vital court operations. To this end, on April 17, we formed the Committee on Operational Solutions. The Committee, chaired by myself and Judge Paul Wong, was formed in recognition of the need for a coordinated and measured response across all circuits to the pandemic.

HSBA Bar President, Greg Frey, is a valuable and active member of the Committee, making sure the concerns of the bar are being heard. We greatly appreciate his service on the Committee, as well as that of HSBA Executive Director Pat Mau-Shimizu. In addition, we are thankful for Chief Judge J. Michael Seabright of the United States District Court for fostering an ongoing dialogue between the state judiciary and our federal counterparts.

Three subcommittees of the Committee on Operational Solutions were created to focus on particular issue areas. The Technology Subcommittee, chaired by Judge Paul Wong, worked quickly to equip our courtrooms and train our judges and staff to utilize remote technology, such as Zoom and WebEx, to conduct court proceedings, in order to minimize the number of people who have to come into our courthouses. Those technologies are now being used across the state, and in all levels of our court system, including district, circuit, family, and appellate courts. The Self-Represented Litigant Subcommittee, chaired by Judge Sherri Iha, recognizes that those without an attorney face unique challenges to court access in the best of times, and that they also may lack access to the technology needed to participate in remote proceedings. They have been working with community partners to address the digital divide and have been creating resources to facilitate access to the court for self-represented litigants. Finally, the jury trial subcommittee, chaired by Judge James

Vacancy-Office of Congressman Ed Case (Washington, DC office) U.S. Congressman Ed Case (Hawai’i - 01) is seeking an experienced Scheduler/Executive Assistant for his Washington, D.C. office. Duties include but are not limited to managing all aspects of the Congressman’s daily and long-term schedule in D.C., the District and elsewhere, and coordinating and implementing all administrative functions of the D.C. office including constituent requests and records management. Direct report is to the Chief of Staff although the Congressman is routinely involved in all aspects of his office operations.

Very strong preference given to (1) prior Capitol Hill experience especially in scheduling and (2) Hawai’i background, and applicants are asked to detail these attributes. The position also requires initiative, strong interpersonal skills, the ability to multitask, work independently and effectively under pressure, make decisions and solve problems, orientation to detail, excellent verbal communication and writing skills, and long hours especially adjusting to changing time zones.

To apply, please send a resume, cover letter, three references and two short writing samples to HI01resumes@gmail.com with “Scheduler/ Executive Assistant” in the subject line. Please, no phone calls, faxes or drop-ins.

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Ashford, was formed to determine how to meet the constitutional mandate of a trial by a jury of one’s peers during COVID-19.

Thanks to the work of the Committee on Operational Solutions and the three subcommittees, the judiciary has made tremendous progress in protecting the health and safety of everyone in our courthouses while ensuring due process is maintained. We have been able to resume non-emergency proceedings with the assistance of remote hearing technology and robust safety precautions in all our facilities. I would like to thank Judges Wong, Iha, and Ashford for their dedication and leadership. I would also like to acknowledge the numerous other judges, court administrators, and other judiciary staff who have also contributed to the Committee’s ongoing work.

Other steps the Judiciary has taken over the past several months include restarting grand jury proceedings in June.

In addition, we postponed the bar exam to September 9-10, 2020, and established a temporary provisional licensing program to allow registered examinees to defer taking the bar while still practicing. The Hawaii Supreme Court also ordered that any party pursuing a foreclosure must file a signed declaration that they are in compliance with the CARES Act’s foreclosure moratorium. Communicating these orders to the bar and public is critical, so all of the orders issued by myself, the Hawaii Supreme Court, or the chief judges may be found on the Judiciary website’s COVID-19 webpage.

The Judiciary’s paramount concern has been and will continue to be the health and safety of all who pass through the courthouse doors. Since mid-March, judiciary facilities have been closed to all except those with official court business, and court orders also prohibit access to our facilities based on recent travel, for anyone with COVID-19 symptoms, and anyone who had close prolonged contact with a person who has or is suspected to have COVID-19. We have also been performing additional cleaning and sanitization of

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our facilities, particularly of high-contact areas. Social distancing is required in all facilities, as is a face covering.

Furthermore, the National Guard has helped keep everyone in our highest-traffic courthouses safe by conducting temperature checks and health screenings. We were also fortunate to obtain $750,000 in federal grant money through the Attorney General’s office to help respond to COVID-19 and obtain additional PPEs. Looking ahead, we have postponed jury trials until Fall 2020 in light of the recent increases in cases in the state and based on our ongoing conversations with DOH. The chief judges have worked hard to prepare for the resumption of jury trials, including adding plexiglass where needed in our courtrooms and taking steps to ensure that all jury trials comply with social distancing mandates and are conducted in such as a manner as to ensure public safety.

We have been working closely with the DOH in each county, which has conducted onsite visits to provide feedback regarding our preparations. We have also conducted several mock trials to further refine our plans. The circuits’ planning and hard work this summer will prepare us with appropriate precautions for when we are able to resume jury trials. Our deepest appreciation to the members of the bar who have participated in these mock trials or have worked with their circuit’s chief judge to prepare for the eventual reopening of jury trials.

Technology is a vital tool that is helping us to keep the public safe while maintaining operations. To this end, we continue to expand the use of remote technology in different case types. While not a topic of interest at the most recent Bench Bar Conference, participants have previously requested increased use of telephonic appearances in uncontested matters. In fact, Hawaii Rules of Civil Procedure Rule 16.1(a) was originally adopted in response to the 2012 Bench Bar Conference as a way to address participants’ desire to utilize telephonic appearances as an additional tool. Due to the increased need to limit the number of individuals in

courthouses, the courts have further embraced the use of technology to hold many of our court proceedings remotely, whether via telephone or videoconferencing technology. To help the public and members of the bar prepare for a remote hearings, we have created a remote hearing webpage with frequently asked questions, simple WebEx and Zoom instructions, and other valuable information about what to expect with remote hearings: https://www.courts.state.hi.us/remotecourt-hearings-via-zoom-or-webex.

So far, the response to remote hearings has been positive from judges and court users. At the Hawaii Supreme Court, we have done five oral arguments

by WebEx, with one attracting nearly 500 viewers. We will continue to utilize, and expand, our use of technologies such as Zoom and WebEx to conduct proceedings remotely to maintain the health and safety of the public.

As the situation remains fluid, we are constantly monitoring public health guidance and the Governor’s emergency proclamations. And we are in direct and frequent communication with the DOH to determine the most appropriate path forward, even if that were to mean a pause.

But we remain committed to fulfilling our duty to the public to the fullest extent possible while protecting the health and safety of all who enter the courthouse.

While we are looking ahead to what full resumption of operations will look like, we can guarantee that health and safety will remain of fundamental importance in every decision we make. Thank you to HI-EMA, the DOH, the National Guard, HSBA, and our many community partners for aiding our efforts to safely maintain crucial court operations. I would also like to acknowledge the HSBA’s Judicial Administration Committee for your valuable suggestions, feedback, and support as we adapt to administering justice in the “new normal” of COVID-19.

HSBA BOARD

2020 CANDIDATES

Biographies of the candidates running in the upcoming HSBA Board election follow. Ballots have been distributed, and the election results will be announced at the Annual Meeting at the Bar Convention on October 16, 2020.

VICE PRESIDENT CANDIDATE Rhonda Griswold I am truly honored to be asked to run for Vice President of the Hawaii State Bar Association. I was so fortunate to find my way to Hawaii 40 years ago, to find a welcoming ohana at the William S. Richardson School of Law (Class of 1984!), and to find a law firm (Cades Schutte) that has encouraged me to be the best lawyer that I can be and to give back to the community.

And throughout my career, the HSBA has been there. As a young lawyer, I was active in the Young Lawyers Division consumer education committee, writing “ask-a-lawyer” columns. As a young mother, I served on the first-ever HSBA quality of life committee where we promoted more family-friendly policies for law firms. At Cades, I championed our firm’s first paid family leave policy and part-time work policy. While such polices are the norm now, they were not the norm then.

Later, I served as Chair of the Probate and Estate Planning Section and of the Elder Law Section of HSBA. The HSBA sections provide a tremendous opportunity for lawyers to share their knowledge, provide input to potential changes in the law, and promote collegiality.

I also had the privilege of serving as an HSBA Director from 2011 to 2018.

As a Director, I saw first-hand the broad scope of the work that HSBA does to help our profession, from providing free legal research databases and notary services, to providing input on potential changes to the laws that affect our profession, to interviewing and obtaining confidential input from the legal community on

potential judges, to promoting access to justice and civil education.

I have also had the privilege of serving on the Hawaii Women’s Legal Foundation (former President), the Hawaii Justice Foundation, and the Cades Foundation. Such involvement has not only given me an opportunity to help critical legal service providers (such as Volunteer Legal Services Hawaii) and women and children in need, but has allowed me to work with passionate and committed lawyers whom I otherwise would not have had the opportunity to know.

Finally, at Cades Schutte, I have cochaired our Attorney Training and Development Committee for more than 30 years and served for several years on our firm’s Management Committee. I understand the challenges faced by young lawyers in the early stages of their careers and the challenges of lawyers seeking to maintain a profitable practice while providing cost-effective quality legal services and maintaining a reasonable work-life balance.

As professionals and as a society, we are now facing unprecedented and uncertain times. I will do my best to help the HSBA and the attorneys it serves to weather this storm and to help our community and each other.

TREASURER CANDIDATE Alika Piper I am a founding member and partner of Klevansky Piper, LLP, with a practice focusing on bankruptcy and business litigation. I am a 1997 graduate of the William S. Richardson School of Law.

I also have a degree in accounting. Currently, I serve as a Hawaii Lawyer Representative for the Ninth Circuit Judicial Conference. As a past HSBA Director, Treasurer, and member of its Finance Committee, I would be honored to serve again as Treasurer for the HSBA and would work diligently to serve Hawaii’s legal community in these challenging times.

SECRETARY CANDIDATES Russ Awakuni I manage the Legal Aid Society of Hawaii, Leeward Oahu and Windward Oahu offices, and I received my law degree from Loyola Law School. I am currently the Secretary to the HSBA Board of Directors. My time as an officer and a past director of the Board fuels my desire to give back to the profession and to bring a non-profit attorney’s perspective to policy choices, judicial nominee vetting, and operational decisions. I hope to continue to serve as Secretary of the Board.

Michael Cashman As a third-generation lawyer, my family has a proud tradition of community service. My father and grandfather were state court judges, and I attended West Point and served a decade in the infantry before attending law school in 2001. Prior bar and community service includes: two-term delegate; chair,

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international law committee; general counsel, consumer law section; 15 years on ethics, professional responsibility and practice and procedures committees; chair of three non-profits; and officer of two alumni organizations presently serving the WPS-HI and HIANG. I practice business law and estate planning and will work to expand HSBA active membership and networking opportunities.

ture. Through my position, Maui’s needs are being heard. For my second term, I intend to further my commitment to Maui attorneys to improve our 2nd Circuit legal community and to ensure that our voice continues to be heard. Vote for me!

DIRECTOR CANDIDATES: OAHU Tristan Andres

DIRECTOR CANDIDATE: EAST HAWAII Gerry Hasegawa Having served as an HSBA Director for many years, I am familiar with the board’s responsibilities and the difficult issues it faces. During my tenure as a director, I have coordinated CLE programs and have pushed for more inclusiveness of neighbor island attorneys. As chair of the Transitioning Lawyers Committee, I have worked to provide critical information to our members. The HSBA has continued to increase its webcasting seminars and has made positive changes to address neighbor island issues. I am committed to representing the needs and concerns of my East Hawaii constituents and would be honored to continue to serve as your representative.

DIRECTOR CANDIDATE: MAUI Jacob Lowenthal As Maui Director for the previous term, I brought Maui’s views and voice to the table so our concerns and needs were met. I assisted in the process of judicial selections resulting in HSBA recommending top tier candidates for Hawaii’s judiciary including Maui. I advocated for Second Circuit Judiciary improvements which were eventually approved of within the Hawaii Legisla-

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I am a partner at Deeley King Pang and Van Etten. Admitted in 2013, my practice focuses on insurance coverage and bad faith litigation. I am the current Chair of the HSBA’s Insurance Coverage Litigation Section, where my efforts focus on bringing experienced speakers to broaden the section’s knowledge of current insurance litigation issues and resources. My volunteer activities include community outreach insurance seminars and publications, Junior Judges, and Courts in the Community. I am excited for the opportunity to serve as a Director, with the goal of expanding community outreach and legal services in these challenging times.

Steven Chow Owner, The Pacific Law Group. Graduated William S. Richardson School of Law 1981; Adjunct Prof. William S. Richardson School of Law 1998-2004. Member: HSBA (Secretary 1995, Director 2001-present) and ABA. I will continue to work to improve HSBA benefits, increase community education and insure the HSBA is responsive to its membership. I have been the co-chair of the Judicial Administration Committee since 2012 which coordinates the annual Bench-Bar Conference and Forums that brings together members of the HSBA Bar and the judiciary to discuss topics and issues to help improve the judicial system.

Vladimir Devens My goal while serving on the board has been to make the HSBA more responsive to your needs. To that end, I cochaired a committee that surveyed and reviewed the HSBA’s mission and services to improve our organization. I also served on the Judicial Administration Committee and as a Group Leader in last year’s Bench-Bar Conference. Civil justice reform was discussed at length along with proposals relating to discovery, pretrial and settlement conferences to eliminate what many consider to be nonproductive requirements. If given the privilege to serve another term, I will continue to do my best for you.

William Harrison As a 1981 graduate of the William S. Richardson School of Law, I strive to give back to the community in diverse ways. I am a founding member and current lecturer and supervising attorney with the WSRSL, Hawai‘i Innocence Project. I am a member of the Supreme Court Permanent Penal Rules Committee and the HSBA Committee on Judicial Administration.

Among other committees and commissions, I served as chairperson of the Hawai‘i Judicial Selection Commission. I previously served as a HSBA Oahu Director from 2011-2012 and presently from 2019-2020. I would humbly ask for your vote once again!

Erin Kobayashi I am an attorney at Kleintop & Luria, LLP and practice in the area of family law. I currently serve as an Oahu Director of the Hawaii State Bar Association (HSBA) and Treasurer of Hawai‘i Women Lawyers.

Now, more than ever, the HSBA has a

significant role to play in serving and supporting its members and encouraging programs that provide and expand access to legal services for the community. I am seeking re-election to advance these and other efforts that serve to fulfill HSBA’s responsibility to its members.

Paul Naso The strength of any governance board is the competence and diversity of its members. Differing perspectives are good and ensure problems and challenges are resolved on the merits. I believe my unique experience and perspective benefit the board and its membership. As a General Counsel, I balance both legal and business interests, often serving as a liaison between competing interests to find common ground if possible, but to ultimately solve problems. For over six years, I worked with General Counsels to reconstitute the Corporate Counsel Section. I have also served as HSBA Treasurer for the past two years.

disputes

Resolving

equitably

Experienced in mediating and deciding complex family law, wills, trusts and probate cases including family business disputes. Also experienced in commercial, corporate, personal injury, HR and business mediations and arbitrations.

Michael A. Town Circuit Court Judge (Retired) Trial judge from 1979 to 2010 in Family and Circuit Court. Graduate of Stanford University (A.B), Hastings Law (J.D.) and Yale School of Law (LL.M).

523-1234 • 285-2408 Dispute Prevention and Resolution “Let justice be done though heavens may fall”

1003 Bishop St., Suite 1155 • Honolulu, HI 96813

Zale Okazaki I have presently served two terms on the HSBA board and am running for a third. I have served as fundraiser chair for at least ten years and presently serve on the Nominating Committee. I am also on the Hawaii Women Legal Foundation Board and the Friends of the Family Specialty Courts Board. I am a partner of the law firm Chong Nishimoto Sia Nakamura & Goya and have practiced since 1990.

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H SBA HAP PE NIN GS Board Action

Clio

At its meeting in July, the HSBA Board approved the survey instrument that will measure the impact of COVID19 on the legal industry, the results of which will be shared with members and used to help HSBA with future planning efforts.

Clio’s industry-leading, cloud-based legal practice management, client intake and legal CRM software streamlines law firm operations, improves productivity, and enables legal professionals to increase their revenues from one central location. With powerful tools for client intake, case management, document management, time tracking, invoicing, and online payments, Clio simplifies firm management so you can spend more time doing what you do best— practicing law.

Approved by more than 66 bar associations and legal societies, Clio provides industry-leading security, customer support, and over 125 integrations with legal professionals’ favorite apps and platforms, including Fastcase, Dropbox, Quickbooks, and Google Apps. Hawaii State Bar Association members are eligible to receive a 10% discount on Clio products. Sign up today (https://bit.ly/2EtaaHN) and use promo code: HIBAR

Member Benefits Spotlight ABA Retirement Funds Program The ABA Retirement Funds Program (the “Program”) offers an employer-sponsored retirement plan. For over 55 years, the Program has been committed to providing the tools necessary to help all legal professionals achieve retirement security. Their structure allows your firm to focus on the success of the practice while we provide the highest level of fiduciary oversight allowable through ERISA, reducing your fiduciary risk. Through their purposeful innovation, they provide an investment platform with options to allow for optimal choice and flexibility for your participants and a fully bundled service model, customdesigned to meet the unique needs of your firm, to help you and your plan participants learn more, save more and worry less. They offer all of this at a competitive price whether you are a solo practitioner or a large corporation.

Through the unique culture created between the ABA Retirement Funds and their Program partners, they aspire to help every law firm, lawyer and legal professional secure their financial futures. Call them at (800) 826-8901 for a free consultation or visit https://bit.ly/32E7grV for more information.

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Elaw Powered by ePaymentAmerica Don’t get stuck with collections, accept credit and debit card payments from your clients. Elaw processing service is trust account compliant. Call (888) 221-2203 ext. 5904 for more information.

Enterprise / National / Alamo For Emerald Club enrollment, please visit https://bit.ly/2EgBFnZ. Please visit the HSBA custom booking link (https://bit.ly/2EBbl7y) for Enterprise / National / Alamo rentals.

Emerald Club Benefits Flyer (https://bit.ly/2D1OL7U) provides a brief overview of the benefits

Account Reps (https://bit.ly/34tJstf) is HSBA’s dedicated local team to assist with questions, concerns, and or sold out requests.

Please contact Nadine Cunningham at (808) 543-1508 with any questions, concerns or assistance.

Hawaii State FCU HSBA members are eligible for membership with Hawaii State Federal Credit Union. Hawaii State FCU offers low rates on business loans and lines of credit, mortgages, home equity lines of credit, auto loans, and personal loans.

Additional services include free EChecking accounts, surcharge free access to over 400 ATMs statewide, free online and mobile banking, and much more. Call (808) 587-2700 or (888) 5861056 (toll free) for more information.

LAWCLERK LAWCLERK is where attorneys go to hire freelance lawyers. Whether you need a research memo or a complicated appellate brief, LAWCLERK’S network of thousands of talented freelance lawyers has every level of experience and expertise. When you find amazing freelancers you can add them to your “team” so you can work together on a regular basis, without the overhead of full-time employees. Sign-up is free and there are no monthly fees–only pay the flat-fee price you set for each project.

Hawaii Bar members receive a 10% rebate on their first three (3) projects completed as a hiring attorney using rebate code “HI-MEMBER.” Learn more and sign up today by visiting their website (https://bit.ly/2QpVawI).

LawPay Vetted and approved by all 50 state and more than 70 local and specialty bars, LawPay is proud to be the preferred payment partner of more than 35,000 law firms. Designed specifically for the legal industry, LawPay provides attorneys with a simple, secure way to accept online payments in their practice.

LawPay understands the unique compliance and financial requirements placed on attorneys, which is why their solution was developed specifically to correctly separate earned and unearned fees, giving you peace of mind that your credit card and eCheck transactions are always handled correctly. For more than a decade, LawPay has made it as easy as possible for attorneys to receive payment for their services, and HSBA members receive a three-month free trial. To learn more, call (866) 376-0950 or visit their website (https://bit.ly/34xraHB).

Mercer Mercer provides Lawyers Professional Liability Insurance underwritten

by Westport Insurance Corporation, a member of Swiss Re Corporate Solutions.

The program offers very broad coverage at affordable premiums. Contact the Mercer Hawaii Bar Service Center at (800) 200-4089 or go to their website (https://bit.ly/2QnR73X).

PSH Insurance inc./AFLAC Benefits Health insurance pays doctors and hospitals. AFLAC supplements your health insurance with cash benefits for Critical Illness, Cancer Care and Accidents, providing added financial resources to help you pay for the many unexpected out-of-pocket costs you incur when you are sick or hurt, including everyday living expenses.

For more information visit their website (https://bit.ly/3gtGfMy) or contact Richard Fonseca at PSH Insurance Inc. at (808) 531-6211 or

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r.fonseca@pshinsurance.com.

PSH Insurance is also an approved partner providing Complementary Employee Benefit Insurance Reviews and Temporary Disability Insurance rates exclusively for HSBA member firms.

Ruby Receptionist If you are worried about missing calls from potential clients, let Ruby® help you build trust one call at a time.

Thousands of attorneys trust Ruby to help them grow their firms and delight their callers, and have been doing so for 15 years. Their live, virtual receptionists create meaningful connections with callers and builds trust with each interaction—increasing the likelihood that you’ve secured a client for life. Any caller could be your next big case, and we are here to make sure you don’t miss it.

Ruby Receptionists answer with your custom greeting in English and Spanish, transfers calls through to you live when you are available, takes messages or offer voicemail when you are not, collects intake, answer FAQs, makes outbound calls and more. Their powerful app gives you flexibility and information at your fingertips, while our receptionists make you look good.

HSBA members receive a 8% lifetime discount on monthly plans. (Promo code: HSBA). To learn more, call (855) 906-4600 or visit https://bit.ly/2FRA1cB. Senior Move Managers, LLC / De-clutter Hawaii Senior Move Managers, LLC / Declutter Hawaii understands that there are many physical, psychological, and emotional issues that arise when downsizing our lives. De-clutter offers caring and compassionate consultants to seniors and their family with the goal of minimizing stress for everyone. It is a onestop shop that helps seniors make a stress-free move from their old house to their new home, assists in the downsizing and decluttering of personal belongings

and assists families after a loved one has passed away. De-clutter understands your needs are unique and we are trained to create a customized plan that addresses your specific situation. Senior Move Managers, LLC / De-clutter Hawaii will provide a 5% services discount when you show your HSBA Bar Card.

Westpac Wealth Partners Westpac Wealth Partners understands that the most valuable financial asset HSBA members have is their ability to earn income. They are pleased to offer a 10% discount on individual longterm disability insurance through Guardian. Protecting your income today will make it easy to plan for tomorrow.

For more information, please contact Aaron Domingo to schedule your appointment at (808) 695-2159 or via email at aaron.domingo@westpacwealth.com.

Westpac Wealth Partners is pleased to offer members of the HSBA an advising resource and council in areas of business continuity planning and exit strategies. Knowing how and when to buy, sell, or exit a law practice requires a team of dedicated professionals that can help you build a road map that puts you in the driver’s seat. They take the fear out of taking the leap, whether you are deciding when to retire, or start your own practice. Please contact Aaron Domingo to schedule your appointment at (808) 695-2159 or via email at aaron.domingo@westpacwealth.com.

Visit https://hsba.org/memberbenefits to get more information on the more than 70 member benefits available.

THE AMERICAN JUDICATURE SOCIETY

by Carol K. Muranaka The idea of an organization dedicated to the administration of justice was conceived by Herbert Harley, a lawyer in Manistee, Michigan. He stated: The American Judicature Society was organized in July, 1913, and was granted a charter by the State of Illinois. It is the only organization in the United States devoted exclusively to research and improvement in the administration of justice. It was formed for the purpose of coordinating the efforts of bar associations and individual lawyers throughout the country to assist the profession in expressing itself effectually in anticipated changes in courts and procedures.1 In 1913, the American Judicature Society (“AJS”) was established as an independent, nonprofit, nonpartisan group with a mission of improving the administration of justice in the United States and of increasing public understanding of the justice system. In 2014, the operations of AJS shifted to the AJS, Hawaii Chapter, which was created in 1998.

The Chapter established a separate nonprofit entity to continue the mission of the national organization. AJS’s Center for Judicial Ethics and materials on “Judicial Selection in the States and Jury Center” were transferred to the National Center for State Courts.2 The Duke Law Center for Judicial Studies at Duke Law School took on publication of Judicature, the official magazine of AJS.

Today In continuing the mission of protecting the integrity of the American justice system, the AJS will be sponsoring a convention in November 2021 with the theme, “Judicial Independence in the Age of Political Polarization,” bringing together judges, attorneys, and members of the public to discuss judicial independence.

Leading the AJS are Lawrence S. Okinaga, Chair; Ivan M. Lui-Kawan, Vice Chair; Sylvia H.L. Yuen, Secretary; William M. Harstad, Assistant Secretary; Russell J. Lau, Treasurer; and Colleen K. Hirai, Assistant Treasurer.

In 2019, the AJS opposed legislation that proposed to amend the Hawaii State Constitution to require Senate consent on the retention of justices and judges. Noting that Hawaii’s merit selection system provided an important and effective protection for a fair and impartial judiciary, the AJS testimony explained that the Judicial Selection Commission (“JSC”) evaluates the justices and judges seeking to renew their terms. Besides seeking public comments, the JSC considers the information received from the Hawaii State Bar Association’s (“HSBA”) confidential evaluations by attorneys of the subject justices or judges; (2) confidential evaluations submitted by attorneys under the Judiciary’s evaluative process; (3) comments from the Commission on Judicial Conduct, which monitors allegations of judicial misconduct. The proposed legislation would have replaced the JSC’s informed decision-making and would have essentially undermined public confidence in judicial impartiality and fairness. Eventually, the proposed legislation was not successful.

On a Saturday in late September, 2019, the AJS hosted a four-hour forum on “Hawaii’s Three Branches of Government: A Frank and Open Discussion.” Invitations were extended to the state legislators, the Governor and members of the Cabinet, full-time state court judges, and representatives of organizations from a broad cross-section of the community. More than 100 participants from the federal and state judiciary, legislators, and community leaders

discussed the issues raised by House Resolution 21 (2018 legislative session) where the resolution stated as follows: Be it resolved by the House of Representatives of the Twenty-Ninth Legislature of the State of Hawaii, Regular Session of 2018, that the Hawaii Chapter of the American Judicature Society and the Hawaii State Bar Association are urged to analyze and assess the role of the Judiciary within the constitutional framework of government in the State of Hawaii, including but not limited to topics such as the political question doctrine, the Judiciary’s interrelationship with the legislative and executive branches, the Judiciary’s role in ensuring a workable government, the Judiciary’s role in protecting individual rights and freedoms, and the importance of judicial independence in fostering the rule of law . . . .

Governor David Ige provided opening remarks at the Forum, and Linda Colburn facilitated the discussion that followed the panel presentations by Michael Broderick, President and Chief Executive Officer, YMCA of Honolulu, and former state Administrative Director of the Courts; Clare E. Connors, Hawaii Attorney General; Collen W. Hanabusa, former member of Congress; and Dean Aviam Soifer, William S. Richardson School of Law, University of Hawaii.

The planning committee facilitated

by Larry Okinaga included: Douglas S. Chin, former Hawaii Attorney General; Judge Richard R. Clifton, United States Court of Appeals, Ninth Circuit; Judge Walter Kirimitsu (ret.), Intermediate Court of Appeals; Howard K.K. Luke, 2018 HSBA president; Melody Kapilialoha MacKenzie, professor, William S. Richardson School of Law; Daniel Padilla, attorney; Randy Perreira, Executive Director, Hawaii Government Employees Association, AFSCME Local 152, AFL-CIO; Judge J. Michael Seabright, United States District Court, District of Hawaii; and Sylvia Yuen, Executive Director, Research Corporation of the University of Hawaii.

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After debriefing the Forum, the AJS Planning Committee recommended the following next steps:3 1. AJS should encourage further opportunities for members of the three branches of government to convene— informally or formally, in smaller groups or other large forums, and among persons from the same island—due to the benefits to participants that may come from increased dialogue and understanding of the other branches’ priorities and concerns.

2. AJS should encourage the Hawaii State Legislature and Judiciary to explore mechanisms in other jurisdictions that allow judges to provide input regarding the language of certain statutes in the absence of a published opinion.

3. AJS should encourage additional educational opportunities for public servants and members of the community to better understand the roles and responsibilities attached to the three branches of government.

4. The AJS mission, to work locally and nationally to protect the integrity of the American justice system and to secure and promote an independent and qualified judiciary and a fair system of justice, should be communicated to members of the three branches of government and the community at all times.

The AJS continues to tackle the significant issues of judicial independence. _________________ 1

Harley, “The American Judicature Society: An Interpretation,” 62 U. Pa. L. Rev. 340 (1914). Available at https://scholarship.law.upenn.edu/penn_law_r eview/vol62/iss5/2.

2 The National Center for State Courts (“NSCS”) began its operations in 1971 after United States Supreme Court Chief Justice Warren Burger urged the creation of a central resource for the state courts. The mission of the NCSC “is to improve the administration of justice through leadership and service to state courts and courts around the world.” www.ncsc.org/About-us/Mission-andhistory.aspx.

3 See Report of the House Resolution 21 Committee, November 2019. www.americanjudicaturesociety.org/publications-resources/.

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CASE NOTES Appeal Pointer Omissions from the record by error or accident may be corrected by stipulation of the parties filed in the appellate court. HRAP 10(e)(2)(A). Prior to transmission of the record to the appellate court, corrections may be made by stipulation of the parties filed in the trial court or agency.

INTERMEDIATE COURT OF APPEALS Criminal State v. Adcock, CAAP No. 190000508, August 24, 2020, (Chan, J.).

Defendant-Appellant Brian D. Adcock (Adcock) appeals from the May 31, 2019 Judgment; Conviction and Sentence; Notice of Entry (Judgment) entered by the circuit court. The ICA held that the circuit court did not err in determining that Adcock validly waived his right to testify and that any error by the circuit court in failing to obtain a verbal confirmation of Adcock’s understanding of his right not to testify was harmless. The ICA further hold that the Crime Victim Compensation fee and Internet Crimes Against Children fee did not amount to unconstitutional taxes and the circuit court did not abuse its discretion in imposing the fees against Adcock. However, the ICA also concluded that the circuit court erred in failing to instruct the jury on merger.

Mediator, Arbitrator, Re-

ceiver, and Special Master Services, Employment Investigations

Jerry M. Hiatt • Creative and highly focused mediations in all areas through persistent follow up with all parties. Successful in high stakes mediations for clients of most of Hawaii’s major law firms.

• 43 years of practice in complex civil litigation. Listed in Best Lawyers in 8 areas, including Mediation and Arbitration. Hawaii Lawyer of the Year for Mediation, 2014, Employment Law-Individuals, 2017, Arbitration, 2018, and Mediation, 2020.

• Mr. Hiatt has also performed detailed neutral employment investigations and fact finding for some of Hawaii’s largest companies.

• Mr. Hiatt has also served as a court appointed Receiver in complex commercial matters.

For ADR work, please contact

Dispute Prevention & Resolution (808) 523-1234; dprhawaii.com For employment investigations, please contact jh@hiattlaw.com or at (808) 937-4179. Resume and references at www.hiattlaw.com.

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C O URT BR IEF S Per Diem Judges Malinao and Takemoto Reappointed Clarissa Y. Malinao and Myron H. Takemoto were recently reappointed as per diem judges of the District Court of the First Circuit. Their terms will be August 12, 2020 to August 11, 2022.

Live Webinar – Footprints in the Sand: African American Attorneys in Hawaii The King Kamehameha V Judiciary History Center hosted a live webinar on August 18 in which attorney Daphne Barbee-Wooten shared personal stories and research on the history and contributions of African American attorneys in Hawaii. From helping to establish the William S. Richardson School of Law to protecting civil rights and liberties, this program honors a rich history which began in 1898 and endures through the present work of the African American Lawyers Association of Hawaii.

This program also celebrated Attorney BarbeeWooten’s forthcoming revised edition of her original book: African American Attorneys in Hawaii.

The webinar is available for viewing on the Judiciary History Center’s YouTube channel at: https://www.youtube.com/user/jhchawaii.

Hawaii Supreme Court Law Library Now Open by Appointment Only

Marlene Cuenco and Jenny R.F.F. Silbiger.

After a brief reduction of in-person services due to COVID-19, the Hawaii Supreme Court Law Library has reopened to the public, by appointment only. Appointments times are from 9:00 a.m. to 2:00 p.m.

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Here are the library’s new procedures and guidelines to keep you safe: 1. Please call (808) 539-4964 to make a reservation.

2. Visits are limited to one hour only, as a courtesy to others.

3. Face coverings are required for entry into any Judiciary facility.

4. Enter Aliiolani Hale on the Punchbowl Street side of the building.

5. Social distancing of six feet or more must be adhered to at all times in the library.

6. Hand sanitizer and/or gloves are required for handling of library materials.

7. All payments for library services must be made with a check or exact change. Note: No change will be given for cash payments, please plan ahead and bring ap propriate bills and coins.

8. Patrons are asked to please be mindful of their appointment time. No early entry or overtime will be allowed.

To help you get the most out of your visit, library staff will conduct a brief survey when making appointments to assess what services and/or resources you will need. Staff will also advise you of any materials to bring and if possible, will provide an estimate of fees or costs.

The library’s new remote services also remain available. Patrons are encouraged to use these resources whenever possible: • The Virtual Reference Desk • LiveChat available Monday – Friday, 1:00 to 3:00 p.m. HST (The public can ask legal information questions directly to a law librarian.)

• Remote Patron Access to LexisNexis®, Westlaw, ebooks • Family Law Limited Legal Advice via the Remote Access to Justice Room (Video and/or phone appointments are available on the first and third Thursdays of the month. Call (808) 954-8290 for an appointment).

For more information visit: histatelawlibrary.com.

Services and hours at law libraries in other circuits remain unchanged. Visitors must wear masks at all times and observe social distancing.

ATTORNEY WANTED ATTORNEY TRANSACTIONAL Established downtown law firm seeks attorney to join its dynamic transactional and real estate department. 2 or more years of experience, real estate law preferred. Admission Hawaii Bar Required. Excellent benefits; salary commensurate with experience. Submit resume, salary expectations and writing samples in confidence to: Recruiting Committee/ H.R. Dept.

Case Lombardi & Pettit 737 Bishop Street #2600 Mauka Tower Honolulu HI 96813 Fax 523-1888 Email:hrcoordinator@ caselombardi.com LITIGATION ASSOCIATE Bays Lung Rose & Holma has a need for a litigation associate.

Position is open to graduating law students or candidates with 1-2 years of legal experience, including clerkships. Candidates must have strong research and writing skills.

Competitive benefits, including medical insurance; bar association dues; parking; vacation annually; and sick leave. All inquiries will be held in strict confidence. Please submit resume, transcript, and recent writing sample to Hiring Partner at mail@legalhawaii.com.

LYONS, BRANDT, COOK & HIRAMATSU seeks civil litigation attorney to join and grow our team of lawyers. Responsibilities include all aspects of case investigation and discovery, legal research and writing, court appearances and oral arguments, trial preparation and participation, and appellate briefing and arguments. Preferred applicants have litigation experience, excellent verbal and written communication and advocacy skills, are highly detail oriented and organized, have solid judgment and strong integrity, and are able to work independently and as part of a team. Applicants must be licensed to practice law in Hawaii and in good standing. Salary commensurate with experience. Benefits offered. Please send letter of interest and resume to hr@lbchlaw.com.

O’CONNOR PLAYDON GUBEN & INOUYE LLP, is looking for an Associate Attorney in litigation. One year of litigation experience is

desired. Must be licensed to practice in Hawaii. Salary is commensurate with experience. Benefits include: vacation/sick leave, medical, dental, vision, 401(k), parking, life and LTD insurance. gmp@opgilaw.com.

EXPERT WITNESS CONSTRUCTION, 30 yrs; P.E., MS/BS Civil Eng’g, CCM, CEP; excellent written/oral comm; utilities, road, bridge, treatment plant, pump station, transit, multi-story; claims, scheduling, estimating; sj@sjcivil.com, 808-271-5150.

COLLISION RECONSTRUCTION EXPERT, serving all the Islands: 40 years experience, qualified as expert in state and federal courts.

John H. Meserve, CRS. (808) 450-5555 jhmeserve@gmail.com CONSTRUCTION DEFECTS, contractor issues, premises liability, real estate disclosure.

National Building Expert. Best Selling Author. www.lanceluke.com 808-422-2132 PPREMISES SECURITY EXPERT Case Evaluation • Expert Witness • 45 Expert Retentions • Court-Qualified in Hawaii 1st, 2nd & 5th Circuits • Consulting (surveys, documents, procedures, design) Albert B. “Spike” Denis, CPP, CFE. Pacific Security Group LLC. 1050 Bishop Street, Suite 303, Hono, HI 96813. Spikedenis@hawaii.rr.com Tel:808.224.4559 REAL ESTATE: Over 45-years as a Developer, Broker, Builder and Realty Advisor. HI Broker’s License, MBA/USC, extensive development and brokerage background. Seasoned real estate veteran with substantial “Real-World” experience and proven Trial testimony. Web: www.castlelyonshawaii.net. Watch 1-minute video. Call Michael K. Ryan, President, CastleLyons Corp. -- 808.282.4059.

REAL ESTATE/PROPERTY MGMT/AOAO expert. See www.jurispro.com. Search for “Griswold”. Robert S. Griswold, CRE, CPM, CCIM, PCAM, CCAM, GRI, ARM. www.griswoldremgmt.com (858) 597-6100

LEGAL CONSULTING LEGAL NURSE CONSULTING Assistance in managing the medical aspects of your case.

Legal Nurse Consulting, Life Care Planning, & Workers’ Compensation Nurse Case Management. Cynthia L. Fricke, RN, BSN, CCM, CLCP. (808) 253-0232. www.islandlegalnurse.com frickec001@hawaii.rr.com

LEGAL WRITING /RESEARCH EXPERIENCED ATTORNEY will provide legal writing services. Motions, memos, complaints, appellate briefs, and other writing assignments.

Reasonable rates. Writing samples, and references provided on request. Call (808) 7358701 or (808) 227-2141.

OFFICE SPACE 2 office spaces in the Historic Hawaii Times Bldg 928 Nu’uanu Ave. 1- 130 sq ft with shared reception area & kitchen. Furnished.

2-290 sq ft furnished, separate entrance.

Available July 1. 808-534-1040 jslawsky@1stallied.com AVAILABLE -Immediately. Located in Waterfront Plaza, Executive Suite. Two window offices (1 or both). 2 secretary carrels, storage closet available too. Includes use of conference room, kitchen, reception area.

Shared law/CPA office. Ample parking. Call Scott @ 295-9577.

KAILUA KONA prime downtown offices, all amenities, near new courthouse: 2500 + s.f.

Lease $3OOO mo., Lease - Option to buy, or Purchase at bargain price. Mark Van Pernis.

808 /329-3551 . P.O.B. 2156, Kailua Kona, 96745.

RECRUITING / TEMP STAFFING HiEmployment is Hawaii's best choice for finding top legal talent. Professional recruiting and temp staffing services available.

695-3974. email: info@hi-employment.com

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